HB 1399 — Concerning compensation for property damage caused by wild deer or elk.

H-1868.1SUBSTITUTEH-0945.1HOUSE HOUSE BILL 1399State of Washington65th Legislature2017 Regular SessionBy House Agriculture & Natural Resources (originally sponsored by Representatives Dent, Blake, Irwin, Shea, Dye, Pettigrew, Buys, Koster, and Schmick)READSchmickRead FIRSTfirst TIMEtime 02/16/17.AN01/19/17. ACT Relating to compensation for property damage caused by wild deer or elk;

Referred to Committee on Agriculture & Natural Resources.AN ACT Relating to compensation for property damage caused by wild deer or elk;

Such money shall be used to pay wildlife interaction claims only if the claim meets the conditions of RCW 77.36.100 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.Sec. 4.  RCW 77.36.100 and 2013 c 329 s 4 are each amended to read as follows:(1)(a) Except as limited by RCW 77.36.070, 77.36.080, 77.36.170, and 77.36.180, the department shall offer to distribute money appropriated to pay claims to the owner of ((commercial)) agricultural crops for damage caused by wild deer or elk or to the owners of 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 livestock has been diminished,diminished. or to the owner of other property that has been damaged by wild deer or elk.

Payments for claims for damage to livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not, except as provided in RCW 77.36.170 and 77.36.180, exceed the total amount specifically appropriated therefor.therefor.(b) Owners of ((commercial)) agricultural crops or livestock are only eligible for a claim under this subsection if:(i) The ((commercial)) agricultural crop owner satisfies the definition of "eligible farmer" in RCW 82.08.855;(ii) The conditions of RCW 77.36.110 have been satisfied;

"Otherand(iii) property"The eligibledamage forcaused compensationto underthe this((commercial)) subsectionagricultural includes,crop butor islivestock notsatisfies limitedthe to,criteria irrigationfor equipmentdamage andestablished fencing.(b)by Ownersthe ofcommission ((commercial))under agricultural(c) cropsof ((orthis livestock)),subsection.(c) livestock,The orcommission othershall propertyadopt areand onlymaintain eligibleby forrule acriteria claimthat underclarifies thisthe subsectiondamage if:(i)to The ((commercial)) agricultural cropcrops ownerand satisfieslivestock thequalifying definitionfor ofcompensation "eligibleunder farmer"this insubsection. RCW 82.08.855;(ii) The conditions of RCW 77.36.110 have been satisfied;

and(iii)An Theowner damageof caused((a tocommercial)) thean ((commercial)) agricultural crop ((or livestock)), livestock, or otherlivestock propertymust satisfiessatisfy the criteria forprior 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))receiving agricultural crops ((and livestock)), livestock, and other property qualifying for compensation under this subsection.

AnThe 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)) agricultural crop or livestock, which may not be set at a value of less than ((five hundred dollars)) one thousand five hundred dollars for damage to property or agricultural crops by wild deer or elk or less than five hundred dollars for damage to livestock caused by bears, wolves, or cougars.(2)(a) Subject to the availability of nonstate funds, nonstate resources other than cash, or amounts appropriated for this specific purpose, the department may offer to provide compensation to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than ((commercial)) agricultural crops or 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)) an agricultural crop ((oror livestock)),livestock 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 otheroffset propertywildlife mustinteractions, satisfythe 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 priorfor damage established by the commission under this section.(b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to receivingaddress compensationwildlife interactions that may be eligible for materials and services under this subsection.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;

Theor(b) criteriaIs fordisputed damageby adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner ofand the ((commercial))owner agriculturaldisagrees cropwith ((orthe livestock))amount livestock, or other property, which may not be set at a value of lesscompensation thandetermined ((five hundred dollars)) one thousand five hundred dollars for damage to agricultural crops or other property by wild deer or elk or less than five hundred dollars for damage to livestock caused by bears, wolves, or cougars.(2)(a) Subject to the availabilitydepartment.(5) ofThe nonstatecommission funds,shall nonstateadopt resourcesrules othersetting thanlimits cash,and orconditions amounts appropriated for this specific purpose, the departmentdepartment's mayexpenditures offeron toclaims provideand compensationassessments to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than ((commercial)) agricultural cropscrops, orlivestock, livestockother thatproperty, isand themitigating resultactions.Sec. 5.  RCW of77.36.130 aand mammalian2013 orc avian329 speciess of5 wildlifeare oneach aamended case-specificto basisread ifas thefollows:(1) conditionsExcept ofas RCWotherwise 77.36.110provided havein beenthis satisfiedsection and ifas thelimited damage satisfies the criteria for damage established by theRCW commission77.36.100, under77.36.070, (b)77.36.080, of77.36.170, this subsection.(b) The commission shall adopt and maintain77.36.180, bythe rulecash criteria for damage to property other than ((a commercial)) an agricultural crop or livestock that is damaged by wildlife and may be eligible for compensation underportion thisof subsection,each including criteria for filing a claim forby compensation under this subsection.(3)(a) To prevent or offset wildlife interactions, the department mayunder offerthis materialschapter oris serviceslimited to a person who applies to the departmentlesser forof:(a) assistanceThe invalue providingof mitigating actions designed to reduce wildlife interactions if the actionsdamage are designed to address damage that satisfies the criteriaproperty forby damagewildlife, establishedreduced by the commissionamount underof thiscompensation section.(b)provided Theto commissionthe shallclaimant adopt and maintain by ruleany criterianonprofit fororganizations mitigatingthat actionsprovide designedcompensation to addressprivate wildlifeproperty interactionsowners thatdue 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 rulesfinancial adoptedlosses caused by thewildlife commissioninteractions. 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)) agricultural crops, livestock, other property, and mitigating actions.

The maximum amount that the department is authorized to charge for a damage assessment in connection with a claim filed under this chapter shall be limited to the actual costs incurred by the department to conduct the assessment, or two percent of the compensation awarded to the owner, whichever is less.Sec. 5.  RCW 77.36.130 and 2013 c 329 s 5 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, 77.36.080, 77.36.170, and 77.36.180, 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.

((or))(b)(i) Twenty thousand dollars for damage to agriculturalproperty crops or otheragricultural propertycrops caused by wild deer or elk;