ESSB 5186 -
By Representative Appleton
FAILED 04/06/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 79A.45
RCW to read as follows:
A person commits a class 1 civil infraction, as provided in RCW
7.80.120, if the person knowingly skis in an area or on a ski trail,
owned or controlled by a ski area operator, that is closed to the
public and that has signs posted indicating the closure.
Sec. 2 RCW 7.80.120 and 2003 c 365 s 3 and 2003 c 337 s 4 are
each reenacted and amended to read as follows:
(1) A person found to have committed a civil infraction shall be
assessed a monetary penalty.
(a) The maximum penalty and the default amount for a class 1 civil
infraction shall be two hundred fifty dollars, not including statutory
assessments, except for an infraction of state law involving
potentially dangerous litter as specified in RCW 70.93.060(4) ((and)),
an infraction of state law involving violent video or computer games
under RCW 9.91.180, and an infraction of state law involving skiing in
an area or on a ski trail closed to the public under section 1 of this
act, in which case the maximum penalty and default amount is five
hundred dollars;
(b) The maximum penalty and the default amount for a class 2 civil
infraction shall be one hundred twenty-five dollars, not including
statutory assessments;
(c) The maximum penalty and the default amount for a class 3 civil
infraction shall be fifty dollars, not including statutory assessments;
and
(d) The maximum penalty and the default amount for a class 4 civil
infraction shall be twenty-five dollars, not including statutory
assessments.
(2) The supreme court shall prescribe by rule the conditions under
which local courts may exercise discretion in assessing fines for civil
infractions.
(3) Whenever a monetary penalty is imposed by a court under this
chapter it is immediately payable. If the person is unable to pay at
that time the court may grant an extension of the period in which the
penalty may be paid. If the penalty is not paid on or before the time
established for payment, the court may proceed to collect the penalty
in the same manner as other civil judgments and may notify the
prosecuting authority of the failure to pay.
(4) The court may also order a person found to have committed a
civil infraction to make restitution."
Correct the title.
EFFECT: Removes the changes made in the underlying bill. Creates a class one civil infraction for knowingly skiing in an area or on a ski trail, owned or controlled by a ski area operator, that is closed to the public and that has signs posted indicating the closure. Provides that the maximum penalty and default amount for this infraction is $500.