BILL REQ. #: Z-0192.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/21/13. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to large wild carnivore conflict management; amending RCW 77.08.030, 77.36.100, 77.36.130, 46.18.200, 46.17.220, 46.68.425, and 46.18.060; reenacting and amending RCW 77.36.010 and 77.12.170; adding new sections to chapter 77.36 RCW; adding a new section to chapter 46.04 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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:
Scientific Name | Common Name |
Cervus canadensis | elk or wapiti |
Odocoileus hemionus | blacktail deer or mule deer |
Odocoileus virginianus | whitetail deer |
Alces americana | moose |
Oreamnos americanus | mountain goat |
Rangifer caribou | woodland caribou |
Ovis canadensis | mountain sheep |
Antilocapra americana | pronghorn antelope |
(( | cougar or mountain lion |
(( | black bear |
Ursus horribilis | grizzly bear |
Canis lupus | gray wolf |
Sec. 2 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. 3 A new section is added to chapter 77.36 RCW
to read as follows:
(1) The department may not pay 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
submitted under RCW 77.36.100.
(2) The department may accept and expend money from other sources
to address losses or damage to livestock or other property.
(3) The department may not expend any money deposited into the
state wildlife account in RCW 77.12.170 that is received from the sale
of Washington's wolves license plates in chapter 46.17 RCW for the
purposes of lethal wolf management.
Sec. 4 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 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)) that have been killed or that have been injured
by large wild carnivores to such a degree that the market value of the
livestock has been diminished, are subject to the limitations of
section 3(1) of this act and 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 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) 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. 5 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 section 3(1) 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; 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. 6 RCW 46.18.200 and 2012 c 65 s 1 are each amended to read
as follows:
(1) Special license plate series reviewed and approved by the
department:
(a) May be issued in lieu of standard issue or personalized license
plates for vehicles required to display one and two license plates
unless otherwise specified;
(b) Must be issued under terms and conditions established by the
department;
(c) Must not be issued for vehicles registered under chapter 46.87
RCW; and
(d) Must display a symbol or artwork approved by the department.
(2) The department approves and shall issue the following special
license plates:
LICENSE PLATE | DESCRIPTION, SYMBOL, OR ARTWORK |
4-H | Displays the "4-H" logo. |
Armed forces collection | Recognizes the contribution of veterans, active duty military personnel, reservists, and members of the national guard, and includes six separate designs, each containing a symbol representing a different branch of the armed forces to include army, navy, air force, marine corps, coast guard, and national guard. |
Endangered wildlife | Displays a symbol or artwork, approved by the special license plate review board and the legislature. |
Gonzaga University alumni association | Recognizes the Gonzaga University alumni association. |
Helping kids speak | Recognizes an organization that supports programs that provide no-cost speech pathology programs to children. |
Keep kids safe | Recognizes efforts to prevent child abuse and neglect. |
Law enforcement memorial | Honors law enforcement officers in Washington killed in the line of duty. |
Music matters | Displays the "Music Matters" logo. |
Professional firefighters and paramedics | Recognizes professional firefighters and paramedics who are members of the Washington state council of firefighters. |
Share the road | Recognizes an organization that promotes bicycle safety and awareness education. |
Ski & ride Washington | Recognizes the Washington snowsports industry. |
State flower | Recognizes the Washington state flower. |
Volunteer firefighters | Recognizes volunteer firefighters. |
Washington lighthouses | Recognizes an organization that supports selected Washington state lighthouses and provides environmental education programs. |
Washington state parks | Recognizes Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources. |
Washington's national park fund | Builds awareness of Washington's national parks and supports priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks. |
Washington's wolves | Recognizes Washington's wolf population and their special management needs. |
Washington's wildlife collection | Recognizes Washington's wildlife. |
We love our pets | Recognizes an organization that assists local member agencies of the federation of animal welfare and control agencies to promote and perform spay/neuter surgery on Washington state pets to reduce pet overpopulation. |
Wild on Washington | Symbolizes wildlife viewing in Washington state. |
NEW SECTION. Sec. 7 A new section is added to chapter 46.04 RCW
to read as follows:
"Washington's wolves license plates" means special license plates
issued under RCW 46.18.200 that display a symbol or artwork of a wolf.
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.
