BILL REQ. #:  H-0985.1 

Read first time 01/29/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to building upon the existing wildlife interaction program to establish the mechanisms behind an uncapped funding source for implementing the provisions of the Washington wolf conservation and management plan adopted by the fish and wildlife commission in 2011 in a way that does not change the management provisions of the plan; amending RCW 77.36.100, 77.36.130, 46.18.200, 46.17.220, 46.68.425, and 46.18.060; adding new sections to chapter 77.36 RCW; and adding a new section to chapter 46.04 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.36 RCW to read as follows:
     (1)(a) The wolf interaction conflict account is created in the custody of the state treasurer. Prior to the end of each biennium, the department must transfer to the wolf interaction conflict account the balance of unexpended state funds authorized to be used for livestock claims and assessment costs under section 2 of this act and appropriated for mitigation, claims, and assessment costs for injury to or loss of livestock submitted under RCW 77.36.100.
     (b) The wolf interaction conflict account may also accept any grants, gifts, or donations to the state for the purposes of providing compensation for livestock damage caused by wolves and any appropriations or fund transfers made by the legislature. The department may accept money or personal property for the account from persons under conditions requiring the property or money to be used consistent with the intent of this section. All revenues provided to the department from the sales of Washington's wolves license plates, as defined in section 6 of this act, must also be deposited into the wolf interaction conflict account.
     (c) Expenditures from the wolf interaction conflict account may be used only for the mitigation, prevention, assessment, and payment of livestock losses consistent with this chapter. However, revenues from Washington's wolves license plates may only be spent consistent with RCW 46.68.425. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2)(a) The department must maintain a list of claims submitted under RCW 77.36.100, organized chronologically by the date wolf predation is confirmed, for injury or loss of livestock due to wolf predation that have not been fully paid by the department. As funding becomes available to the department under this section, section 2 of this act, or any other source, the department must pay claims in the chronologic order they appear on the list. The department must maintain, and is authorized to pay, claims that appear on the list due to a wildlife interaction that occurred in a previous fiscal biennium.
     (b) The payment of a claim included on the list maintained by the department under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.
     (3) Payments on claims from the wolf interaction conflict account are not subject to the limitations provided in section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The department may pay up to 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 due to wolf predation 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) Prior to the end of any biennium in which the department expends fewer state funds from the biennial appropriation to the state wildlife account than is authorized under subsection (1) of this section, under the specific authority provided in this section, the unexpended amount must be transferred to the wildlife conflict account created in section 1 of this act.

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, and section 2 of this act, 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, except as provided in sections 1 and 2 of this act, 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.
     (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.

Sec. 4   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 2 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 killed or injured by a wildlife species other than the gray wolf 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 value of livestock killed or injured by a gray wolf is to be set at the market value of the lost livestock.
     (3) 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))) (4) 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))) (5) The burden of proving all property damage, including damage to commercial crops and commercial livestock, belongs to the claimant.

Sec. 5   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:

NEW SECTION.  Sec. 6   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. 7   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.

Sec. 8   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:

Sec. 9   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.