SSB 5315 -
By Committee on Agriculture & Natural Resources
ADOPTED AS AMENDED 04/05/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 36.28A
RCW to read as follows:
(1) The Washington association of sheriffs and police chiefs shall
convene a model policy work group to develop a model policy for
sheriffs regarding residents, landowners, and others in lawful
possession and control of land in the state during a forest fire or
wildfire. The model policy must be designed in a way that, first and
foremost, protects life and safety during a forest fire or wildfire.
The model policy must include guidance on allowing access, when safe
and appropriate, to residents, landowners, and others in lawful
possession and control of land in the state during a wildfire or forest
fire. The model policy must specifically address procedures to allow,
when safe and appropriate, residents, landowners, and others in lawful
possession and control of land in the state access to their residences
and land to:
(a) Conduct fire prevention or suppression activities;
(b) Protect or retrieve any property located in their residences or
on their land, including equipment, livestock, or any other belongings;
or
(c) Undertake activities under both (a) and (b) of this subsection.
(2) In developing the policy under subsection (1) of this section,
the association shall consult with appropriate stakeholders and
government agencies.
NEW SECTION. Sec. 2 A new section is added to chapter 47.48 RCW
to read as follows:
(1) Each county sheriff shall, until a model policy pursuant to
section 1 of this act is developed and implemented in the sheriff's
county, establish and maintain a registry of persons authorized to
access their land during a forest or wildfire. Upon request, the
sheriff must include in the registry persons who demonstrate ownership
of agriculture land or forest land within the county and who possess
equipment that may be used for fire prevention or suppression
activities. Persons included in the registry must be allowed to access
their property to conduct fire prevention or suppression activities
despite the closure of any state highway, county road, or city street
under this chapter.
(2)(a) Residents, landowners, and others in lawful possession and
control of land in the state are not liable for unintentional injuries
or loss suffered by persons entering upon, or passing through, their
land pursuant to this section.
(b) Federal, state, and local agencies, and their employees, are
not liable for any action, or failure to act, when facilitating the
access described in this section.
Sec. 3 RCW 47.48.040 and 1977 ex.s. c 216 s 3 are each amended to
read as follows:
Except as provided under section 2 of this act, when any state
highway, county road, or city street or portion thereof shall have been
closed, or when the maximum speed limit thereon shall have been
reduced, for all vehicles or any class of vehicles, as by law provided,
any person, firm, or corporation disregarding such closing or reduced
speed limit shall be guilty of a misdemeanor, and shall in addition to
any penalty for violation of the provisions of this section, be liable
in any civil action instituted in the name of the state of Washington
or the county or city or town having jurisdiction for any damages
occasioned to such state highway, county road, or city street, as the
case may be, as the result of disregarding such closing or reduced
speed limit."
Correct the title.
EFFECT: Requires each county sheriff to establish and maintain a registry of persons authorized to access their land during a forest fire or wildfire. Removes the null and void clause, allowing for the implementation of the bill without appropriated funding.