BILL REQ. #: H-0036.7
| State of Washington | 61st Legislature | 2009 Regular Session |
Prefiled 12/15/08. Read first time 01/12/09. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to forest products addressed by chapter 76.48 RCW; amending RCW 76.48.010, 76.48.020, 76.48.060, 76.48.080, 76.48.050, 76.48.062, 76.48.094, 76.48.085, 76.48.098, 76.48.030, 76.48.120, 76.48.130, 76.48.140, 76.48.040, 76.48.110, 76.48.100, 76.48.210, 76.48.150, 76.48.200, 76.48.902, and 76.48.910; adding new sections to chapter 76.48 RCW; creating a new section; recodifying RCW 76.48.010, 76.48.020, 76.48.060, 76.48.080, 76.48.050, 76.48.062, 76.48.094, 76.48.085, 76.48.098, 76.48.030, 76.48.120, 76.48.130, 76.48.140, 76.48.040, 76.48.110, 76.48.100, 76.48.210, 76.48.150, 76.48.200, 76.48.900, 76.48.902, and 76.48.910; decodifying RCW 76.48.901; and repealing RCW 76.48.070, 76.48.086, 76.48.096, and 76.48.075.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the
specialized forest products work group created pursuant to section 2,
chapter 392, Laws of 2007 produced a number of consensus
recommendations to the legislature as to how the permitting
requirements of chapter 76.48 RCW can be improved. In making
recommendations, the work group focused on the goals enumerated in RCW
76.48.010 (as recodifed by this act).
(2) It is the intent of the legislature to enact those
recommendations contained in the report submitted to the legislature
from the specialized forest products work group in December 2008 that
require statutory modifications.
(3) It is also the intent of the legislature for the department of
natural resources, along with other state and local agencies, to take
those administrative actions necessary to execute the recommendations
contained in the report that do not require statutory changes. When
taking administrative actions regarding specialized forest products,
those actions should, when appropriate, be conducted consistent with
recommendations contained in the report submitted to the legislature
from the specialized forest products work group.
Sec. 2 RCW 76.48.010 and 1967 ex.s. c 47 s 2 are each amended to
read as follows:
(1) It is in the public interest of this state to protect ((a
great)) an important natural resource and to provide ((a high degree
of)) protection to the landowners of the state of Washington from the
theft of specialized forest products.
(2) To satisfy this public interest, this chapter is intended to:
(a) Provide law enforcement with reasonable tools;
(b) Reasonably protect landowners from theft;
(c) Ensure that requirements are not unduly burdensome to those
harvesting, transporting, possessing, and purchasing specialized forest
products;
(d) Craft requirements that are clear and readily understandable;
and
(e) Establish requirements that are able to be administered and
enforced consistently statewide.
Sec. 3 RCW 76.48.020 and 2008 c 191 s 9 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Artistic cedar product" means a product made from the wood of
a cedar tree, including western red cedar, that is not included in the
definition of "cedar products" and has been carved, turned, or
otherwise manipulated to more than an insignificant degree with the
objective intent to be an artistic expression and that would be or is
recognized by the applicable local market as having an economic value
greater than the value of the raw materials used. Examples of artistic
cedar products include, but are not limited to:
(a) Chainsaw carvings;
(b) Hand carvings;
(c) Decorative bowls and boxes.
(2) "Authorization" means a properly completed preprinted form
authorizing the transportation or possession of Christmas trees ((which
contains the information required by)) prepared consistent with 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))
(as recodified by this act).
(((2))) (3) "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 prepared consistent with RCW
76.48.080 (as recodified by this act).
(((3))) (4) "Cascara bark" means the bark of a Cascara tree.
(((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.))
(5) (("Cedar products" means cedar shakeboards, shake and shingle
bolts, and rounds one to three feet in length.)) (a) "Cedar products" means the following if made from the
wood of a cedar tree, including western red cedar:
(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.
(i) Shake and shingle bolts;
(ii) Fence posts and fence rails;
(iii) Logs not covered by a valid approved forest practices
application or notification under chapter 76.09 RCW; and
(iv) Other pieces measuring fifteen inches or longer.
(b) "Cedar products" does not include those materials identified in
the definition of "processed cedar products" or "artistic cedar
products."
(((7))) (6) "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)) including fir, pine, spruce, cedar, and
other coniferous species commonly known as Christmas trees. The
definition of Christmas trees includes trees with or without the roots
intact and the tops of the trees. The definition of Christmas trees
does not include trees without limbs or branches.
(((8))) (7) "Cut or picked evergreen foliage((," commonly known as
brush,)) " means evergreen boughs, huckleberry foliage, 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)) include cones, berries, any
foliage that does not remain green year-round, ((or)) seeds, or any
plant listed on the state noxious weed list under RCW 17.10.080.
(((9))) (8) "Department" means the department of natural resources.
(9) "First specialized forest products buyer" means the first
person that receives any specialized forest products after they leave
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)). "Harvest"
includes both removing a specialized forest product from its original
physical connection with the land and collecting a specialized forest
product that has been previously separated from the land.
(((10))) (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.
