5310-S.SL

CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5310

Chapter 266, Laws of 1993

53rd Legislature

1993 Regular Session

TRESPASS OR WASTE ON PUBLIC LANDS‑-LIABILITY AND DAMAGES FOR

EFFECTIVE DATE: 7/25/93

Passed by the Senate March 17, 1993

YEAS 40 NAYS 9

JOEL PRITCHARD

President of the Senate

Passed by the House April 14, 1993

YEAS 98 NAYS 0

CERTIFICATE

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5310 as passed by the Senate and the House of Representatives on the dates hereon set forth.

BRIAN EBERSOLE

Speaker of the

House of Representatives

MARTY BROWN

Secretary

Approved May 7, 1993

FILED

May 7, 1993 - 11:51 a.m.

MIKE LOWRY

Governor of the State of Washington

Secretary of State

State of Washington

S-1328.1 _______________________________________________

SUBSTITUTE SENATE BILL 5310

_______________________________________________

Passed Legislature - 1993 Regular Session

State of Washington 53rd Legislature 1993 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senator Owen)

Read first time 02/23/93.

AN ACT Relating to trespass or waste of public lands; and amending RCW 79.01.760.

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

Sec. 1. RCW 79.01.760 and 1927 c 255 s 200 are each amended to read as follows:

((~~The commissioner of public lands~~)) (1) Every person who, without authorization, uses or occupies public lands, removes anything of value from public lands, or causes waste or damage to public lands, is liable to the state for treble the amount of the damages. However, liability shall be for single damages if the department of natural resources determines, or the person proves upon trial, that the person, at time of the unauthorized act or acts, did not know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but are not limited to, the market value of the use, occupancy, or things removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the state for its reasonable costs, including but not limited to, its administrative costs, survey costs to the extent they are not included in damages awarded for restoration costs, and its reasonable attorneys' fees and other legal costs.

(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, or 79.40.070.

(3) The department of natural resources is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of, the same, to be commenced as is provided by law.