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                                         SUBSTITUTE SENATE BILL NO. 6195

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                                                            AS AMENDED BY THE HOUSE

                                                                            C 224 L 88

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Vognild, Metcalf, Rasmussen, Conner, DeJarnatt, Deccio, Garrett, Madsen, Hansen and Halsan)

Read first time 1/28/88.

AN ACT Relating to hindering logging activities; adding new sections to chapter 9.91 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.91 RCW to read as follows:

          (1) Any person who maliciously drives or places in any tree, forest material, forest debris, or other wood material any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood processing or manufacturing equipment, for the purpose of hindering logging or timber harvesting activities, is guilty of a class C felony under chapter 9A.20 RCW.

          (2) Any person who, with the intent to use it in a violation of subsection (1) of this section, possesses any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood processing or manufacturing equipment is guilty of a gross misdemeanor under chapter 9A.20 RCW.

          (3) As used in this section the terms "forest debris" and "forest material" have the same meanings as under RCW 76.04.005.

NEW SECTION. Sec. 2.     Any person who is damaged by any act prohibited in section 1 of this act may bring a civil action to recover damages sustained, including a reasonable attorney's fee.  A party seeking civil damages under this section may recover upon proof of a violation of the provisions of section 1 of this act by a preponderance of the evidence.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                           Passed the Senate March 7, 1988.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House March 4, 1988.

                                                                                                                                         Speaker of the House.