(((11))) (12) "Huckleberry" means the following species of edible
berries, if they are not nursery grown: Big huckleberry (Vaccinium
membranaceum), Cascade blueberry (Vaccinium deliciosum), evergreen
huckleberry (Vaccinium ovatum), red huckleberry (Vaccinium
parvifolium), globe huckleberry (Vaccinium globulare), oval-leaf
huckleberry (Vaccinium ovalifolium), Alaska huckleberry (Vaccinium
alaskaense), dwarf huckleberry (Vaccinium caespitosum), western
huckleberry (Vaccinium occidentale), bog blueberry (Vaccinium
uliginosum), dwarf bilberry (Vaccinium myrtillus), and grouse
whortleberry (Vaccinium scoparium).
(((12))) (13) "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 the specialized forest products of the
property. "Landowner" does not include the purchaser or successful
high bidder at a public or private timber sale.
(((13))) (14) "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.
(((14) "Permit area" means a designated tract of land that may
contain single or multiple harvest sites)) (15) "Permittee" means a
person who is authorized by a permit issued consistent with this
chapter to harvest, possess, and transport specialized forest products
or to sell huckleberries.
(((15))) (16) "Permittor" means the landowner of the land from
where specialized forest products were, or are planned to be, harvested
under a permit issued consistent with this chapter.
(17) "Person" includes the plural and all corporations, foreign or
domestic, copartnerships, firms, and associations of persons.
(((16))) (18) "Processed cedar products" means ((cedar shakes,
shingles, fence posts, hop poles, pickets, stakes, rails, or rounds
less than one foot in length)) products made from the wood of a cedar
tree, including western red cedar, that have undergone more than an
insignificant degree of value-added processing and are not included in
the definition of "cedar products." Examples of processed cedar
products include, but are not limited to:
(a) Shakes;
(b) Shingles;
(c) Hop poles;
(d) Pickets; and
(e) Stakes.
(((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.)) (19) "Sales invoice" means a written or printed itemized
list or statement of particulars pertinent to the transportation or
possession of a specialized forest product prepared consistent with RCW
76.48.080 (as recodified by this act).
(18)
(20) "Secondary specialized forest products buyer" means any person
who receives any specialized forest products after the transaction with
the first specialized forest products buyer.
(21) "Specialized forest products" means ((Christmas trees, native
ornamental trees and shrubs, cut or picked evergreen foliage, cedar
products, cedar salvage, processed cedar products, specialty wood, wild
edible mushrooms, and Cascara bark)) the following:
(a) Specialty wood;
(b) More than five Christmas trees;
(c) More than five native ornamental trees and shrubs;
(d) More than twenty pounds of cut or picked evergreen foliage;
(e) More than five pounds of Cascara bark; and
(f) More than five United States gallons of wild edible mushrooms.
(((19))) (22) "Specialized forest products permit" or "permit"
means a printed document ((in a form 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 "permitters" 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 permitter and that is located in the county where
the permit is issued, or sell raw or unprocessed huckleberries)) and
all attachments completed in compliance with the requirements of this
chapter and includes both validated permits and verifiable permits.
(((20))) (23) "Specialty wood" means ((wood)):
(a) A cedar product; or
(b) Englemann spruce, Sitka spruce, big leaf maple, or western red
alder that ((is)):
(((a))) (i) Is in logs ((less than eight feet in length)), chunks,
slabs, stumps, or burls; ((and))
(b) One or more of the following:
(i) Of the species western red cedar, Englemann spruce, Sitka
spruce, big leaf maple, or western red alder;
(ii) Is capable of being cut into a segment that is without knots
in a portion of the surface area at least ((twenty-one)) nineteen
inches long and seven and a quarter inches wide when measured from the
outer surface toward the center; ((or))
(iii) Suitable for the purposes of making musical instruments or
ornamental boxes
(iii) Measures:
(A) Nineteen inches or longer;
(B) Greater than one and three-quarter inches thick; and
(C) Seven and one-quarter inches or greater in width; and
(iv) Is being harvested or transported from areas not associated
with the concurrent logging of timber stands:
(A) Under a forest practices application approval or notification
received by the department under chapter 76.09 RCW; or
(B) Under a contract or permit issued by an agency of the United
States government.
(((21) "Specialty wood buyer" means the first person that receives
any specialty wood product after it leaves the harvest site.)) (24) "Specialty wood processor" means any person who
purchases, takes, or retains possession of specialty wood ((
(22)products or
specialty wood salvage)) for later sale in the same or modified form
following removal and delivery from the land where harvested.
(((23))) (25) "Transportation" means the physical conveyance of
specialized forest products outside or off of a harvest site by any
means.
(((24))) (26) "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 permitter signing 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 or the permittee and permitter specify an
earlier date. A permitter may require the actual signatures of both
the permittee and permitter 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 permitter, may condition the use of the true copy to
harvesting only, transportation only, possession only, or any
combination thereof)) as provided in section 6 of this act.
(((25))) (27) "Validated permit" means a permit that is validated
as required under this chapter prior to the harvest, transportation, or
possession of specialized forest products.
(28) "Verifiable permit" means a permit that contains the required
information allowing a law enforcement officer to verify the validity
of the information contained on the permit but that does not require
validation prior to the harvest, transportation, or possession of
specialized forest products.
(29) "Wild edible mushrooms" means edible mushrooms not cultivated
or propagated by ((artificial)) domestic means.
Sec. 4 RCW 76.48.060 and 2008 c 191 s 3 are each amended to read
as follows:
(1) Except as provided in RCW 76.48.100 (as recodified by this
act), a completed specialized forest products permit ((validated by the
county sheriff shall be obtained by a person prior to)) issued under
this chapter is required prior to engaging in the following activities:
(a) Harvesting any specialized forest products 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
five United States gallons of a single species of wild edible mushroom;
or)) land.
