BILL REQ. #:  H-0902.1 

Read first time 01/24/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to specialized forest products; amending RCW 76.48.010, 76.48.020, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.080, 76.48.085, 76.48.096, 76.48.098, 76.48.110, 76.48.120, and 76.48.140; adding a new section to chapter 76.48 RCW; and repealing RCW 76.48.094.

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

Sec. 1   RCW 76.48.010 and 1967 ex.s. c 47 s 2 are each amended to read as follows:
     It is in the public interest of this state to protect a great natural resource, to protect the natural environment, to regulate the specialized forest products industry, and to provide a high degree of protection to the landowners of the state of Washington from the theft of specialized forest products.

Sec. 2   RCW 76.48.020 and 2000 c 11 s 18 are each amended to read as follows:
     ((Unless otherwise required by the context, as used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees which contains the information required by RCW 76.48.080, a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.
     (2) "Bill of lading" means a written or printed itemized list or statement of particulars pertinent to the transportation or possession of a specialized forest product.
     (3) "Cascara bark" means the bark of a Cascara tree.
     (((3))) (4) "Cedar processor" means any person who purchases, takes, or retains possession of cedar products or cedar salvage for later sale in the same or modified form following removal and delivery from the land where harvested.
     (((4))) (5) "Cedar products" means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length.
     (((5))) (6) "Cedar salvage" means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government.
     (((6))) (7) "Christmas trees" means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species.
     (((7))) (8) "Cut or picked evergreen foliage," commonly known as brush, means evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses, bear grass, scotch broom (Cytisus scoparius), and other cut or picked evergreen products. "Cut or picked evergreen foliage" does not mean cones, berries, any foliage that does not remain green year-round, or seeds.
     (((8))) (9) "First specialized forest products buyer" means the first person that receives any specialized forest product after it leaves the harvest site.
     (10) "Harvest" means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection or contact with the land or vegetation upon which it is or was growing or (b) from the position in which it is lying upon the land.
     (((9))) (11) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.
     (((10))) (12) "Landowner" means, with regard to real property, the private owner, the state of Washington or any political subdivision, the federal government, or a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at a public or private timber sale.
     (((11))) (13) "Native ornamental trees and shrubs" means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.
     (((12))) (14) "Permit area" means a designated tract of land that may contain single or multiple harvest sites.
     (((13))) (15) "Person" includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.
     (((14))) (16) "Processed cedar products" means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, rails, or rounds less than one foot in length.
     (((15))) (17) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff's office or an agent of the office.
     (((16))) (18) "Specialized forest products" means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark.
     (((17))) (19) "Specialized forest products permit" means a printed document in a form ((specified)) printed by the department of natural resources, or true copy thereof, that is signed by a landowner or his or her authorized agent or representative, referred to in this chapter as "permittors" and validated by the county sheriff and authorizes a designated person, referred to in this chapter as "permittee," who has also signed the permit, to harvest and transport a designated specialized forest product from land owned or controlled and specified by the permittor and that is located in the county where the permit is issued.
     (((18))) (20)(a) "Specialty wood" means wood:
     (i) That is from the species western red cedar, Englemann spruce, Sitka spruce, big leaf maple, or western red alder;
     (ii) That is without knots in a portion of the surface area that is equal to or greater than twenty-one inches long and seven and a quarter inches wide when measured from the outer surface toward the center; or
     (iii) That is used for the purposes of making musical instruments or ornamental boxes.
     (b) Specialty wood is considered harvested for commercial purposes when chunks, slabs, stumps, or logs are harvested or transported from areas not associated with the concurrent logging of timber under either a forest practices application approved by the department of natural resources under chapter 76.09 RCW, or under a contract or permit issued by an agency of the United States.
     (21) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site by any means.
     (((19))) (22) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee's copy of the specialized forest products permit. A copy is made true by ((the permittee or)) the permittee and permittor signing in original ink in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the ((permittee)) permittor or the permittee and permittor specify an earlier date. A ((permittor may require)) true copy requires the actual original signatures of both the permittee and permittor for execution of a true copy ((by so indicating in the space provided on the original copy of the specialized forest products permit)). A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof.
     (((20))) (23) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means.

