HB 1137 -
By Committee on Agriculture & Rural Economic Development
ADOPTED 04/07/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 79.02.300 and 2004 c 199 s 207 are each amended to
read as follows:
(1) Every person who, without authorization, uses or occupies
public lands, removes any valuable material as defined in RCW 79.02.010
from public lands, or causes waste or damage to public lands, or
injures publicly owned personal property or publicly owned improvements
to real property on public lands, is liable to the state for treble the
amount of the damages. However, liability shall be for single damages
if the department determines, or the person proves upon trial, that the
person, at time of the unauthorized act or acts, did not know, or have
reason to know, that he or she lacked authorization. Damages
recoverable under this section include, but are not limited to, the
market value of the use, occupancy, or things removed, had the use,
occupancy, or removal been authorized; and any damages caused by injury
to the land, publicly owned personal property or publicly owned
improvement, including the costs of restoration. In addition, the
person is liable for reimbursing the state for its reasonable
costs((,)) including, but not limited to, its administrative costs,
survey costs to the extent they are not included in damages awarded for
restoration costs, and its reasonable attorneys' fees and other legal
costs.
(2) This section does not apply in any case where liability for
damages is provided under RCW ((64.12.030,)) 4.24.630, 64.12.030, or
79.02.320((, or 79.02.340)).
(3) The department is authorized and directed to investigate all
trespasses and wastes upon, and damages to, public lands of the state,
and to cause prosecutions for, and/is)) provided by law.
Sec. 2 RCW 79.02.310 and 2003 c 53 s 379 are each amended to read
as follows:
Every person who willfully commits any trespass upon any public
lands of the state and cuts down, destroys, or injures any timber, or
any tree, including a Christmas tree as defined in RCW 76.48.020,
standing or growing thereon, or takes, or removes, or causes to be
taken, or removed, therefrom any wood or timber lying thereon, or
maliciously injures or severs anything attached thereto, or the produce
thereof, or digs, quarries, mines, takes or removes therefrom any
earth, soil, stone, mineral, clay, sand, gravel, or any valuable
materials, is guilty of theft under chapter 9A.56 RCW.
Sec. 3 RCW 79.02.320 and 1927 c 255 s 199 are each amended to
read as follows:
Every person who shall cut or remove, or cause to be cut or
removed, any timber growing or being upon any public lands of the
state, including a Christmas tree as defined in RCW 76.48.020, or who
shall manufacture the same into logs, bolts, shingles, lumber or other
articles of use or commerce, unless expressly authorized so to do by a
bill of sale from the state, or by a lease or contract from the state
under which he or she holds possession of such lands, or by ((the))
provisions of law under ((and by virtue of)) which ((such)) the bill of
sale, lease or contract was issued, shall be liable to the state ((in))
for treble the value of the timber or other articles ((so)) cut,
removed, or manufactured, to be recovered in a civil action, and shall
forfeit to the state all interest in ((and to)) any article into which
((said)) the timber is manufactured.
Sec. 4 RCW 64.12.030 and Code 1881 s 602 are each amended to read
as follows:
Whenever any person shall cut down, girdle, or otherwise injure, or
carry off any tree, including a Christmas tree as defined in RCW
76.48.020, timber, or shrub on the land of another person, or on the
street or highway in front of any person's house, ((village, town or))
city or town lot, or cultivated grounds, or on the commons or public
grounds of any ((village, town or)) city or town, or on the street or
highway in front thereof, without lawful authority, in an action by
((such)) the person, ((village, town or)) city, or town against the
person committing ((such)) the trespasses or any of them, ((if)) any
judgment ((be given)) for the plaintiff((, it)) shall be ((given)) for
treble the amount of damages claimed or assessed ((therefor, as the
case may be)).
NEW SECTION. Sec. 5 The following acts or parts of acts are each
repealed:
(1) RCW 79.02.340 (Removal of Christmas trees -- Compensation) and
2004 c 199 s 208, 2003 c 334 s 504, 1988 c 128 s 66, 1955 c 225 s 1, &
1937 c 87 s 1; and
(2) RCW 79.02.350 (Intent of RCW 79.02.340) and 2003 c 334 s 505 &
1937 c 87 s 2."
HB 1137 -
By Committee on Agriculture & Rural Economic Development
ADOPTED 04/07/2009
On page 1, line 2 of the title, after "trees;" strike the remainder of the title and insert "amending RCW 79.02.300, 79.02.310, 79.02.320, and 64.12.030; and repealing RCW 79.02.340 and 79.02.350."