(b) Selling, or offering for sale, any amount of raw or unprocessed
huckleberries.
(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 permitters in
reasonable quantities. A permit form shall be completed in triplicate
for each permitter'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 and the sale of
huckleberries, subject to any other conditions or limitations which the
permitter may specify. Two copies of the permit shall be given or
mailed to the permitter, or one copy shall be given or mailed to the
permitter 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.
(b) Possessing or transporting any specialized forest products,
unless the person has in his or her possession either of the following
in lieu of a permit:
(i) A true copy of the permit;
(ii) If the person is transporting the specialized forest product
from a location other than the harvest site or is a first or secondary
specialized forest products buyer, a sales invoice, bill of lading, or,
for the possession and transportation of Christmas trees only, an
authorization if a copy of the authorization has been filed prior to
the harvest of the Christmas trees with the sheriff's office for the
county in which the Christmas trees are to be harvested;
(iii) A bill of lading or documentation issued in or by another
state, a Canadian province, or the federal government indicating the
true origin of the specialized forest products as being outside of
Washington; or
(iv) A copy of a valid approved forest practices application or
notification issued under chapter 76.09 RCW along with the unique
permit or notification identification and load ticket number.
(c) Selling, or offering for sale, any amount of raw or unprocessed
huckleberries, regardless if the huckleberries were harvested with the
consent of the landowner, unless the possessor of the huckleberries
being offered for sale is able to show that the huckleberries
originated on land owned by the United States forest service and
displays a valid permit from the United States forest service that
lawfully entitles the possessor to harvest the huckleberries in
question.
(2)(a) Unless otherwise designated by the permittor as provided in
this subsection, a permit or true copy must be readily available for
inspection at each harvest site.
(b) An individual permit or true copy must be carried and made
readily available for inspection by each individual permittee at a
harvest site if the permittor designated an individual permit or true
copy as an additional condition or limitation specified on the permit
under RCW 76.48.050 (as recodified by this act).
Sec. 5 RCW 76.48.080 and 1979 ex.s. c 94 s 7 are each amended to
read as follows:
((The)) An authorization, sales invoice, or bill of lading
((required by RCW 76.48.070 shall)) must specify the following in order
to satisfy the requirements of this chapter:
(1) The date of ((its execution)) the product's transportation.
(2) The ((number)) amount and type of specialized forest products
((sold or)) being transported.
(3) The name and address of the ((owner, vendor, or donor of the
specialized forest products.))
person receiving the specialized forest products.
(4) The name and address of the vendee, donee, or receiver of the
(((5) The location of origin of the specialized forest products.))
(4) The name and address of the first or secondary specialized forest
products buyer, specialty wood processor, or other person from where
the specialized forest products are being transported.
(5) The name of the driver transporting the specialized forest
products.
(6) The license plate number of the vehicle transporting the
specialized forest product.
NEW SECTION. Sec. 6 A new section is added to chapter 76.48 RCW
to read as follows:
(1) A true copy of a specialized forest products permit is valid
if:
(a) The copy is reproduced by a copy machine capable of effectively
reproducing the permit information required under RCW 76.48.050 (as
recodified by this act); and
(b)(i) The permittee has provided an original signature in the
space provided on the face of the copy.
(ii) An actual signature of the permittor is also required for a
true copy to be valid if the permittor indicates on the space provided
for signatures on the original permit that the actual signature of the
permittor is required for the validation of any copies.
(2) A true copy is effective until the expiration date of the
underlying permit unless an earlier date is provided by the signatories
to the copy.
(3) Either signatory to a permit may condition the use of the true
copy for only harvesting, only possessing, only transporting, or a
combination of harvesting, possessing, and transporting the associated
specialized forest products by indicating the limitations of the true
copy on the permit or the copy.
(4) Any permittee issuing a true copy must record and retain for
one year the following information:
(a) The date the true copy is issued;
(b) The license plate number and make and model of the vehicle to
be used with the true copy;
(c) The name and address of the person receiving the true copy;
(d) The unique number assigned to a valid state identification
document issued to the person; and
(e) The expiration date of the true copy.
NEW SECTION. Sec. 7 A new section is added to chapter 76.48 RCW
to read as follows:
(1)(a) Except for the sale of huckleberries, the permit
requirements of RCW 76.48.060 (as recodified by this act) may be
satisfied with either a validated permit or a verifiable permit. The
decision to use a validated or verifiable permit must be made and
agreed upon jointly by the permittee and the permittor.
(b) For the sale of huckleberries, only a validated permit
satisfies the requirements of RCW 76.48.060 (as recodified by this
act).
(2)(a) Forms for both validated permits and verifiable permits must
be provided by the department and be made available in reasonable
quantities through county sheriff offices and other locations deemed
appropriate by the department.
(b) In designing the forms, the department shall ensure that:
(i) All mandatory requirements of this chapter are satisfied;
(ii) The type of permit is clearly marked on the form;
(iii) Each permit is separately numbered and the issuance of the
permits are by unique numbers; and
(iv) The form is designed in a manner allowing a permittor to
require his or her signature on all true copies as provided in section
6 of this act.
(3) Permit forms must be completed in triplicate for each property
and in each county in which specialized forest products are proposed to
be harvested.
