FINAL BILL REPORT

SSB 6195

                                  C 224 L 88

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Vognild, Metcalf, Rasmussen, Conner, DeJarnatt, Deccio, Garrett, Madsen, Hansen and Halsan)

Establishing civil and criminal liability for hindering logging activities.

Senate Committee on Environment & Natural Resources

House Committe on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

Over the past several years, incidences of organized opposition to logging have thwarted loggers' abilities to cut and transport timber from the woods to the mills or off-loading facilities.  Some of the incidences involve threats to spike trees with nails which then pose a danger for chainsaw users.

The only recourse has been an action in trespass if such action occurs on private land.  This is difficult to prove.  Also, many of these activities occur on public lands.

SUMMARY:

Any person who maliciously places any item into a tree or wood material in order to hinder logging shall be guilty of a class C felony.  Possession of the materials with intent to use to hinder logging shall result in a gross misdemeanor.

In addition to criminal penalties, such person shall be liable for property damage or personal injury caused by the action.  The civil burden of proof is by a "preponderance of the evidence."

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 96   0 (House amended)

      Senate    48     0 (Senate concurred)

EFFECTIVE:March 23, 1988