SENATE BILL REPORT

SHB 170

BYHouse Committee on Natural Resources (originally sponsored by Representatives Meyers, Sutherland, S. Wilson, Haugen, Amondson, Cole, Basich, Belcher, Dellwo, McMullen, Appelwick, Fisch, Heavey, Ballard, Locke, R. King, Jesernig, P. King and Hine)

Permitting violation of rules governing the state's natural resources to be infractions.

House Committe on Natural Resources

Senate Committee on Natural Resources

Senate Hearing Date(s):March 24, 1987

Majority Report:  Do pass.

      Signed by Senators Owen, Chairman; DeJarnatt, Vice Chairman; Craswell, McDonald, Metcalf, Patterson, Peterson, Rasmussen, Stratton.

Senate Staff:Kaleen Cottingham (786-7415)

                  March 24, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, MARCH 24, 1987

BACKGROUND:

Violations of laws and regulations in Washington fall into one of four categories:  infractions, misdemeanors, gross misdemeanors, and felonies.  Misdemeanors, gross misdemeanors and felonies are criminal offenses; infractions are civil offenses.  Law enforcement officers may only issue notices of infractions for traffic violations -- all other violations require criminal charges.

The natural resource agencies have requested that certain minor offenses be decriminalized.  Such an action will allow enforcement officers to spend more time in the field.

SUMMARY:

The four agencies regulating natural resource agencies (Parks and Recreation Commission, and the Departments of Game, Fisheries, and Natural Resources) may, by rule, determine that violations of rules administered under their authority represent infractions rather than criminal violations.

Administrative procedures are established for decriminalizing certain offenses.  The individual issued an infraction may (1) pay the monetary penalty established, (2) request a hearing to explain any mitigating circumstances, or (3) request a hearing to contest the notice of infraction.  Failure to sign the infraction notice or to appear at either the hearing to explain mitigating circumstances or to contest the infraction is a misdemeanor.

When issued the infraction notice, the person is presumed to have committed the infraction.  At a hearing to contest an infraction, the person is presumed to have not committed the infraction.  A court decision of a contested infraction may be appealed.  Monetary penalties may not exceed $500 and shall be set in a schedule prescribed by the Supreme Court.  No jail sentences may be imposed.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Ron Meyers, Mike Reed, State Parks; James McKillop, Department of Fisheries