BILL REQ. #: S-1248.2
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/02/2007. Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to specialized forest products and specialty wood; amending RCW 76.48.010, 76.48.020, 76.48.030, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.094, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, 76.48.150, and 76.48.200; adding new sections to chapter 76.48 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 76.48.010 and 1967 ex.s. c 47 s 2 are each amended to
read as follows:
It is in the public interest of this state to protect a great
natural resource and to provide a high degree of protection to the
landowners of the state of Washington from the theft of specialized
forest products and specialty wood.
Sec. 2 RCW 76.48.020 and 2005 c 401 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Authorization" means a properly completed preprinted form
authorizing the transportation or possession of Christmas trees which
contains the information required by RCW 76.48.080, a sample of which
is filed before the harvesting occurs with the sheriff of the county in
which the harvesting is to occur.
(2) "Bill of lading" means a written or printed itemized list or
statement of particulars pertinent to the transportation or possession
of a specialized forest product.
(3) "Cascara bark" means the bark of a Cascara tree (Rhumnus
purshiana).
(4) "Cedar" means western red cedar (Thuja plicata).
(5) "Cedar processor" means any person who purchases, takes, or
retains possession of cedar products or cedar salvage for later sale in
the same or modified form as processed cedar products following removal
and delivery from the land where harvested.
(((5))) (6) "Cedar products" means cedar shakeboards, shake and
shingle bolts, and rounds one to three feet in length.
(((6))) (7) "Cedar salvage" means cedar chunks, slabs, stumps, and
logs having a volume greater than one cubic foot and being harvested or
transported from areas not associated with the concurrent logging of
timber stands (a) under a forest practices application approved or
notification received by the department of natural resources, or (b)
under a contract or permit issued by an agency of the United States
government. However, the harvest, possession, or transportation of
three or fewer cedar logs, each eight feet or less in length, shall be
considered harvest, possession, or transportation of specialty wood.
(((7))) (8) "Christmas trees" means any evergreen trees or the top
thereof((,)) and of such a height and appearance as to be commonly
known as Christmas trees, with limbs and branches, with or without
roots, including fir, pine, spruce, cedar, and other coniferous
species.
(((8))) (9) "Cut or picked evergreen foliage," commonly known as
brush, means evergreen boughs, huckleberry, salal, fern, Oregon grape,
rhododendron, mosses, and bear grass((, scotch broom (Cytisus
scoparius), and other cut or picked evergreen products)). "Cut or
picked evergreen foliage" does not mean cones, berries, any foliage
that does not remain green year-round, or seeds.
(((9))) (10) "Harvest" means to separate, by cutting, prying,
picking, peeling, breaking, pulling, splitting, or otherwise removing,
a specialized forest product or specialty wood (a) from its physical
connection or contact with the land or vegetation upon which it is or
was growing or (b) from the position in which it is lying upon the
land.
(((10))) (11) "Harvest site" means each location where one or more
persons are engaged in harvesting specialized forest products or
specialty wood close enough to each other that communication can be
conducted with an investigating law enforcement officer in a normal
conversational tone.
(((11))) (12) "Landowner" means, with regard to real property, the
private owner, the state of Washington or any political subdivision,
the federal government, or a person who by deed, contract, or lease has
authority to harvest and sell forest products of the property.
"Landowner" does not include the purchaser or successful high bidder at
a public or private timber sale.
(((12))) (13) "Native ornamental trees and shrubs" means any trees
or shrubs which are not nursery grown and which have been removed from
the ground with the roots intact.
(((13) "Permit area" means a designated tract of land that may
contain single or multiple harvest sites.))
(14) "Person" includes the plural and all corporations, foreign or
domestic, copartnerships, firms, and associations of persons.
(15) "Processed cedar products" means cedar shakes, shingles, fence
posts, hop poles, pickets, stakes, rails, or rounds less than one foot
in length.
(16) "Sheriff" means, for the purpose of validating specialized
forest products permits, the county sheriff, deputy sheriff, or an
authorized employee of the sheriff's office or an agent of the office.
(17) "Specialized forest products" means Christmas trees, native
ornamental trees and shrubs, cut or picked evergreen foliage, cedar
products, cedar salvage, processed cedar products, ((specialty wood,))
wild edible mushrooms, and Cascara bark.
