BILL REQ. #:  S-4325.3 

READ FIRST TIME 01/25/08.   

     AN ACT Relating to watchable wildlife; amending RCW 77.32.560, 9.46.010, and 9.46.400; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that the purchase of a watchable wildlife decal offers a valuable opportunity for individuals to voluntarily contribute to the enhancement of the habitat, infrastructure, trails, corridors, and communities that provide wildlife viewing opportunities in this state. In addition to improving wildlife habitat and recreational opportunities, watchable wildlife programs also significantly contribute to the economic vitality of Washington's rural areas.
     The legislature finds that Washington has made great strides to enhance watchable wildlife activities and tourism while also protecting the wildlife resources that attract the viewers. However, the legislature also finds that additional investments in the watchable wildlife program are needed and will further benefit Washington's wildlife and rural communities, and increase wildlife viewing and other recreational opportunities in the state. Therefore, the legislature intends to use creative measures in an effort to increase the number of individuals who voluntarily purchase watchable wildlife decals.

Sec. 2   RCW 77.32.560 and 2003 c 317 s 2 are each amended to read as follows:
     (1) The department may sell watchable wildlife decals. Proceeds from the sale of the decal must be deposited into the state wildlife ((fund)) account created in RCW 77.12.170 and must be dedicated to the support of the department's watchable wildlife activities. The department may also use proceeds from the sale of the decal for marketing the decal and for marketing watchable wildlife activities in the state.
     (2) The term "watchable wildlife activities" includes but is not limited to: Initiating partnerships with communities to jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours, maps, brochures, and travel aides, and offering grants to assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
     (3) The commission must adopt by rule the cost of the watchable wildlife decal. A person may, at their discretion, contribute more than the cost as set by the commission by rule for the watchable wildlife decal in order to support watchable wildlife activities. A person who purchases a watchable wildlife decal must be issued one vehicle use permit free of charge.
     (4)(a) Until December 1, 2010, the department, under the authority of the director, shall carry out a watchable wildlife raffle pilot project.
     (b) The pilot project must consist of no fewer than three separate watchable wildlife raffles and associated tours. The department shall select raffle winners from the pool of watchable wildlife decal holders. The department shall provide raffle winners with a wildlife viewing tour on department owned or managed lands, and in doing so may work cooperatively with nongovernmental entities and individuals. The tour should provide participants with a desirable, high quality, and rare wildlife viewing experience. The department shall seek to publicize the raffles and tours, including the tour destinations, to increase public awareness of the department's watchable wildlife program, watchable wildlife decals, and the pilot project.
     (c) During the pilot project, the department is encouraged to use other creative measures in an effort to increase the number of individuals who voluntarily purchase watchable wildlife decals.
     (d) The department shall provide the appropriate committees of the legislature with a brief summary of the pilot project and relevant policy recommendations, if any, by December 1, 2010.

Sec. 3   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 punchboards, 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 or as authorized under RCW 77.32.560 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. 4   RCW 9.46.400 and 1996 c 101 s 3 are each amended to read as follows:
     Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys or under RCW 77.32.560 shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.

NEW SECTION.  Sec. 5   This act expires January 1, 2011.