SENATE BILL REPORT

SB 5785

As Reported By Senate Committee On:

Parks, Fish & Wildlife, March 3, 2003

Title: An act relating to the use of a vehicle on a nonhighway road or trail.

Brief Description: Concerning the use of a nonhighway vehicle on certain nonhighway roads or trails that are restricted to pedestrian or animal travel.

Sponsors: Senators Parlette, Doumit, Benton, Mulliken, Schmidt and Honeyford.

Brief History:

Committee Activity: Parks, Fish & Wildlife: 2/24/03, 3/3/03 [DPS].

SENATE COMMITTEE ON PARKS, FISH & WILDLIFE

Majority Report: That Substitute Senate Bill No. 5785 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Esser, Jacobsen, Morton, Spanel and Swecker.

Staff: Genevieve Pisarski (786-7488)

Background: State law governing use of off-road vehicles applies on lands under federal, as well as state, jurisdiction. Existing state law has been interpreted as preempting federal agencies from allowing use of off-road vehicles on some roads that the agencies would otherwise open to off-road vehicles under federal regulations.

Summary of Substitute Bill: Use of off-road vehicles is prohibited on nonhighway roads or on trails that are restricted to pedestrian or animal travel, if the use is in violation of the administering agency's regulations.

Substitute Bill Compared to Original Bill: The substitute bill distinguishes a nonhighway road from a trail restricted to pedestrian or animal travel.

Appropriation: None.

Fiscal Note: Not requested.

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

Testimony For: This clarification of the law will benefit disabled recreationists. Land managers will be able to allow or not allow off-road vehicles, according to the best interests of the area.

Testimony Against: None.

Testified: Senator Parlette, prime sponsor (pro); Tom Baskin, Disabled Sportsmen Assn. (pro); Jim King, Citizens for Parks and Recreation (pro).