(18) "Specialized forest products permit" means a printed document
in a form printed by the department of natural resources, or true copy
thereof, that is signed by a landowner or his or her authorized agent
or representative, referred to in this chapter as "((permittors))
permitters" and validated by the county sheriff and authorizes a
designated person, referred to in this chapter as "permittee," who has
also signed the permit, to harvest, possess, and transport a designated
specialized forest product from land owned or controlled and specified
by the ((permittor)) permitter and that is located in the county where
the permit is issued.
(19)(a) "Specialty wood" means ((wood that is)):
(((a) In logs less than eight feet in length, chunks, slabs,
stumps, or burls; and))
(b) One or more of the following:
(i) Of the species western red cedar, Englemann spruce, Sitka
spruce, big leaf maple, or western red alder;
(ii) Without knots in a portion of the surface area at least
twenty-one inches long and seven and a quarter inches wide when
measured from the outer surface toward the center; or
(iii) Suitable for the purposes of making musical instruments or
ornamental boxes.
(i) Wood of the species western red cedar, Engelmann spruce (Picea
engelmannii), Sitka spruce (Picea sitchensis), big leaf maple (Acer
macrophyllum), or red alder (Alnus rubra) that is:
(A) In logs less than eight feet in length; or
(B) In slabs at least twenty-one inches long and seven and one-quarter inches wide when measured from the outer surface toward the
center, without knots in a portion of the surface area, and suitable
for the purposes of making musical instruments;
(ii) Cedar or maple burls;
(iii) Cedar stumps; or
(iv) Three or fewer cedar logs, each eight feet or less in length.
(b) "Specialty wood" does not include western red cedar logs,
chunks, or stumps that can be processed into cedar products, which are
subject to the requirements listed in this chapter for the harvest,
possession, and transportation of cedar as specialized forest products.
(20) "Specialty wood buyer" means the first person that receives
any specialty wood product after it leaves the harvest site.
(21) "Specialty wood processor" means any person who purchases,
takes, or retains possession of specialty wood products or specialty
wood salvage for later sale in the same or modified form following
removal and delivery from the land where harvested.
(22) "Transportation" means the physical conveyance of specialized
forest products or specialty wood outside or off of a harvest site by
any means.
(23) "True copy" means a replica of a validated specialized forest
products permit as reproduced by a copy machine capable of effectively
reproducing the information contained on the permittee's copy of the
specialized forest products permit. A copy is made true by the
permittee or the permittee and ((permittor)) permitter signing in the
space provided on the face of the copy. A true copy will be effective
until the expiration date of the specialized forest products permit
unless the permittee or the permittee and ((permittor)) permitter
specify an earlier date. A ((permittor)) permitter may require the
actual signatures of both the permittee and ((permittor)) permitter for
execution of a true copy by so indicating in the space provided on the
original copy of the specialized forest products permit. A permittee,
or, if so indicated, the permittee and ((permittor)) permitter, may
condition the use of the true copy to harvesting only, transportation
only, possession only, or any combination thereof.
(24) "Wild edible mushrooms" means edible mushrooms not cultivated
or propagated by artificial means.
Sec. 3 RCW 76.48.030 and 1995 c 366 s 2 are each amended to read
as follows:
Except as otherwise provided in RCW 76.48.100, it is unlawful for
any person to:
(1) Harvest specialized forest products as described in RCW
76.48.020, in the quantities specified in RCW 76.48.060, without first
obtaining a validated specialized forest products permit;
(2) Engage in activities or phases of harvesting specialized forest
products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser quantities
than those specified in RCW 76.48.060, as now or hereafter amended,
without first obtaining permission from the landowner or ((his or her))
the landowner's duly authorized agent or representative.
Sec. 4 RCW 76.48.050 and 2005 c 401 s 2 are each amended to read
as follows:
Specialized forest products permits shall consist of properly
completed permit forms validated by the sheriff of the county in which
the specialized forest products are to be harvested. Each permit shall
be separately numbered and the issuance of the permits shall be by
consecutive numbers. All specialized forest products permits shall
expire at the end of the calendar year in which issued, or sooner, at
the discretion of the ((permittor)) permitter. A properly completed
specialized forest products permit form shall include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and signature of
the ((permittor)) permitter;
(3) The name, address, telephone number, if any, and signature of
the permittee;
(4) The type of specialized forest products to be harvested or
transported;
(5) The approximate amount or volume of specialized forest products
to be harvested or transported;
(6) The legal description of the property from which the
specialized forest products are to be harvested or transported,
including the name of the county, or the state or province if outside
the state of Washington;
(7) A description by local landmarks of where the harvesting is to
occur, or from where the specialized forest products are to be
transported;
(8) For cedar products((,)) and cedar salvage, ((and specialty
wood,)) a copy of a map or aerial photograph, with defined permitted
boundaries, included as an attachment to the permit;
(9) A copy of a valid picture identification; and
(10) Any other condition or limitation which the ((permittor))
permitter may specify.