(4)(a) Within five business days after the signature of the
permittor on the form for a verifiable permit, as required in RCW
76.48.050 (as recodified by this act), the original permit form must be
provided by the permittee to the sheriff of the county in which the
specialized forest products are to be harvested. The permittee may
provide the permit form in a manner convenient to the permittee and the
sheriff's office, including in-person presentation or by mail. If
mailed, the permit form must be postmarked within the time window
established under this subsection.
(b) Upon full completion, as provided in RCW 76.48.050 (as
recodified by this act), the permit form for a validated permit must,
except for permits to sell huckleberries, be mailed or presented for
validation to the sheriff of the county in which the specialized forest
products are to be harvested. Validated permits relating to the sale
of huckleberries may be validated by the sheriff of any county in the
state.
(5) Two copies of the permit must be retained by the permittee, of
which one copy must be given or mailed to the permittor by the
permittee. The original permit must be retained in the office of the
county sheriff for the purposes of verifying the permit, if necessary.
(6) All permits expire no later than the end of the calendar year
in which they are issued.
(7) Permits provided under this section are subject to any other
conditions or limitations that the permittor may specify.
(8) Before a permit form is accepted or validated by a sheriff,
sufficient personal identification may be required to reasonably
identify the person mailing or presenting the permit form. The sheriff
may conduct other investigations as deemed necessary to determine the
validity of the information alleged on the form.
(9) In the event a single land ownership is situated in two or more
counties, a permit form must be completed, as provided in this section,
for the portions of the ownership situated in each county.
(10) Permits that are validated by or provided to a sheriff's
office under this section must be maintained by that office for a
length of time determined by the appropriate records retention
schedule.
NEW SECTION. Sec. 8 A new section is added to chapter 76.48 RCW
to read as follows:
(1) Forms for a verifiable permit become valid for the purposes of
RCW 76.48.060 (as recodified by this act) upon the completion of all
information required by RCW 76.48.050 (as recodified by this act).
(2) Forms for a validated permit become valid for the purposes of
RCW 76.48.060 (as recodified by this act) upon the validation of the
form by the appropriate county sheriff.
Sec. 9 RCW 76.48.050 and 2008 c 191 s 2 are each amended to read
as follows:
(1) ((Except as otherwise provided in subsection (3) of this
section,)) A 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 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 permitter)) permit form may not be
validated or accepted for verification by a sheriff unless the permit
satisfies the requirements of this section.
(2) A properly completed ((specialized forest products)) permit
form shall include:
(a) The date of its execution and expiration;
(b) The name, address, up to three telephone numbers, ((if any,))
and signature of the ((permitter)) permittee and permittor;
(c) ((The name, address, telephone number, if any, and signature of
the permittee;)) The type of specialized forest products to be harvested or
transported;
(d)
(((e))) (d) The approximate amount or volume of specialized forest
products to be harvested or transported;
(((f))) (e)(i) For validated permits only, the parcel number or the
legal description of the property from which the specialized forest
products are to be harvested or transported((, including));
(ii) For verifiable permits only:
(A) The parcel number for where the harvesting is to occur, unless
the owner of the parcel actually lives at the parcel and the parcel's
boundaries comprise an area one acre in size or smaller;
(B) The address of the property where the harvesting is to occur if
the owner of the property lives at the parcel and the parcel's
boundaries comprise an area less than one acre;
(C) The name of the county((, or the state or province if outside
the state of Washington)) where the harvesting is to occur; and
(D) An accurate report or statement from the county assessor of the
county where the specialized forest products are to be harvested that
provides clear evidence that the permittor named on the verifiable
permit is the owner of the parcel named on the permit;
(((g))) (f) A description by local landmarks of where the
harvesting is to occur, or from where the specialized forest products
are to be transported;
(((h))) (g) For ((cedar products, cedar salvage, and)) specialty
wood, a copy of a map or aerial photograph, with defined permitted
boundaries, included as an attachment to the permit;
(((i))) (h)(i) For validated permits, a copy of a valid picture
identification of the permittee on the copy of the permit form that is
presented to the sheriff; and
(ii) For verifiable permits, the unique number assigned to a valid
state identification document for both the permittee and permittor; and
(((j))) (i) The details of any other condition or limitation which
the ((permitter)) permittor may specify.
(3) For permits intended to satisfy the requirements of RCW
((76.48.210)) 76.48.060 (as recodified by this act) relating ((only))
to the sale of huckleberries, the ((specialized forest products))
permit:
(a) ((May be obtained from the department of natural resources or
the sheriff of any county in the state;)) Must, in addition to the requirements of subsection (2) of
this section, also contain information relating to where the
huckleberries were, or plan to be, harvested, and the approximate
amount of huckleberries that are going to be offered for sale; and
(b)
(((c))) (b) Must include a statement designed to inform the
possessor that permission from the landowner is still required prior to
the harvesting of huckleberries.
(((4) 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. 10 RCW 76.48.062 and 1995 c 366 s 15 are each amended to
read as follows:
(1) County sheriffs may contract with other entities to serve as
authorized agents to ((validate specialized forest product)) accept and
validate permits under section 7 of this act. ((These)) Entities that
a county sheriff may contract with include the department, the United
States forest service, the bureau of land management((, the department
of natural resources)), local police departments, and other entities as
decided upon by the county sheriffs' departments.
(2) An entity that contracts with a county sheriff to serve as an
authorized agent ((to validate specialized forest product permits))
under this section may make reasonable efforts to verify the
information provided on the permit form such as the ((section,
township, and range)) legal description or parcel number of the area
where harvesting is to occur.