Sec. 3   RCW 76.48.050 and 1995 c 366 s 4 are each amended to read as follows:
     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 issuance of 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) The date of its execution and expiration;
     (2) The name, address, telephone number, if any, and signature of the permittor;
     (3) The name, address, telephone number, if any, and signature of the permittee;
     (4) The type of specialized forest products to be harvested or transported;
     (5) The approximate amount or volume of specialized forest products to be harvested or transported;
     (6) 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) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
     (8) ((The number from some type of)) A copy of a map or aerial photograph, with defined permitted boundaries, included as an attachment to the permit;
     (9) A copy of a valid picture identification; and
     (((9))) (10) Any other condition or limitation which the permittor may specify.
     Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the permittee and the permittee's agents and be 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.

Sec. 4   RCW 76.48.060 and 1995 c 366 s 5 are each amended to read as follows:
     (1) A specialized forest products permit validated by the county sheriff shall be obtained by a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than ((three)) five United States gallons of ((a single species of)) wild edible mushrooms ((and more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom)).
     (2) Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a permittee harvests specialized forest products. A properly completed permit form shall be ((mailed or)) presented for validation to the sheriff of the county in which the specialized forest products are to be harvested.
     (3) Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person ((mailing or)) presenting the permit form and the sheriff may conduct other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of the information, the form shall be validated with the sheriff's validation stamp.
     (4) Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession, or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the permit.
     (5) In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county.
     (6) While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit.

Sec. 5   RCW 76.48.070 and 1995 c 366 s 6 are each amended to read as follows:
     (1) Except as provided in RCW 76.48.100 and 76.48.075, it is unlawful for any person (a) to possess, (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than ((three)) five gallons of ((a single species of)) wild edible mushrooms ((and more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom)) without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported.
     (2) It is unlawful for any person either (a) to possess, (b) to transport, or (c) to possess and transport within the state of Washington any cedar products, specialty wood, or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported. The specialized forest products permit or true copy are valid to possess, transport, or possess and transport the cedar product, specialty wood, or cedar salvage from the harvest site to the first cedar processor or specialized forest products buyer.

Sec. 6   RCW 76.48.075 and 1995 c 366 s 7 are each amended to read as follows:
     (1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person's own property, without: (a) First acquiring and having readily available for inspection a document indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section.
     (2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request.
     (3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter.
     (4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state.
     (5) A cedar or specialty wood processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other governmental document indicating the true origin of the specialized forest products as being outside the state. The cedar or specialty wood processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW ((76.48.094)) 76.48.085.
     (6) If, under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined.

Sec. 7   RCW 76.48.080 and 1979 ex.s. c 94 s 7 are each amended to read as follows:
     (1) The ((authorization, sales invoice, or)) bill of lading must accompany all specialized forest products after it is received by the first cedar processor or specialized forest products buyer. The bill of lading must include the information required by RCW 76.48.070 and shall specify:
     (((1) The date of its execution.
     (2) The number and type of products sold or being transported.
     (3) The name and address of the owner, vendor, or donor of the specialized forest products.
     (4) The name and address of the vendee, donee, or receiver of the specialized forest products.
     (5) The location of origin of the specialized forest products.))
     (a) The date of transportation;
     (b) The name and address of the first cedar processor or first specialized forest products buyer who recorded the specialized forest products information;
     (c) The name and address from where the specialized forest product is being transported;
     (d) The name of the person receiving the specialized forest products;
     (e) The address to where the specialized forest product is being transported;
     (f) The name of the driver;
     (g) The vehicle license number;
     (h) The type of product being shipped; and
     (i) The amount of product being shipped.
     (2) A bill of lading is not required following a retail sale.