Except for the harvesting of Christmas trees, the permit or true
copy thereof must be carried by the permittee and the permittee's
agents and be available for inspection at all times. For the
harvesting of Christmas trees only a single permit or true copy thereof
is necessary to be available at the harvest site.
Sec. 5 RCW 76.48.060 and 2005 c 401 s 3 are each amended to read
as follows:
(1) Except as otherwise provided in RCW 76.48.100, a specialized
forest products permit validated by the county sheriff shall be
obtained by a person prior to harvesting from any lands, including his
or her own, more than five Christmas trees, more than five native
ornamental trees or shrubs, more than five pounds of cut or picked
evergreen foliage, any cedar products, cedar salvage, processed cedar
products, or more than five pounds of Cascara bark, or more than five
United States gallons of a single species of wild edible mushroom.
(2) Specialized forest products permit forms shall be provided by
the department of natural resources, and shall be made available
through the office of the county sheriff to permittees or
((permittors)) permitters in reasonable quantities. A permit form
shall be completed in triplicate for each ((permittor's)) permitter's
property on which a permittee harvests specialized forest products. A
properly completed permit form shall be ((mailed or)) presented for
validation to the sheriff of the county in which the specialized forest
products are to be harvested.
(3) Before a permit form is validated by the sheriff, sufficient
personal identification may be required to reasonably identify the
person ((mailing or)) presenting the permit form ((and the sheriff may
conduct other investigations as deemed necessary to determine the
validity of the information alleged on the form)). When the sheriff is
reasonably satisfied as to the truth of the information, the form shall
be validated with the sheriff's validation stamp.
(4) Upon validation, the form shall become the specialized forest
products permit authorizing the harvesting, possession, or
transportation of specialized forest products, subject to any other
conditions or limitations which the ((permittor)) permitter may
specify. Two copies of the permit shall be given or mailed to the
((permittor)) permitter, or one copy shall be given or mailed to the
((permittor)) permitter and the other copy given or mailed to the
permittee. The original permit shall be retained in the office of the
county sheriff validating the permit.
(5) In the event a single land ownership is situated in two or more
counties, a specialized forest product permit shall be completed as to
the land situated in each county.
(6) While engaged in harvesting of specialized forest products,
permittees, or their agents or employees, must have readily available
at each harvest site a valid permit or true copy of the permit.
Sec. 6 RCW 76.48.070 and 2005 c 401 s 4 are each amended to read
as follows:
(1) Except as provided in RCW 76.48.100 and 76.48.075, it is
unlawful for any person (a) to possess, (b) to transport, or (c) to
possess and transport within the state of Washington, subject to any
other conditions or limitations specified in the specialized forest
products permit by the ((permittor)) permitter, more than five
Christmas trees, more than five native ornamental trees or shrubs, more
than five pounds of cut or picked evergreen foliage, any processed
cedar products, or more than five pounds of Cascara bark, or more than
five gallons of a single species of wild edible mushroom without having
in his or her possession a written authorization, sales invoice, bill
of lading, or specialized forest products permit or a true copy thereof
evidencing his or her title to or authority to have possession of
specialized forest products being so possessed or transported.
(2) Except as otherwise provided in RCW 76.48.100, it is unlawful
for any person either (a) to possess, (b) to transport, or (c) to
possess and transport within the state of Washington any cedar
products((,)) or cedar salvage((, or specialty wood)) without having in
his or her possession a specialized forest products permit or a true
copy thereof evidencing his or her title to or authority to have
possession of the materials being so possessed or transported. The
specialized forest products permit or true copy are ((valid)) required
only to possess, transport, or possess and transport the cedar
products((,)) or cedar salvage((, or specialty wood)) from the harvest
site to the first cedar ((or specialty wood)) processor or buyer. For
purposes of this subsection, a true copy requires the actual signatures
of both the permittee and the ((permittor)) permitter for the execution
of a true copy.