(3) All processes and requirements applicable to county sheriffs
under section 7 of this act also apply to entities contracted under
this section.
Sec. 11 RCW 76.48.094 and 2005 c 401 s 7 are each amended to read
as follows:
(1) ((Cedar or)) It is unlawful for any first or secondary
specialized forest products buyer, or for any other person, to
purchase, take possession of, or retain specialized forest products
subsequent to the harvesting and prior to the retail sale of the
products unless the supplier of the product displays:
(a) An apparently valid permit required by RCW 76.48.060 (as
recodified by this act);
(b) A true copy of an apparently valid permit; or
(c) When applicable:
(i) A bill of lading, authorization, sales invoice, or a
government-issued documentation, prepared consistent with RCW 76.48.060
(as recodified by this act) indicating the true origin of the
specialized forest products as being outside of Washington;
(ii) The identification number of an approved forest practices
application or notification issued under chapter 76.09 RCW and the
applicable load ticket number; or
(iii) A statement claiming the products offered for sale are
otherwise exempt from the permit requirements of this chapter under RCW
76.48.100 (as recodified by this act).
(2) In addition to the requirements of RCW 76.48.085 (as recodified
by this act), specialty wood processors ((shall make and maintain a
record of the purchase, taking possession, or retention of cedar
products, cedar salvage, or specialty wood for at least one year after
the date of receipt. The record must be legible and must be made at
the time each delivery is made.)) are required to ensure that a bill of lading ((
(2) Themust
accompany)), authorization, or sales invoice accompanies all ((cedar
products, cedar salvage, or)) specialty wood ((products after the
products are received by the cedar or specialty wood processor)) upon
the receipt of the specialty wood into or the shipping of the specialty
wood out of the property of the specialty wood processor. ((The bill
of lading must include the specialized forest products permit number or
the information provided for in RCW 76.48.075(5) and must also specify:))
(a) The date of transportation;
(b) The name and address of the first cedar or specialty wood
processor or buyer who recorded the specialized forest products
information;
(c) The name and address from where the cedar or specialty wood
products are being transported;
(d) The name of the person receiving the cedar or specialty wood
products;
(e) The address to where the cedar or specialty wood products are
being transported;
(f) The name of the driver;
(g) The vehicle license number;
(h) The type of cedar or specialty wood product being shipped; and
(i) The amount of cedar or specialty wood product being shipped.
Sec. 12 RCW 76.48.085 and 2008 c 191 s 4 are each amended to read
as follows:
(1) ((Buyers who purchase specialized forest products or
huckleberries)) (a) First and secondary specialized forest products
buyers are required to record:
(((a))) (i) If the person is a first specialized forest product
buyer, the permit number or, if applicable, the identification number
of an approved forest practices application or notification issued
under chapter 76.09 RCW along with the applicable load ticket number if
the seller claims the specialized forest product in question is exempt
from the permit requirements of this chapter due to its concurrent
harvest with timber stands under RCW 76.48.100 (as recodified by this
act);
(((b))) (ii) Whether or not the products were accompanied by a bill
of lading, authorization, or sales invoice;
(iii) The type of specialized forest product purchased, and
((whether)), if applicable, an indication that huckleberries were
purchased;
(((c))) (iv) The ((permit holder's)) name of the seller; ((and)) (v) The amount of specialized forest product or huckleberries
purchased;
(d)
(vi) The date of delivery;
(vii) The name of the person driving the vehicle in which the
specialized forest products were transported to the buyer, as confirmed
by a visual inspection of the applicable driver's license, unless the
buyer has previously recorded the driver's information in an accessible
record; and
(viii) Except for transactions involving Christmas trees, the
license plate number of the vehicle in which the specialized forest
products were transported to the buyer.
(((2) The buyer or processor)) (b) First and secondary specialized
forest products buyers shall keep a record of this information, along
with any accompanying bill of lading, sales invoice, or authorization,
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 authorized under RCW 76.48.040 (as recodified by
this act) to enforce this chapter.
(((3) The buyer of specialized forest products must record the
license plate number of the vehicle transporting the forest products or
huckleberries 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.)) (c) In lieu of a permit number or forest practices
identification and load ticket number, the buyer may, when applicable,
note that the seller claims that the products offered for sale are
exempt from the permit requirements of this chapter under RCW 76.48.100
(as recodified by this act), or were lawfully transported into
Washington from out of state. All other information required by this
section must be recorded.
(4)
(2) This section ((shall)) does not apply to buyers of specialized
forest products at the retail sales level.
(3) Records of buyers of specialized forest products and
huckleberries collected under this section may be made available to
colleges and universities for the purpose of research.
Sec. 13 RCW 76.48.098 and 2005 c 401 s 9 are each amended to read
as follows:
Every ((cedar or)) first or secondary specialized forest products
buyer purchasing specialty wood and specialty wood ((buyer or))
processor shall prominently display a ((valid registration
certificate,)) master license issued by the department of licensing
under RCW 19.02.070 or a copy ((thereof)) of the license((, obtained
from the department of revenue under RCW 82.32.030)) at each location
where the buyer or processor receives ((cedar products, cedar salvage,
or)) specialty wood if the first or secondary specialized forest
products buyer or specialty wood processor is required to possess a
license incorporated into the master license system created in chapter
19.02 RCW.
((Permittees shall sell cedar products, cedar salvage, or specialty
wood products only to cedar or specialty wood processors displaying
registration certificates which appear to be valid.))
