BILL REQ. #:  H-3880.1 

READ FIRST TIME 02/04/14.   

     AN ACT Relating to wildlife conflict funding to encourage proactive measures; amending RCW 77.36.070, 77.36.080, and 77.36.100; and adding new sections to chapter 77.36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 77.36.070 and 2009 c 333 s 59 are each amended to read as follows:
     (1) The department may pay no more than one hundred twenty thousand dollars per fiscal year from the state wildlife account created in RCW 77.12.170 for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100.
     (2) If any money authorized for expenditure under subsection (1) of this section is unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unexpended money to the wildlife conflict account created in section 4 of this act.

Sec. 2   RCW 77.36.080 and 2009 c 333 s 60 are each amended to read as follows:
     (1) Unless the legislature declares an emergency under this section, the department may pay no more than thirty thousand dollars per fiscal year from the general fund for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100.
     (2) If any money authorized for expenditure under subsection (1) of this section is unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unexpended money to the wildlife conflict account created in section 4 of this act.
     (3)(a) The legislature may declare an emergency if weather, fire, or other natural events result in deer or elk causing excessive damage to commercial crops.
     (b) After an emergency declaration, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims and assessment costs under RCW 77.36.100. Such money shall be used to pay wildlife interaction claims only if the claim meets the conditions of RCW 77.36.100 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The department may pay no more than fifty thousand dollars per fiscal year from the general fund for mitigation, claims, and assessment costs for injury or loss of livestock caused by bears, wolves, or cougars submitted under RCW 77.36.100.
     (2) The department may also accept and expend money from other sources to address injury or loss of property caused by wildlife consistent with the requirements on that source of funding.
     (3) If any money authorized for expenditure under subsection (1) of this section is unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unexpended money to the wildlife conflict account created in section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The wildlife conflict account is created in the custody of the state treasurer. Any transfers of money under RCW 77.36.070, 77.36.080, and section 3 of this act must be deposited in the account. The department may also deposit into the account any grants, gifts, or donations to the state for the purposes of providing compensation for property damage. Consistent with this chapter, expenditures from the account may be used only for prevention, mitigation, assessment, and payments for injury or loss of property caused by deer, elk, bears, wolves, or cougars. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2)(a) The department must maintain a list of claims submitted under RCW 77.36.100 that have been approved for payment but not yet been fully paid by the department. The list of claims must be organized chronologically by the date the injury or loss of property caused by deer, elk, bears, wolves, or cougars occurred. As funding becomes available to the department under this section, or from any other source, the department must pay claims in the chronologic order they appear on the list. The department must maintain, and is authorized to pay, claims that appear on the list due to injury or loss that occurred in a previous fiscal biennium.
     (b) The payment of a claim included on the list maintained by the department under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.

Sec. 5   RCW 77.36.100 and 2013 c 329 s 4 are each amended to read as follows:
     (1)(a) Except as limited by RCW 77.36.070, 77.36.080, 77.36.170, ((and)) 77.36.180, and section 3 of this act, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the livestock has been diminished. Payments for claims for damage to livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not, except as provided in RCW 77.36.170 and 77.36.180, exceed the total amount specifically appropriated therefor.
     (b) Owners of commercial crops or livestock are only eligible for a claim under this subsection if:
     (i) The commercial crop owner satisfies the definition of "eligible farmer" in RCW 82.08.855;
     (ii) The conditions of RCW 77.36.110 have been satisfied; and
     (iii) The damage caused to the commercial crop or livestock satisfies the criteria for damage established by the commission under (c) of this subsection.
     (c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and livestock qualifying for compensation under this subsection. An owner of a commercial crop or livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or livestock, which may not be set at a value of less than five hundred dollars.
     (2)(a) Subject to the availability of nonstate funds, nonstate resources other than cash, or amounts appropriated for this specific purpose, the department may offer to provide compensation to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under (b) of this subsection.
     (b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
     (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this section.
     (b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
     (4) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim:
     (a) Is denied; or
     (b) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.
     (5) The commission shall adopt rules setting limits and conditions for the department's expenditures on claims and assessments for commercial crops, livestock, other property, and mitigating actions.