SENATE BILL REPORT

SSB 6195

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

Senate Hearing Date(s):January 25, 1988; January 26, 1988

Majority Report:  That Substitute Senate Bill No. 6195 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Barr, Benitz, DeJarnatt, Owen, Patterson.

Senate Staff:Kaleen Cottingham (786-7415)

                  March 5, 1988

House Committe on Natural Resources

AS PASSED SENATE, FEBRUARY 9, 1988

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.

Presently 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Art Stearns, Department of Natural Resources; Nels Hansen, WFFA; Bob Dick, WFPA

HOUSE AMENDMENT:

The civil liability for damage caused by maliciously hindering logging is established in its own section, rather than as part of the criminal code.  The civil burden of proof is "by a preponderance of the evidence."