Sec. 14 RCW 76.48.030 and 2007 c 392 s 4 are each amended to read
as follows:
It is unlawful for any person to:
(1) ((Harvest)) Sell or attempt to sell huckleberries, or harvest,
possess, or transport specialized forest products ((as described in RCW
76.48.020, in the quantities specified)) in violation of RCW
76.48.060((, without first obtaining a validated specialized forest
products permit)) (as recodified by this act);
(2) Engage in activities or phases of harvesting specialized forest
products not authorized by ((the)) a permit under this chapter;
(3) Harvest specialized forest products in any lesser quantities
than those specified in RCW 76.48.060((, as now or hereafter amended,))
(as recodified by this act) without first obtaining permission from the
landowner or ((his or her duly)) the landowner's authorized agent or
representative; or
(4) Harvest huckleberries in any amount using a rake, mechanical
device, or any other method that damages the huckleberry bush.
Sec. 15 RCW 76.48.120 and 2008 c 191 s 7 are each amended to read
as follows:
(1) It is unlawful for any person, upon official inquiry,
investigation, or other authorized proceedings, to:
(a) Offer as genuine any paper, document, or other instrument in
writing purporting to be a specialized forest products permit, ((or))
true copy ((thereof)) of a permit, authorization, sales invoice, ((or))
bill of lading, or other document required under this chapter; or
(b) To make any representation of authority to possess or conduct
harvesting or transporting of specialized forest products, or to
conduct the sale of huckleberries, ((knowing the same to be)) with
knowledge that the representation of authority is in any manner false,
fraudulent, forged, or stolen.
(2) It is unlawful for any person to produce a document for a first
or secondary specialized forest products buyer purporting to be a true
and genuine permit when delivering or attempting to deliver a
specialized forest product with knowledge that the document is in any
manner false, fraudulent, forged, or stolen.
(3) 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. 16 RCW 76.48.130 and 2007 c 392 s 1 are each amended to read
as follows:
(1) Except as provided in RCW 76.48.120 (as recodified by this
act), a person who violates a provision of this chapter((, other than
the provisions contained in RCW 76.48.120, as now or hereafter
amended,)) is guilty of a gross misdemeanor ((and upon conviction
thereof shall be punished)) punishable by a fine of not more than one
thousand dollars ((or by)), imprisonment in the county jail for a term
not to exceed one year, or by both a fine and imprisonment.
(2) In any prosecution for a violation of this chapter's
requirements to obtain or possess a specialized forest products permit
((or)), true copy ((thereof, an authorization, sales invoice, or)),
bill of lading, authorization, or sales invoice, it is an affirmative
defense, if established by the defendant by a preponderance of the
evidence, that:
(a) The specialized forest products were harvested from the
defendant's own land; or
(b) The specialized forest products were harvested with the
permission of the landowner.
NEW SECTION. Sec. 17 A new section is added to chapter 76.48 RCW
to read as follows:
(1) The court presiding over the conviction of any person for a
violation of RCW 76.48.120 or 76.48.130 (as recodified by this act) who
has been convicted of violating either RCW 76.48.120 or 76.48.130 (as
recodified by this act) at least two other times shall order up to a
three-year suspension of that person's privilege to obtain a
specialized forest products permit under this chapter.
(2) If a court issues a suspension under this section after a
conviction involving the misuse of a permit with a specified permittor,
the legislature requests that the court notify the permittor listed on
the permit of the suspension.
(3) Nothing in this section limits the ability of a court to order
the suspension of any privileges related to specialized forest products
as a condition of probation regardless of whether the person has any
past convictions.
Sec. 18 RCW 76.48.140 and 2005 c 401 s 12 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)) state treasurer. The portion of the
revenue provided to the state treasurer must be distributed to the
specialized forest products outreach and education account created in
section 26 of this act.
Sec. 19 RCW 76.48.040 and 1995 c 366 s 3 are each amended to read
as follows:
((Agencies charged with the enforcement of this chapter shall
include, but not be limited to,)) (1) Primary enforcement
responsibility of this chapter belongs with county sheriffs. However,
other entities that may enforce this chapter include:
(a) The department;
(b) The Washington state patrol((, county sheriffs and their
deputies,));
(c) County or municipal police forces((,));
(d) Authorized personnel of the United States forest service((,));
and
(e) Authorized personnel of the department((s of natural resources
and)) of fish and wildlife. ((Primary enforcement responsibility lies
in the county sheriffs and their deputies.))
(2) The legislature encourages county sheriffs' offices to enter
into interlocal agreements with these other agencies in order to
receive additional assistance with their enforcement responsibilities.
NEW SECTION. Sec. 20 A new section is added to chapter 76.48 RCW
to read as follows:
(1) A law enforcement officer may take into custody and detain for
a reasonable time any specialized forest products, authorizations,
sales invoices, bills of lading, other documents, and vehicles in which
the specialized forest products were transported if, under official
inquiry, investigation, or other authorized proceeding regarding
specialized forest products not covered by a valid permit or other
acceptable document as provided in this chapter, the inspecting law
enforcement officer has probable cause to believe that the specialized
forest products were obtained in violation of this chapter until the
true origin of the specialized forest products can be determined.