PLATE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 5.00 | N/A | RCW 46.68.070 | |
$ 40.00 | $ 30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | Subsection (2) of this section | |
$ 35.00 | N/A | RCW 46.68.030 | |
$ 40.00 | $ 30.00 | RCW 46.68.430 | |
$ 40.00 | $ 30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
(j) Horseless carriage | $ 35.00 | N/A | RCW 46.68.030 |
$ 45.00 | $ 30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 5.00 | N/A | RCW 46.68.070 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 25.00 | N/A | RCW 46.68.030 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | N/A | RCW 46.68.070 | |
(t) State flower | $ 40.00 | $ 30.00 | RCW 46.68.420 |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$40.00 | $30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | RCW 46.68.425 | |
$ 40.00 | $ 30.00 | RCW 46.68.420 | |
$ 40.00 | $ 30.00 | RCW 46.68.425 |
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:
SPECIAL LICENSE PLATE TYPE | ACCOUNT | CONDITIONS FOR USE OF FUNDS |
Armed forces | RCW 43.60A.140 | N/A |
Endangered wildlife | RCW 77.12.170 | Must be used only for the department of fish and wildlife's endangered wildlife program activities |
Keep kids safe | RCW 43.121.100 | (( |
Washington state parks | RCW 79A.05.059 | Provide public educational opportunities and enhancement of Washington state parks |
RCW 77.12.170 | Dedicated to the department of fish and wildlife's management of wolves | |
Washington's wildlife collection | RCW 77.12.170 | Only for the department of fish and wildlife's game species management activities |
Wild on Washington | RCW 77.12.170 | Dedicated to the department of fish and wildlife's watchable wildlife activities, as defined in RCW 77.32.560 |
Sec. 10 RCW 46.18.060 and 2012 c 65 s 6 are each amended to read
as follows:
(1) The department must review and either approve or reject special
license plate applications submitted by sponsoring organizations.
(2) Duties of the department include, but are not limited to, the
following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the joint transportation
committee;
(b) Report annually to the joint transportation committee on the
special license plate applications that were considered by the
department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the executive committee of the joint transportation
committee, and the legislative sponsors identified in each application.
The letters must be issued within seven days of making a determination
on the status of an application; and
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The department may
submit a recommendation to discontinue a special plate series to the
executive committee of the joint transportation committee.
(3) Except as provided in RCW 46.18.245, in order to assess the
effects and impact of the proliferation of special license plates, the
legislature declares a temporary moratorium on the issuance of any
additional plates until July 1, 2013. During this period of time, the
department is prohibited from accepting, reviewing, processing, or
approving any applications. Additionally, a special license plate may
not be enacted by the legislature during the moratorium, unless the
proposed license plate has been approved by the former special license
plate review board before February 15, 2005.
(4) The limitations under subsection (3) of this section do not
apply to the following special license plates:
(a) 4-H license plates created under RCW 46.18.200;
(b) Music Matters license plates created under RCW 46.18.200;
(c) State flower license plates created under RCW 46.18.200;
(d) Volunteer firefighter license plates created under RCW
46.18.200;
(e) Washington's wolves license plates created under RCW 46.18.200.
Sec. 11 RCW 77.12.170 and 2011 c 339 s 3, 2011 c 320 s 23, and
2011 c 171 s 112 are each reenacted and amended to read as follows:
(1) There is established in the state treasury the state wildlife
account 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, unless the property is seized or recovered through a fish,
shellfish, or wildlife enforcement action;
(c) The assessment of administrative penalties;
(d) The sale of licenses, permits, tags, and stamps required by
chapter 77.32 RCW, RCW 77.65.490, and application fees;
(e) Fees for informational materials published by the department;
(f) Fees for personalized vehicle, Wild on Washington, ((and))
Endangered Wildlife, and Washington's wolves license plates and
Washington's Wildlife license plate collection as provided in chapter
46.17 RCW;
(g) Articles or wildlife sold by the director under this title;
(h) Compensation for damage to department property or wildlife
losses or contributions, gifts, or grants received under RCW 77.12.320.
However, this excludes fish and shellfish overages, and court-ordered
restitution or donations associated with any fish, shellfish, or
wildlife enforcement action, as such moneys must be deposited pursuant
to RCW 77.15.425;
(i) Excise tax on anadromous game fish collected under chapter
82.27 RCW;
(j) The department's share of revenues from auctions and raffles
authorized by the commission;
(k) The sale of watchable wildlife decals under RCW 77.32.560;
((and))
(l) Moneys received from the recreation access pass account created
in RCW 79A.80.090 must be dedicated to stewardship, operations, and
maintenance of department lands used for public recreation purposes;
and
(m) Donations received by the director under RCW 77.12.039.
(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 account.
NEW SECTION. Sec. 12 Sections 6 through 10 of this act take
effect January 1, 2014.