BILL REQ. #:  S-1808.3 

READ FIRST TIME 03/01/13.   

     AN ACT Relating to large wild carnivore conflict management; amending RCW 77.08.030, 77.36.100, 77.36.130, 46.17.220, and 46.68.425; reenacting and amending RCW 77.36.010; adding new sections to chapter 77.36 RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The intent of the legislature is to facilitate the transition of the state's efforts from gray wolf recovery to management as wolf recovery objectives are reached. Listing the gray wolf as a statutory "game species" does not negatively impact the current endangered classification of the gray wolf by the Washington department of fish and wildlife. Listing the gray wolf as a "game species" positions Washington to use proven population control management tools that have been utilized by our neighboring regions as they have navigated through the wolf recovery process. The lessons learned by other states and provinces have suggested it is better to have a management framework in place before recovery objectives are achieved. This allows for a more seamless transition to minimize unnecessary losses to local industries, unwanted threats to public safety, or negative impacts to wildlife populations and ecosystems.

Sec. 2   RCW 77.08.030 and 1980 c 78 s 11 are each amended to read as follows:
     As used in this title or rules of the commission, "big game" means the following species:

Sec. 3   RCW 77.36.010 and 2009 c 521 s 184 and 2009 c 333 s 54 are each reenacted and amended to read as follows:
      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Claim" means an application to the department for compensation under this chapter.
     (2) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the purposes of this chapter all parts of horticultural trees shall be considered a commercial crop and shall be eligible for claims.
     (3) "((Commercial)) Livestock" means cattle, sheep, and horses ((held or raised by a person for sale)).
     (4) "Compensation" means a cash payment, materials, or service.
     (5) "Damage" means economic losses caused by wildlife interactions.
     (6) "Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild.
     (7) "Owner" means a person who has a legal right to commercial crops, ((commercial)) livestock, or other property that was damaged during a wildlife interaction.
     (8) "Wildlife interaction" means the negative interaction and the resultant damage between wildlife and commercial crops, ((commercial)) livestock, or other property.

NEW SECTION.  Sec. 4   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 state wildlife account created in RCW 77.12.170 for claims and assessment costs for injury or loss of livestock caused by wolves submitted under RCW 77.36.100.
     (2) Notwithstanding other provisions of this chapter, the department may also accept and expend money from other sources to address injury or loss of livestock or other property caused by wolves consistent with the requirements on that source of funding.
     (3) If any wildlife account expenditures authorized under subsection (1) of this section are unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unspent amount to the wolf-livestock conflict account created in section 5 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The wolf-livestock conflict account is created in the custody of the state treasurer. Any transfers under section 4 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 injury or loss of livestock caused by wolves. Consistent with this chapter, expenditures from the account may be used only for mitigation, assessment, and payments for injury or loss of livestock caused by wolves. 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, organized chronologically by the date wolf predation is confirmed, for injury or loss of livestock caused by wolves that have been approved for payment but not yet been fully paid by the department. As funding becomes available to the department under this section, section 4 of this act, or 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. 6   RCW 77.36.100 and 2009 c 333 s 55 are each amended to read as follows:
     (1)(a) Except as limited by RCW 77.36.070 ((and)), 77.36.080, and sections 4 and 5 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 ((commercial)) 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 ((commercial)) livestock has been diminished. Payments for claims for damage to ((commercial)) livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not, except as provided in sections 4 and 5 of this act, exceed the total amount specifically appropriated therefor.
     (b) Owners of commercial crops or ((commercial)) 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 ((commercial)) 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 ((commercial)) livestock qualifying for compensation under this subsection. An owner of a commercial crop or ((commercial)) 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 ((commercial)) 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 ((noncash)) compensation ((only)) to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or ((commercial)) 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 ((commercial)) 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 ((subsection)) 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.

Sec. 7   RCW 77.36.130 and 2009 c 333 s 58 are each amended to read as follows:
     (1) Except as otherwise provided in this section and as limited by RCW 77.36.100, 77.36.070, ((and)) 77.36.080, and sections 4 and 5 of this act, the cash compensation portion of each claim by the department under this chapter is limited to the lesser of:
     (a) The value of the damage to the property by wildlife, reduced by the amount of compensation provided to the claimant by any nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions((, except that, subject to appropriation to pay compensation for damage to commercial livestock,)). The value of killed or injured ((commercial)) livestock may be no more than ((two hundred dollars per sheep, one thousand five hundred dollars per head of cattle, and one thousand five hundred dollars per horse)) the market value of the lost livestock subject to the conditions and criteria established by rule of the commission; or
     (b) Ten thousand dollars.
     (2) The department may offer to pay a claim for an amount in excess of ten thousand dollars to the owners of commercial crops or ((commercial)) livestock filing a claim under RCW 77.36.100 only if the outcome of an appeal filed by the claimant under RCW 77.36.100 determines a payment higher than ten thousand dollars.
     (3) All payments of claims by the department under this chapter must be paid to the owner of the damaged property and may not be assigned to a third party.
     (4) The burden of proving all property damage, including damage to commercial crops and ((commercial)) livestock, belongs to the claimant.

Sec. 8   RCW 46.17.220 and 2012 c 65 s 4 are each amended to read as follows:
     (1) In addition to all fees and taxes required to be paid upon application for a vehicle registration in chapter 46.16A RCW, the holder of a special license plate shall pay the appropriate special license plate fee as listed in this section.

Sec. 9   RCW 46.68.425 and 2011 c 171 s 88 are each amended to read as follows:
     (1) The department shall:
     (a) Collect special license plate fees established under RCW 46.17.220;
     (b) Deduct an amount not to exceed twelve dollars for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and
     (c) Remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report.
     (2) The state treasurer shall credit the proceeds to the motor vehicle fund until the department determines that the state has been reimbursed for the cost of implementing the special license plate. Upon determination by the department that the state has been reimbursed, the state treasurer shall credit the remaining special license plate fees to the following accounts by special license plate type:

NEW SECTION.  Sec. 10   Sections 8 and 9 of this act take effect January 1, 2014.