H-2398.1  _______________________________________________

                 SECOND SUBSTITUTE HOUSE BILL 2004

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Thompson, Fuhrman, Goldsmith, Buck, Elliot, Cairnes and Sheldon)

Read first time 03/06/95.

Taking emergency measures to protect the health of the Loomis state forest.

    AN ACT Relating to necessary emergency measures for the Loomis state forest; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature finds that an emergency forest health situation exists in the Loomis state forest.  Thousands of acres of state trust lands are infested with insects and disease.  If this forest health problem is not addressed, the insect infestation will accelerate, further damaging precious state trust resources and possibly spreading to private lands.  The current fragile state of the diseased trees is also posing a large risk of catastrophic fire in the Loomis forest and the surrounding area.  The legislature finds it necessary to initiate immediate action to rectify this dangerous situation.

NEW SECTION. Sec. 2.  The department of natural resources shall act expediently to resolve the forest health situation in the Loomis state forest and shall maximize income to the trust beneficiaries.

NEW SECTION. Sec. 3.  (1) In an action seeking review under chapter 76.09 RCW from the appeals board of a forest practice that implements the purposes of this act, and as part of that review the appeals board grants a stay of the implementation action, the appeals board shall require the person requesting the stay to provide security to cover the amount of damages potentially resulting from the stay, but in no case shall the security be less than one hundred thousand dollars.

    (2)  In any judicial review of a decision under chapter 76.09 RCW of the appeals board involving a forest practice that implements the purposes of this act, and as part of that review the court grants a stay of the implementation action, the court shall require the person requesting the stay to provide security to cover the amount of damages potentially resulting from the stay, but in no case shall the security be less than one hundred thousand dollars.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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