READ FIRST TIME 01/25/08.   

     AN ACT Relating to enhancing the department of fish and wildlife's ability to facilitate outdoor recreation opportunities for a terminally ill person; amending RCW 77.15.650 and 77.32.250; adding a new section to chapter 77.32 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.32 RCW to read as follows:
     (1) In order to facilitate hunting and fishing opportunities for a terminally ill person, the director may provide any licenses, tags, permits, stamps, and other fees without charge including transaction and dealer fees.
     (2) The director may accept special permits or other special hunting opportunities, including raffle tags, auction tags, and multiple season opportunities from donors seeking to facilitate hunting opportunities for a terminally ill person. The director shall distribute these donations pursuant to rules adopted under subsection (4) of this section.
     (3) The director may take other actions consistent with facilitating hunting and fishing opportunities for a terminally ill person. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320.
     (4) In addition to rules required under subsection (2) of this section, the commission may adopt rules as necessary to effectuate the purpose and policies of this section.

Sec. 2   RCW 77.15.650 and 2000 c 107 s 256 are each amended to read as follows:
     (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:
     (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;
     (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;
     (c) Except as authorized under section 1 of this act, uses or displays a license, permit, tag, or approval that was issued to another person;
     (d) Except as authorized under section 1 of this act, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;
     (e) Acquires or holds a license while privileges for the license are revoked or suspended.
     (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling.
     (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license.
     (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license.
     (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.
     (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.

Sec. 3   RCW 77.32.250 and 2001 c 253 s 51 are each amended to read as follows:
     Except as authorized in section 1 of this act, licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under this chapter shall not be transferred.

NEW SECTION.  Sec. 4   This act may be known and cited as the Senator Bob Oke memorial act.