(2) A law enforcement officer may retain a specialized forest
products permit, true copy of a permit, authorization, sales invoice,
bill of lading, or other document required under this chapter if the
officer reasonably suspects that the document is forged in violation of
RCW 76.48.120 (as recodified by this act), fraudulent, or stolen, until
the authenticity of the document can be verified.
(3)(a) If no arrest is made at the conclusion of the official
inquiry, investigation, or other authorized proceeding for a violation
of this chapter or another state law, all materials detained under this
section must be returned to the person or persons from whom the
materials were taken.
(b)(i) If an arrest does follow the inquiry, investigation, or
authorized proceeding, and the law enforcement officer has probable
cause to believe that a person is selling or attempting to sell
huckleberries, or is harvesting, in possession of, or transporting
specialized forest products in violation of this chapter, any
specialized forest products or huckleberries found at the time of
arrest may be seized.
(ii) If the specialized forest product triggering the arrest is
specialty wood, the law enforcement officer may also seize any
equipment, vehicles, tools, or paperwork associated with the arrest.
(c) Materials seized under this chapter are subject to the
provisions of RCW 76.48.110 (as recodified by this act).
Sec. 21 RCW 76.48.110 and 2008 c 191 s 6 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, or selling or attempting to
sell huckleberries, 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 specialized forest products or huckleberries found.)) (a) Reasonable protection must be provided for ((
If the specialized forest product is a cedar product, cedar
salvage, or specialty wood, at the time of making an arrest the law
enforcement officer may seize and take possession of any equipment,
vehicles, tools, or paperwork. The law enforcement officer shall
providethe)) any
equipment, vehicles, tools, paperwork, huckleberries, or specialized
forest products ((involved)) seized under section 20 of this act 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)) adjudication unless the court before which the
arrested person is ordered to appear orders the disposal of any or all
of the seized materials.
(b) Given the perishable nature of huckleberries and specialized
forest products, the seizing agency may sell the product at fair market
value and retain all proceeds until a final disposition of the case has
been reached.
(2) Upon any disposition of the case by the court, the court shall:
(a) Make a reasonable effort to return ((the equipment, vehicles,
tools, paperwork, huckleberries, or specialized forest products)) all
materials seized under section 20 of this act to its ((rightful))
lawful owner or owners; or
(b) Order the disposal of or return of any or all materials seized
under this section, including tools, vehicles, equipment, paperwork, or
specialized forest products.
(3) If the court orders the disposal of seized materials, it may:
(a) Pay the proceeds of any sale of seized specialized forest
products or huckleberries, less any reasonable expenses of the sale, to
the ((rightful)) lawful owner; or
(b) Pay the proceeds of any sale of seized tools, equipment, or
vehicles, less any reasonable expenses of the sale or, if applicable,
towards any outstanding court costs, and then to the lawful owner or
owners.
(4) If, for any reason, the proceeds of ((the)) any sale of
materials seized under this section cannot be ((disposed of)) provided
to the ((rightful)) lawful owner, the proceeds of the sale, less
((the)) reasonable expenses ((of)) relating to the sale, shall be paid
to the treasurer of the county in which the violation occurred((. The
county treasurer shall deposit the same in)) for deposit into the
county general fund and for distribution equally among the district
courts in the county, the county sheriff's office, and the state
treasurer. The portion of the revenue provided to the state treasurer
must be distributed to the specialized forest products outreach and
education account created in section 26 of this act.
(5) The owner or owners of materials seized under section 20 of
this act must be offered an opportunity to appeal an order for the
disposal of the seized materials.
(6) The return of ((the equipment, vehicles, tools, paperwork, or
specialized forest products)) materials seized under section 20 of this
act, 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. 22 RCW 76.48.100 and 2005 c 401 s 10 are each amended to
read as follows:
((The provisions of)) Except as otherwise conditioned, this chapter
((do)) does not apply to:
(1) Nursery grown products.
(2) The following products when harvested concurrently with timber
stands under an approved forest practices application or notification
under chapter 76.09 RCW and when the person harvesting is able to
provide a forest practices application or notification identification
and load ticket number, or under a contract or permit issued by an
agency of the United States government:
(a) Logs (((except as included in the definition of "cedar salvage"
under RCW 76.48.020),));
(b) Speciality wood;
(c) Cut or picked evergreen foliage;
(d) Poles((,));
(e) Pilings((,)); or
(f) Other major forest products from which substantially all of the
limbs and branches have been removed((, specialty wood, and cedar
salvage when harvested concurrently with timber stands (a) under an
approved forest practices application or notification, or (b) under a
contract or permit issued by an agency of the United States
government)).
(3) ((The activities of a)) Noncommercial harvest, transportation,
or possession by the landowner, ((his or her)) the landowner's agent((,
or)), representative, ((or of a lessee of land in carrying on
noncommercial property management, maintenance, or improvements on or
in connection with the land of the landowner)) or lessee of specialized
forest products originating from property belonging to the landowner.
(4) Harvest, transportation, or possession of specialized forest
products by:
(a) A governmental entity or the entity's agent for the purposes of
clearing or maintaining the governmental entity's right-of-way or
easement; or
(b) A public or regulated utility or the utility's agent for the
purpose of clearing or maintaining the utility's right-of-way or
easement.
