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                                          ENGROSSED SENATE BILL NO. 4286

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State of Washington                              49th Legislature                              1985 Regular Session

By Senator Lee

Read first time 2/8/85 and referred to Committee on Parks and Ecology.

AN ACT Relating to state beaches; amending RCW 79.01.748 and 79.01.752; and adding a new section to chapter 43.51 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.51 RCW to read as follows:

          The use of metal detectors has become an enjoyable hobby for many state park visitors.  Metal detector use on state beaches should be encouraged because it aids in keeping state parks clean and enjoyable for all.  The commission may issue permits for the use of metal detectors and the recovery of found items on state beaches under its jurisdiction.  The commission may adopt rules under chapter 34.04 RCW as it finds necessary to establish appropriate conditions and limitations for the permits, and to govern issuance of the permits and the fee to be charged therefor.

        Sec. 2.  Section 197, chapter 255, Laws of 1927 and RCW 79.01.748 are each amended to read as follows:

          Every person who wilfully commits any trespass upon any public lands of the state and cuts down, destroys or injures any timber, or any tree standing or growing thereon, or takes, or removes, or causes to be taken, or removed, therefrom any wood or timber lying thereon, or maliciously injures or severs anything attached thereto, or the produce thereof, or digs, quarries, mines, takes or removes therefrom any earth, soil, stone, mineral, clay, sand, gravel, or any valuable materials, shall be guilty of larceny.  The state parks and recreation commission may develop rules permitting the removal of certain materials that have no historic, archaeological, or natural resource value, and that the commission finds are otherwise appropriate for removal using a metal detector.

        Sec. 3.  Section 198, chapter 255, Laws of 1927 and RCW 79.01.752 are each amended to read as follows:

          Every person being in lawful possession of any public lands of the state, under and by virtue of any lease or contract of purchase from the state, cuts down, destroys or injures, or causes to be cut down, destroyed or injured, any timber standing or growing thereon, or takes or removes, or causes to be taken or removed, therefrom, any wood or timber lying thereon, or maliciously injures or severs anything attached thereto, or the produce thereof, or digs, quarries, mines, takes or removes therefrom, any earth, soil, clay, sand, gravel, stone, mineral or other valuable material, or causes the same to be done, or otherwise injures, defaces or damages, or causes to be injured, defaced or damaged, any such lands unless expressly authorized so to do by the lease or contract under which he holds possession of such lands, or by the provisions of law under and by virtue of which such lease or contract was issued, shall be guilty of a misdemeanor.  The state parks and recreation commission may develop rules permitting the removal of certain materials that have no historic, archaeological, or natural resource value, and that the commission finds are otherwise appropriate for removal using a metal detector.