HOUSE BILL REPORT

HB 170

BYRepresentatives 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

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (18)

     Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Belcher, Bumgarner, Cole, Fuhrman, Hargrove, Haugen, R. King, Meyers, Sayan, Schmidt, C. Smith, Spanel and S. Wilson.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES FEBRUARY 3, 1987

BACKGROUND:

Violations of laws and regulations in Washington fall into one of four categories:  infractions, misdemeanors, gross misdemeanors, and felonies.  Misdemeanors, gross misdemeanors and felonies are criminal offenses; infractions are civil offenses.  Law enforcement officers may only issue notices of infractions for traffic violations -- all other violations require criminal charges.

SUMMARY:

SUBSTITUTE BILL:  Four natural resource agencies -- the Parks and Recreation Commission, 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/she may (1) pay the monetary penalty established, or (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.

When issued the infraction notice, the person is presumed to have committed the infraction.  At a hearing to contest an infraction, the person is presumed to have not committed the infraction.  A court decision of a contested infraction may be appealed.  Monetary penalties may not exceed $1,000.  No jail sentences may be imposed.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Three misdemeanors were originally changed to infractions.  In the substitute bill, these misdemeanors remain as misdemeanors.  The three cover taking oysters from a state oyster reserve, not having a visible razor clam license, and using another person's license.  The maximum fine for a violation is reduced from $1,000 to $500.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Mike Reed, State Parks; Dave Schultz, Department of Game; Jim McKillop, Department of Fisheries.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Agencies expect this will free officer's time for enforcement of other laws.  They believe it brings the penalty more in line with the less serious nature of some violations.  It avoids criminal citations and makes the process simpler for everyone.

House Committee - Testimony Against: None Presented.