Sec. 23 RCW 76.48.210 and 2008 c 191 s 1 are each amended to read
as follows:
(1) ((Except as otherwise provided in this section, no person may
sell, or attempt to sell, any amount of raw or unprocessed
huckleberries without first obtaining a specialized forest products
permit as provided in RCW 76.48.060, regardless if the huckleberries
were harvested with the consent of the landowner.)) Nothing in ((
(2) If the possessor of the huckleberries being offered for sale is
able to show that the huckleberries originated on land owned by the
United States forest service, then the requirements of this section may
be satisfied with the display of a valid permit from the United States
forest service that lawfully entitles the possessor to harvest the
huckleberries in question.
(3)this section)) RCW 76.48.060 (as recodified by
this act) creates a requirement that a specialized forest products
permit is required for an individual to harvest, possess, or transport
huckleberries.
(((4))) (2) Compliance with ((this section)) RCW 76.48.060 (as
recodified by this act) allows an individual to sell, or offer for
sale, raw or unprocessed huckleberries. Possession of a specialized
forest products permit does not create a right or privilege to harvest
huckleberries. Huckleberries may be harvested only with the permission
of the landowner and under the terms and conditions established between
the landowner and the harvester.
Sec. 24 RCW 76.48.150 and 2005 c 401 s 13 are each amended to
read as follows:
(1) 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)),
including printed information, for law enforcement, forest landowners,
and specialized forest products ((harvesters)) permittees, buyers, and
processors specific to this chapter.
(2) The department is encouraged to foster partnerships with
federal agencies, other state agencies, universities, local
governments, and private interests in order to minimize educational and
outreach expenses.
Sec. 25 RCW 76.48.200 and 2008 c 191 s 8 are each amended to read
as follows:
(1) Minority groups have long been participants in the specialized
forest products and huckleberry harvesting industry. The legislature
encourages agencies serving minority communities, community-based
organizations, refugee centers, social service agencies, agencies and
organizations with expertise in the specialized forest products and
huckleberry harvesting ((industry)) industries, and other interested
groups to work cooperatively to accomplish the following purposes:
(((1))) (a) To provide assistance and make referrals on translation
services and to assist in translating educational materials, laws, and
rules regarding specialized forest products and huckleberries;
(((2))) (b) To hold clinics to teach techniques for effective
picking; and
(((3))) (c) To work with both minority and nonminority permittees
in order to protect resources and foster understanding between minority
and nonminority permittees.
(2) To the extent practicable within their existing resources, the
department, the state commission on ((Asian-American)) Asian Pacific
American affairs created in RCW 43.117.030, and the state commission on
Hispanic affairs created in RCW 43.115.020((, and the department of
natural resources)) are encouraged to coordinate ((this effort))
efforts under this chapter.
NEW SECTION. Sec. 26 A new section is added to chapter 76.48 RCW
to read as follows:
The specialized forest products outreach and education account is
created in the custody of the state treasurer. All receipts from RCW
76.48.140 and 76.48.110 (as recodified by this act), any legislative
appropriations, private donations, or any other private or public
source directed to the account must be deposited in the account.
Expenditures from the account may only be used by the department for
funding activities under RCW 76.48.150 and 76.48.200 (as recodified by
this act). Only the commissioner of public lands or the commissioner's
designee may authorize expenditures from the account. The account is
subject to the allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
Sec. 27 RCW 76.48.902 and 1979 ex.s. c 94 s 17 are each amended
to read as follows:
If any provision of this act or this chapter or its application to
any person or circumstance is held invalid, the remainder of the act or
this chapter or the application of the provision to other persons or
circumstances is not affected.
Sec. 28 RCW 76.48.910 and 1967 ex.s. c 47 s 16 are each amended
to read as follows:
This chapter is not intended to repeal, supersede, or modify any
provision of existing law.
NEW SECTION. Sec. 29 The following sections are codified or
recodified in chapter 76.48 RCW in the following order:
RCW 76.48.010;
RCW 76.48.020;
RCW 76.48.060;
RCW 76.48.080;
Section 6 of this act;
Section 7 of this act;
Section 8 of this act;
RCW 76.48.050;
RCW 76.48.062;
RCW 76.48.094;
RCW 76.48.085;
RCW 76.48.098;
RCW 76.48.030;
RCW 76.48.120;
RCW 76.48.130;
section 17 of this act;
RCW 76.48.140;
RCW 76.48.040;
Section 20 of this act;
RCW 76.48.110;
RCW 76.48.100;
RCW 76.48.210;
RCW 76.48.150;
RCW 76.48.200;
Section 26 of this act;
RCW 76.48.900;
RCW 76.48.902; and
RCW 76.48.910.
NEW SECTION. Sec. 30 The following acts or parts of acts are
each repealed:
(1) RCW 76.48.070 (Transporting or possessing cedar or other
specialized forest products -- Requirements) and 2005 c 401 s 4, 1995 c
366 s 6, 1992 c 184 s 3, 1979 ex.s. c 94 s 6, 1977 ex.s. c 147 s 6, &
1967 ex.s. c 47 s 8;
(2) RCW 76.48.086 (Records of buyers available for research) and
2008 c 191 s 5 & 1995 c 366 s 16;
(3) RCW 76.48.096 (Obtaining products from suppliers not having
specialized forest products permit unlawful) and 2005 c 401 s 8, 1995
c 366 s 8, 1979 ex.s. c 94 s 10, & 1977 ex.s. c 147 s 12; and
(4) RCW 76.48.075 (Specialized forest products from out-of-state)
and 2005 c 401 s 5, 1995 c 366 s 7, & 1979 ex.s. c 94 s 15.
NEW SECTION. Sec. 31 RCW 76.48.901 is decodified.