Sec. 7 RCW 76.48.075 and 2005 c 401 s 5 are each amended to read
as follows:
(1) It is unlawful for any person to transport or cause to be
transported into this state from any other state or province
specialized forest products, except those harvested from that person's
own property, without: (a) First acquiring and having readily
available for inspection a document indicating the true origin of the
specialized forest products as being outside the state, or (b) without
acquiring a specialized forest products permit as provided in
subsection (4) of this section.
(2) Any person transporting or causing to be transported
specialized forest products into this state from any other state or
province shall, upon request of any person to whom the specialized
forest products are sold or delivered or upon request of any law
enforcement officer, prepare and sign a statement indicating the true
origin of the specialized forest products, the date of delivery, and
the license number of the vehicle making delivery, and shall leave the
statement with the person making the request.
(3) It is unlawful for any person to possess specialized forest
products, transported into this state, with knowledge that the products
were introduced into this state in violation of this chapter.
(4) When any person transporting or causing to be transported into
this state specialized forest products elects to acquire a specialized
forest products permit, the specialized forest products transported
into this state shall be deemed to be harvested in the county of entry,
and the sheriff of that county may validate the permit as if the
products were so harvested, except that the permit shall also indicate
the actual harvest site outside the state.
(5) A cedar ((or specialty wood)) processor shall comply with RCW
76.48.096 by requiring a person transporting specialized forest
products into this state from any other state or province to display a
specialized forest products permit, or true copy thereof, or other
((governmental)) document indicating the true origin of the specialized
forest products as being outside the state. For purposes of this
subsection, a true copy requires the actual signatures of both the
permittee and the ((permittor)) permitter for the execution of a true
copy. The cedar ((or specialty wood)) processor shall make and
maintain a record of the purchase, taking possession, or retention of
cedar products and cedar salvage in compliance with RCW 76.48.094.
(6) If, under official inquiry, investigation, or other authorized
proceeding regarding specialized forest products not covered by a valid
specialized forest products permit or other acceptable document, the
inspecting law enforcement officer has probable cause to believe that
the specialized forest products were harvested in this state or
wrongfully obtained in another state or province, the officer may take
into custody and detain, for a reasonable time, the specialized forest
products, all supporting documents, invoices, and bills of lading, and
the vehicle in which the products were transported until the true
origin of the specialized forest products can be determined.
Sec. 8 RCW 76.48.094 and 2005 c 401 s 7 are each amended to read
as follows:
(1) Cedar ((or specialty wood)) processors shall make and maintain
a record of the purchase, taking possession, or retention of cedar
products((,)) or cedar salvage((, or specialty wood)) for at least one
year after the date of receipt. The record must be legible and must be
made at the time each delivery is made.
(2) The bill of lading must accompany all cedar products((,)) or
cedar salvage((, or specialty wood)) products after the products are
received by the cedar ((or specialty wood)) processor. The bill of
lading must include the specialized forest products permit number or
the information provided for in RCW 76.48.075(5) and must also specify:
(a) The date of transportation;
(b) The name and address of the first cedar ((or specialty wood))
processor or buyer who recorded the specialized forest products
information;
(c) The name and address from where the cedar ((or specialty wood))
products are being transported;
(d) The name of the person receiving the cedar ((or specialty
wood)) products;
(e) The address to where the cedar ((or specialty wood)) products
are being transported;
(f) The name of the driver;
(g) The vehicle license number;
(h) The type of cedar ((or specialty wood)) product being shipped;
and
(i) The amount of cedar ((or specialty wood)) product being
shipped.
Sec. 9 RCW 76.48.096 and 2005 c 401 s 8 are each amended to read
as follows:
Except as otherwise provided in RCW 76.48.100, it is unlawful for
any cedar ((or specialty wood)) buyer or processor to purchase, take
possession, or retain cedar ((or specialty wood)) products or cedar
salvage subsequent to the harvesting and prior to the retail sale of
the cedar products, unless the supplier thereof displays a specialized
forest products permit, or true copy thereof that appears to be valid,
or obtains the information under RCW 76.48.075(5).
Sec. 10 RCW 76.48.098 and 2005 c 401 s 9 are each amended to read
as follows:
Every cedar ((or specialty wood)) buyer or processor shall
prominently display a valid registration certificate, or copy thereof,
obtained from the department of revenue under RCW 82.32.030 at each
location where the buyer or processor receives cedar products((,)) or
cedar salvage((, or specialty wood)).