Sec. 8   RCW 76.48.085 and 2000 c 11 s 19 are each amended to read as follows:
     ((Buyers who purchase)) The first specialized forest products buyer or processor who purchases, takes, or retains possession of specialized forest products are required to record (1) the permit number or the information provided for in RCW 76.48.075(5); (2) the type of forest product purchased; (3) the permit holder's name; ((and)) (4) the amount of forest product purchased; (5) the date of delivery; (6) the type of forest product purchased; (7) the license plate number of the vehicle transporting the forest product; and (8) the name of the driver. The first specialized forest products buyer or processor shall keep a record of this information for a period of one year from the date of purchase and must make the records available for inspection upon demand 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.)) The first specialized forest products buyer or processor who purchases, takes, or retains possession of specialized forest products must have a bill of lading and must keep the bill of lading for a period of one year from the date of purchase and must make the bill of lading available for inspection upon demand by authorized enforcement officials. This section shall not apply to transactions involving Christmas trees.
      This section shall not apply to buyers of specialized forest products at the retail sales level.

Sec. 9   RCW 76.48.096 and 1995 c 366 s 8 are each amended to read as follows:
     It is unlawful for any ((cedar)) first specialized forest products buyer or processor to purchase, take possession, or retain specialized forest products, including cedar and specialty wood products or cedar salvage subsequent to the harvesting and prior to the retail sale of the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof that appears to be valid, or obtains the information under RCW 76.48.075(5).

Sec. 10   RCW 76.48.098 and 1995 c 366 s 9 are each amended to read as follows:
     Every ((cedar)) specialized forest products buyer or processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue under RCW 82.32.030 at each location where the buyer or processor receives specialized cedar products or cedar salvage.
     Permittees shall sell cedar products, specialized forest products, or speciality wood products or cedar or specialty wood salvage only to ((cedar processors)) a specialized forest products buyer or processor displaying registration certificates which appear to be valid.

Sec. 11   RCW 76.48.110 and 1995 c 366 s 11 are each amended to read as follows:
     (1) Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any equipment, vehicles, tools, paperwork, or specialized forest products found. The law enforcement officer shall provide reasonable protection for the equipment, vehicles, tools, paperwork, or specialized forest products involved during the period of litigation or he or she shall dispose of the equipment, vehicles, tools, paperwork, or specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear.
     (2) Upon any disposition of the case by the court, the court shall make a reasonable effort to return the equipment, vehicles, tools, paperwork, or specialized forest products to its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of the sale to the rightful owner. If for any reason, the proceeds of the sale cannot be disposed of to the rightful owner, the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the equipment, vehicles, tools, paperwork, or specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.

Sec. 12   RCW 76.48.120 and 2003 c 53 s 373 are each amended to read as follows:
     (1) It is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, ((authorization, sales invoice,)) or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen.
     (2) Any person who knowingly or intentionally violates this section is guilty of a class C felony punishable by imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both imprisonment and fine.
     (3) Whenever any law enforcement officer reasonably suspects that a specialized forest products permit, or true copy thereof, ((authorization, sales invoice,)) or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified.

Sec. 13   RCW 76.48.140 and 1977 ex.s. c 147 s 15 are each amended to read as follows:
     All fines collected for violations of any provision of this chapter shall be paid into the general fund of the county treasury of the county in which the violation occurred and distributed equally among the district courts in the county, the county sheriff's office, and the county's general fund.

NEW SECTION.  Sec. 14   A new section is added to chapter 76.48 RCW to read as follows:
     The department of natural resources is the designated agency to develop and print the specialized forest products permit and distribute it to the county sheriffs. In addition, the department of natural resources shall develop educational material and other printed information for law enforcement, forest landowners, and specialized forest products harvesters, buyers, and processors specific to this chapter.

NEW SECTION.  Sec. 15   RCW 76.48.094 (Cedar processors -- Records of purchase, possession or retention of cedar products and salvage) and 1979 ex.s. c 94 s 9 & 1977 ex.s. c 147 s 11 are each repealed.