BySenators Shewmake, Kauffman, Kuderer, Lovelett, Nobles, Saldaña, Stanford, and Valdez; by request of Department of Natural Resources

Prefiled 01/05/24.Read first time 01/08/24.Referred to Committee on Agriculture, Water, Natural Resources & Parks.

AN ACT Relating to the authority of the commissioner of public lands to enter into tribal interlocal agreements; and amending RCW 7.84.140 and 43.12.065.

Sec. 1. RCW 7.84.140 and 2011 c 320 s 13 are each amended to read as follows:

(1) The director chosen by the state parks and recreation commission, the commissioner of public lands, and the director of the department of fish and wildlife are each authorized to delegate and accept enforcement authority over natural resource infractions to or from the other agencies through an agreement entered into under the interlocal cooperation act, chapter 39.34 RCW.

(2) The commissioner of public lands is authorized to delegate enforcement authority over natural resource infractions under the interlocal cooperation act, chapter 39.34 RCW, to federally recognized Indian tribes that are state certified under chapter 10.92 RCW.

Sec. 2. RCW 43.12.065 and 2011 c 320 s 16 are each amended to read as follows:

(1) For the promotion of the public safety and the protection of public property, the department of natural resources may, in accordance with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules pertaining to use by the public of state-owned lands and property which are administered by the department.

(2)(a) Except as otherwise provided in this subsection, a violation of any rule adopted under this section is a misdemeanor.

(b) Except as provided in (c) of this subsection, the department may specify by rule, when not inconsistent with applicable statutes, that violation of such a rule is an infraction under chapter 7.84 RCW. However, any violation of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.

(c) Violation of such a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.

(3) The commissioner of public lands and those employees as the commissioner may designate shall be vested with police powers when enforcing:

(c) The general criminal statutes or ordinances of the state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.

(4) The commissioner of public lands may, under the provisions of RCW 7.84.140, enter into an agreement allowing employees of the state parks and recreation commission ((and)), the department of fish and wildlife, and federally recognized Indian tribes to enforce certain civil infractions created under this title.