SENATE BILL REPORT

SB 5148

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.

As of January 22, 2019

Title: An act relating to visible clothing requirements for hunting.

Brief Description: Concerning visible clothing requirements for hunting.

Sponsors: Senators Wilson, L., Becker, Fortunato, Palumbo, Short, Takko, Wagoner and Warnick.

Brief History:

Committee Activity: Agriculture, Water, Natural Resources & Parks: 1/24/19.

Brief Summary of Bill

  • Requires the Fish and Wildlife Commission to adopt rules determining the times and manner when a person hunting must wear fluorescent orange or fluorescent pink clothing.

SENATE COMMITTEE ON AGRICULTURE, WATER, NATURAL RESOURCES & PARKS

Staff: Karen Epps (786-7424)

Background: Currently, a minimum of 400 square inches of fluorescent hunter orange exterior clothing is required by rule, under certain conditions, when a person is hunting. Fluorescent orange must be worn above the waist and be visible from all sides. These conditions include:

  1. Anyone hunting deer or elk during any modern firearm deer or elk general season is required to wear fluorescent hunter orange clothing. All modern firearm permit holders must wear fluorescent hunter orange clothing. This includes archers and muzzleloaders while hunting in game management units that overlap modern firearm seasons.

  2. Anyone hunting in an area that is open for modern firearm deer or elk hunting must meet hunter orange requirements if they are hunting bear, bobcat, cougar, coyote, deer, elk, fox, grouse, hare, rabbit, or raccoon.

  3. During any upland game bird season, anyone hunting upland game birds or rabbits with a modern firearm is required to wear fluorescent hunter orange.

Failure to comply with the fluorescent orange clothing requirements may result in a natural resources infraction. A natural resources infraction is a civil penalty for violations of certain statutes relating to natural resources. The exact monetary penalty for a natural resource infraction is set by the Supreme Court; however, the Legislature has limited the fine to no less than $10 and no more than $500.

Summary of Bill: The commission must adopt rules determining that while a person is hunting, they are required to wear fluorescent orange or fluorescent pink clothing that is a minimum of 400 square inches, located on their exterior, above their waist, and visible from all sides. Failure to wear fluorescent orange or fluorescent pink clothing that meets these requirements may result in an infraction.

Appropriation: None.

Fiscal Note: Requested on January 15, 2019.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.