FINAL BILL REPORT

SHB 170

                                  C 380 L 87

BYHouse Committee on Natural Resources (originally sponsored by Representatives Meyers, Sutherland, S. Wilson, Haugen, Amondson, Cole, Basich, Belcher, Dellwo, McMullen, Appelwick, Fisch, Heavey, Ballard, Locke, R. King, Jesernig, P. King and Hine)

Permitting violation of rules governing the state's natural resources to be infractions.

House Committe on Natural Resources

Senate Committee on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

Violations of laws and regulations in Washington fall into one of five categories:  civil violations, infractions, misdemeanors, gross misdemeanors and felonies.  Misdemeanors, gross misdemeanors and felonies are criminal offenses that may involve imprisonment. Civil offenses involve no imprisonment, but may involve monetary penalties and orders requiring or prohibiting certain actions by the offender.  Several years ago, the legislature decriminalized many former traffic crimes by making them "infractions."  Traffic infractions themselves involve only civil penalties, but a failure to respond, e.g. pay the penalty, becomes a crime.

SUMMARY:

Four natural resource agencies -- the Parks and Recreation Commission and the Departments of Game, Fisheries, and Natural Resources -- may, by rule, determine that violations of rules administered under their authority represent infractions rather than criminal violations.

Administrative procedures are established.  When an individual is issued an infraction, he or she may:  1) pay the monetary penalty established, 2) request a hearing to explain any mitigating circumstances, or 3) request a hearing to contest the notice of infraction.  Failure to sign the infraction notice, or to appear at either the hearing to explain mitigating circumstances or to contest the infraction, is a misdemeanor.

At a hearing to contest an infraction, the state must prove by a preponderance of the evidence that the infraction was committed.  The decision of a contested infraction may be appealed.  Monetary penalties may not exceed $500.  No jail sentences may be imposed.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    47     0(Senate amended)

      Senate    45     0(Senate receded)

EFFECTIVE:January 1, 1988