H-0080

AN ACT Relating to auctions and raffles authorized by the fish and wildlife commission; amending RCW 9.46.010, 77.32.050, 77.32.090, 77.32.250, and 77.32.450; reenacting and amending RCW 77.12.170; creating a new section; repealing RCW 9.46.400, 77.08.070, 77.12.770, and 77.12.780; and repealing 1998 c 245 s 160.

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

NEW SECTION. Sec. 1. The legislature recognizes that the current process for providing hunting opportunities through auctions and raffles does not provide recreational hunters an equal opportunity to participate in hunts for big game animals. The legislature finds that any additional revenues brought in through these auctions and raffles are minimal at best, and do not warrant restricting equal access to the resource. In addition, the legislature finds that in exchange for an equal opportunity to hunt, many recreational hunters would support a one-dollar increase in hunting fees to generate the revenue that would be lost through the elimination of the auctions and raffles. Therefore, the legislature declares that the current process for conducting auctions and raffles for big game hunts should be eliminated and replaced with general seasons open to all citizens on an annual basis.

Sec. 2. RCW 9.46.010 and 1996 c 101 s 2 are each amended to read as follows:

The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.

It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.

The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.

The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punch boards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.

The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.

((The legislature further declares that raffles authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.))

All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

Sec. 3. RCW 77.12.170 and 1998 c 191 s 38 and 1998 c 87 s 2 are each reenacted and amended to read as follows:

(1) There is established in the state treasury the state wildlife fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(c) The sale of licenses, permits, tags, stamps, and punchcards required by this title, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the director under this title;

(g) Compensation for wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; and

(i) The sale of personal property seized by the department for wildlife violations((~~; and~~

~~(j) The department's share of revenues from auctions and raffles authorized by the commission~~)).

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.

Sec. 4. RCW 77.32.050 and 1998 c 191 s 10 are each amended to read as follows:

All recreational licenses, permits, tags, and stamps required by this chapter ((~~and raffle tickets authorized under chapter 77.12 RCW~~)) shall be issued under the authority of the commission. The commission shall adopt rules for the issuance of recreational licenses, permits, tags, and stamps((~~, and raffle tickets~~)), and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers' fees. Fees retained by dealers shall be uniform throughout the state.

Sec. 5. RCW 77.32.090 and 1998 c 191 s 12 are each amended to read as follows:

The commission may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, and stamps required by this chapter ((~~and raffle tickets authorized under chapter 77.12 RCW~~)).

Sec. 6. RCW 77.32.250 and 1998 c 191 s 22 are each amended to read as follows:

Licenses, permits, tags, and stamps required by this chapter ((~~and raffle tickets authorized under chapter 77.12 RCW~~)) shall not be transferred.

Upon request of a fish and wildlife officer or ex officio fish and wildlife officer, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, or stamps((~~, or raffle tickets~~)) for inspection and write their signatures for comparison and in addition display their wildlife. Failure to comply with the request is prima facie evidence that the person has no license or is not the person named.

Sec. 7. RCW 77.32.450 and 1998 c 191 s 14 are each amended to read as follows:

(1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the commission. The fees for annual big game combination packages are as follows:

(a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is ((~~sixty-six~~)) sixty-seven dollars for residents, six hundred sixty-one dollars for nonresidents, and thirty-three dollars for youth.

(b) Big game number 2: Deer and elk. The fee for this license is ((~~fifty-six~~)) fifty-seven dollars for residents, five hundred sixty-one dollars for nonresidents, and twenty-eight dollars for youth.

(c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is ((~~forty-six~~)) forty-seven dollars for residents, four hundred sixty-one dollars for nonresidents, and twenty-three dollars for youth.

(d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is ((~~thirty-six~~)) thirty-seven dollars for residents, three hundred sixty-one dollars for nonresidents, and eighteen dollars for youth.

(e) Big game number 5: Bear and cougar. The fee for this license is twenty-one dollars for residents, two hundred one dollars for nonresidents, and ten dollars for youth.

(2) In the event that the commission authorizes a two animal big game limit, the fees for the second animal are as follows:

(a) Elk: The fee is twenty-one dollars for residents, two hundred one dollars for nonresidents, and ten dollars for youth.

(b) Deer: The fee is twenty-one dollars for residents, two hundred one dollars for nonresidents, and ten dollars for youth.

(c) Bear: The fee is ((~~ten~~)) eleven dollars for residents, one hundred one dollars for nonresidents, and five dollars for youth.

(d) Cougar: The fee is ((~~ten~~)) eleven dollars for residents, one hundred one dollars for nonresidents, and five dollars for youth.

(3) In the event that the commission authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows:

(a) Mountain goat: The fee is one hundred one dollars for residents, one thousand one dollars for nonresidents, and fifty dollars for youth.

(b) Sheep: The fee is one hundred one dollars for residents, one thousand one dollars for nonresidents, and fifty dollars for youth.

(c) Moose: The fee is one hundred one dollars for residents, one thousand one dollars for nonresidents, and fifty dollars for youth.

Authorization to hunt the species set out under (a) through (c) of this subsection ((~~(3)(a) through (c) of this section~~)) is by special permit identified under RCW 77.32.370.

(4) The commission may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 9.46.400 and 1996 c 101 s 3;

(2) RCW 77.08.070 and 1996 c 101 s 4;

(3) RCW 77.12.770 and 1996 c 101 s 5;

(4) RCW 77.12.780 and 1996 c 101 s 6; and

(5) 1998 c 245 s 160.