BP BHEAD INT S [atlas:bill]

AN ACT Relating to specialized forest products; amending RCW 76.48.050 and 76.48.085; adding new sections to chapter 76.48 RCW; and prescribing penalties.

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

Sec. 1. RCW 76.48.050 and 1995 c 366 s 4 are each amended to read as follows:

(1) Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:

((~~(1)~~)) (a) The date of its execution and expiration;

((~~(2)~~)) (b) The name, address, telephone number, if any, and signature of the permittor;

((~~(3)~~)) (c) The name, address, telephone number, if any, and signature of the permittee;

((~~(4)~~)) (d) The type of specialized forest products to be harvested or transported;

((~~(5)~~)) (e) The approximate amount or volume of specialized forest products to be harvested or transported;

((~~(6)~~)) (f) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington;

((~~(7)~~)) (g) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;

((~~(8)~~)) (h) The number from some type of valid picture identification; and

((~~(9)~~)) (i) Any other condition or limitation which the permittor may specify.

(2) Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the permittee and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site.

(3) The holder of a permit must also obtain a specialized forest products buyers license.

Sec. 2. RCW 76.48.085 and 1995 c 366 s 14 are each amended to read as follows:

Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holder's name; and (4) the amount of forest product purchased. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials.

The buyer of specialized forest products must record the license plate number of the vehicle transporting the forest products on the bill of sale, as well as the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.

((~~The [This]~~)) This section shall not apply to buyers of specialized forest products at the retail sales level.

Buyers who purchase specialized forest products are required to obtain a specialized forest products buyers license. The department of licensing shall issue the license. The fee for the license is five hundred dollars. The department of licensing may retain an amount of the fee equal to the department's cost for the administration and distribution of the license. The remainder of the fee must be deposited in the specialized forest products enforcement account created in section 5 of this act.

Buyers of specialized forest products must obtain a performance bond valued at not less than one hundred thousand dollars.

A violation of this section is a misdemeanor.

NEW SECTION. Sec. 3. A new section is added to chapter 76.48 RCW to read as follows:

A person who harvests specialized forest products must obtain a specialized forest products harvest license from the department of licensing. The fee for the specialized forest products harvest license is one hundred dollars. The department of licensing may deduct its costs for the production of the license from the one hundred dollar fee, and the remainder of the fee must be deposited in the specialized forest products enforcement account created in section 5 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 76.48 RCW to read as follows:

The department of natural resources is authorized to provide grants to county sheriffs to hire enforcement personnel whose sole duty is to exclusively enforce this chapter. Moneys for the grants shall be appropriated by the legislature from the specialized forest products enforcement account, created in section 5 of this act. County sheriffs are encouraged to contract with state agencies and tribes for enforcement on lands that the agencies or tribes manage.

NEW SECTION. Sec. 5. A new section is added to chapter 76.48 RCW to read as follows:

The specialized forest products enforcement account is created in the state treasury. All receipts from fees collected under RCW 76.48.050 and 76.48.085 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of section 4 of this act, and to repay the initial loan, plus interest, from the forest development account as specified in section 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 76.48 RCW to read as follows:

The state treasurer is authorized and required to transfer as a loan three hundred thousand dollars from the forest development account, created in RCW 76.12.110, to the specialized forest products enforcement account, created in section 5 of this act, in order to provide initial funding for the enforcement grant program created in section 4 of this act. The treasurer must repay the loan to the forest development account, plus interest, from the specialized forest products enforcement account. The loan must be repaid within ten years from the effective date of this section.