BILL REQ. #:  S-1692.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to providing compensation for commercial crop damage caused by bighorn sheep; and amending RCW 77.36.070, 77.36.080, and 77.36.100.

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:
     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 big horn sheep, deer, or elk submitted under RCW 77.36.100.

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 big horn sheep, deer, or elk submitted under RCW 77.36.100.
     (2)(a) The legislature may declare an emergency if weather, fire, or other natural events result in big horn sheep, 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.

Sec. 3   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, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild big horn sheep, 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 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 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 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.
     (d)(i) The department must maintain separate lists of claims for compensation for damage to commercial crops and damage to commercial livestock submitted under this section that have been approved for payment but not yet fully paid. The lists must each be organized chronologically based on the date the claim was received. As funding becomes available under this chapter or from any other source, the department must pay claims for which the funds are available in the chronological order they appear on the appropriate list. The department must retain and pay claims on the lists across fiscal years and biennia.
     (ii) The payment of a claim included on the lists maintained by the department under this section is conditional on the availability of specific funding for that purpose and is not a guarantee of reimbursement.
     (2)(a) 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 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.
     (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.