2351-S AAS 3/4/94 S5710.1
SHB 2351 - S AMD - 000305
By Senators Owen and Oke
ADOPTED 3/4/94
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.36.110 and 1984 c 60 s 6 are each amended to read as follows:
Every person:
(1) Except boom
companies ((and log patrol companies)) organized as corporations for the
purpose of catching or reclaiming and holding or disposing of forest products
for the benefit of the owners, and authorized to do business under the laws of
this state, who has or takes in tow or into custody or possession or under
control, without the authorization of the owner of a registered mark or brand
thereupon, any forest products or booming equipment having thereupon a mark or
brand registered as required by the terms of this chapter, or, with or without
such authorization, any forest products or booming equipment which may be
branded under the terms of this chapter with a registered mark or brand and
having no registered mark or brand impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner; is guilty of a gross misdemeanor.
Sec. 2. RCW 76.42.020 and 1973 c 136 s 3 are each amended to read as follows:
"Wood debris"
as used in this chapter is wood that is adrift on navigable waters or has been
adrift thereon and stranded on beaches, marshes, or ((navigable [tidal]))
tidal and shorelands and which is not merchantable or economically
salvageable under ((the Log Patrol Act,)) chapter 76.40 RCW.
"Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.
Sec. 3. RCW 76.42.030 and 1973 c 136 s 4 are each amended to read as follows:
The department of
natural resources may by contract, license, or permit, or other arrangements,
cause such wood debris to be removed by ((licensed log patrolmen, other))
private contractors, department of natural resources employees, or by other
public bodies. Nothing contained in this chapter shall prohibit any individual
from using any nonmerchantable wood debris for his own personal use.
Sec. 4. RCW 82.16.010 and 1991 c 272 s 14 are each amended to read as follows:
For the purposes of this chapter, unless otherwise required by the context:
(1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.
(2) "Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.
(3) "Railroad car business" means the business of renting, leasing or operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.
(4) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.
(5) "Light and power business" means the business of operating a plant or system for the generation, production or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.
(6) "Telegraph business" means the business of affording telegraphic communication for hire.
(7) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.
(8) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business), common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That "motor transportation business" shall not mean or include the transportation of logs or other forest products exclusively upon private roads or private highways.
(9) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.
(10) "Public
service business" means any of the businesses defined in subdivisions (1),
(2), (3), (4), (5), (6), (7), (8), and (9) or any business subject to control
by the state, or having the powers of eminent domain and the duties incident
thereto, or any business hereafter declared by the legislature to be of a
public service nature, except telephone business as defined in RCW 82.04.065
and low-level radioactive waste site operating companies as redefined in RCW
81.04.010. It includes, among others, without limiting the scope hereof:
Airplane transportation, boom, dock, ferry, ((log patrol,)) pipe line,
toll bridge, toll logging road, water transportation and wharf businesses.
(11) "Tugboat business" means the business of operating tugboats, towboats, wharf boats or similar vessels in the towing or pushing of vessels, barges or rafts for hire.
(12) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.
(13) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount" and "successor" shall apply equally in the provisions of this chapter.
NEW SECTION. Sec. 5. The department of natural resources shall convene a discussion between persons representative of the various interested parties including, but not limited to, log owners, transportation companies, recreational boaters, property owners, port authorities, local law enforcement agencies, and state agencies charged with the management and protection of aquatic resources to review issues related to stray log recovery.
On or before October 31, 1994, the department of natural resources shall report proposed guidelines for the recovery of adrift stray logs, to provide for the protection of: (1) Life, property, and navigational safety; and (2) the environment and publicly owned aquatic resources.
NEW SECTION. Sec. 6. REPEALER. The following acts or parts of acts are each repealed:
(1) RCW 76.40.010 and 1984 c 60 s 9 & 1957 c 182 s 1;
(2) RCW 76.40.012 and 1984 c 60 s 10, 1955 c 108 s 1, & 1953 c 140 s 2;
(3) RCW 76.40.013 and 1984 c 60 s 11 & 1957 c 182 s 9;
(4) RCW 76.40.020 and 1984 c 60 s 12, 1957 c 182 s 2, 1955 c 27 s 1, 1953 c 140 s 9, & 1947 c 116 s 1;
(5) RCW 76.40.030 and 1984 c 60 s 13, 1979 ex.s. c 67 s 13, 1963 c 12 s 1, 1957 c 182 s 3, 1955 c 108 s 3, 1953 c 140 s 10, & 1947 c 116 s 3;
(6) RCW 76.40.040 and 1984 c 60 s 14, 1957 c 182 s 4, & 1947 c 116 s 5;
(7) RCW 76.40.050 and 1984 c 60 s 15, 1957 c 182 s 5, 1953 c 140 s 11, & 1947 c 116 s 5;
(8) RCW 76.40.060 and 1982 c 35 s 199 & 1947 c 116 s 6;
(9) RCW 76.40.070 and 1984 c 60 s 16, 1957 c 182 s 6, & 1947 c 116 s 8;
(10) RCW 76.40.080 and 1984 c 60 s 17 & 1947 c 116 s 9;
(11) RCW 76.40.090 and 1947 c 116 s 10;
(12) RCW 76.40.100 and 1984 c 60 s 18 & 1947 c 116 s 11;
(13) RCW 76.40.110 and 1957 c 182 s 7, 1953 c 140 s 12, & 1947 c 116 s 12;
(14) RCW 76.40.120 and 1984 c 60 s 19 & 1947 c 116 s 14;
(15) RCW 76.40.130 and 1947 c 116 s 13;
(16) RCW 76.40.135 and 1984 c 60 s 20;
(17) RCW 76.40.140 and 1984 c 60 s 21;
(18) RCW 76.40.145 and 1984 c 60 s 22;
(19) RCW 76.40.900 and 1947 c 116 s 15; and
(20) RCW 76.40.910 and 1947 c 116 s 16."
SHB 2351 - S AMD - 000305
By Senators Owen and Oke
ADOPTED 3/4/94
On page 1, line 1 of the title, after "logs;" strike the remainder of the title and insert "amending RCW 76.36.110, 76.42.020, 76.42.030, and 82.16.010; creating a new section; and repealing RCW 76.40.010, 76.40.012, 76.40.013, 76.40.020, 76.40.030, 76.40.040, 76.40.050, 76.40.060, 76.40.070, 76.40.080, 76.40.090, 76.40.100, 76.40.110, 76.40.120, 76.40.130, 76.40.135, 76.40.140, 76.40.145, 76.40.900, and 76.40.910."
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