HOUSE BILL REPORT

HB 1137

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief History:

Committee Activity:

Agriculture & Natural Resources: 1/22/09, 1/30/09 [DP].

Floor Activity

Passed House: 2/23/09, 97-0.

Senate Amended.

Passed Senate: 4/7/09, 44-0.

Brief Summary of Bill

Removes the provision that allows a victim of Christmas tree theft to only recover up to $3 in damages.
Includes Christmas trees in other existing provisions that assign penalties for tree theft.

Majority Report: Do pass. Signed by 12 members: Representatives Blake, Chair; Chandler, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Jacks, Kretz, Liias, McCoy, Nelson, Ormsby, Pearson, Van De Wege and Warnick.

Background:

Currently, an individual or the state may only recover $1 for the cutting, breaking, or removal of a Christmas tree from his/her private property or from public lands. If it is necessary to file a civil suit to recover the value of the tree or trees, the plaintiff may recover treble (triple) damages on the basis of $3 per tree.

For other timber, however, the plaintiff may recover triple the value of the tree or timber cut, injured, or removed from the plaintiff's land. In addition, a person is guilty of theft if he/she intentionally trespasses on public lands of the state and cuts down, destroys, injures, or removes any tree, timber, or wood growing or lying on the land.

Summary of Bill:

The provision that allows victims of Christmas tree theft to recover $1 upon demand or $3 if it is necessary to file a civil suit to recover the value of the tree or trees is removed.

Christmas trees are included in existing tree theft statutes that permit a plaintiff to recover treble damages in a civil lawsuit when a person unlawfully cuts down, removes, or injures a tree or timber from the plaintiff's land. In addition, Christmas trees are included in an existing provision that makes it a crime to cut down, destroy, or injure any timber standing or growing on public lands of the state.

EFFECT OF SENATE AMENDMENT(S):

The Senate amendment makes the technical revision of deleting references to "villages," an obsolete municipal class. The amendment also makes a number of non-substantive grammatical revisions, such as correcting the placement of commas.

Staff Summary of Public Testimony:

(In support) This bill is fair and logical because it removes an anomaly that currently exists in the law for compensation for Christmas tree theft and brings Christmas tree theft in line with other timber theft laws.

(Opposed) None.