When dealing with cedar processors, permittees shall sell cedar
products((,)) or cedar salvage((, or specialty wood products)) only to
cedar ((or specialty wood)) processors displaying registration
certificates which appear to be valid.
Sec. 11 RCW 76.48.100 and 2005 c 401 s 10 are each amended to
read as follows:
The provisions of this chapter do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar salvage"
under RCW 76.48.020), poles, pilings, or other major forest products
from which substantially all of the limbs and branches have been
removed, specialty wood, and cedar salvage when harvested concurrently
with timber stands (a) under an approved forest practices application
or notification, or (b) under a contract or permit issued by an agency
of the United States government.
(3) The activities of a landowner, ((his or her)) the landowner's
agent, ((or representative,)) or of a lessee of land in carrying on
noncommercial property management, maintenance, or improvements on or
in connection with the land of the landowner or lessee, including
harvesting, possession, and transport of specialized forest products or
specialty wood.
Sec. 12 RCW 76.48.110 and 2005 c 401 s 11 are each amended to
read as follows:
(1) Whenever any law enforcement officer has probable cause to
believe that a person is harvesting or is in possession of or
transporting specialized forest products or specialty wood in violation
of the provisions of this chapter, he or she may, at the time of making
an arrest, seize and take possession of any specialized forest products
or specialty wood found. If the specialized forest product is a cedar
product, cedar salvage, or specialty wood, at the time of making an
arrest the law enforcement officer may seize and take possession of any
equipment, vehicles, tools, or paperwork. The law enforcement officer
shall provide reasonable protection for the equipment, vehicles, tools,
paperwork, ((or)) specialized forest products, or specialty wood
involved during the period of litigation or he or she shall dispose of
the equipment, vehicles, tools, paperwork, ((or)) specialized forest
products, or specialty wood at the discretion or order of the court
before which the arrested person is ordered to appear.
(2) Upon any disposition of the case by the court, the court shall
make a reasonable effort to return the equipment, vehicles, tools,
paperwork, ((or)) specialized forest products, or specialty wood to its
rightful owner or pay the proceeds of any sale of specialized forest
products or specialty wood less any reasonable expenses of the sale to
the rightful owner. If for any reason, the proceeds of the sale cannot
be disposed of to the rightful owner, the proceeds, less the reasonable
expenses of the sale, shall be paid to the treasurer of the county in
which the violation occurred. The county treasurer shall deposit the
same in the county general fund. The return of the equipment,
vehicles, tools, paperwork, ((or)) specialized forest products, or
specialty wood or the payment of the proceeds of any sale of products
seized to the owner shall not preclude the court from imposing any fine
or penalty upon the violator for the violation of the provisions of
this chapter.
Sec. 13 RCW 76.48.120 and 2003 c 53 s 373 are each amended to
read as follows:
(1) It is unlawful for any person, upon official inquiry,
investigation, or other authorized proceedings, to offer as genuine any
paper, document, or other instrument in writing purporting to be a
specialized forest products permit, or true copy thereof,
authorization, bill of sale, sales invoice, or bill of lading, or to
make any representation of authority to possess or conduct harvesting
or transporting of specialty wood or specialized forest products,
knowing the same to be in any manner false, fraudulent, forged, or
stolen.
(2) Any person who knowingly or intentionally violates this section
is guilty of a class C felony punishable by imprisonment in a state
correctional institution for a maximum term fixed by the court of not
more than five years or by a fine of not more than five thousand
dollars, or by both imprisonment and fine.
(3) Whenever any law enforcement officer reasonably suspects that
a specialized forest products permit or true copy thereof,
authorization, bill of sale, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the officer until
its authenticity can be verified.
Sec. 14 RCW 76.48.150 and 2005 c 401 s 13 are each amended to
read as follows:
The department of natural resources is the designated agency to
develop and print the specialized forest products permit and distribute
it to the county sheriffs. In addition, the ((department of natural
resources)) Washington State University cooperative extension service
shall develop educational material and other printed information for
law enforcement, forest landowners, and specialized forest products and
specialty wood harvesters, buyers, and processors specific to this
chapter.
Sec. 15 RCW 76.48.200 and 1995 c 366 s 17 are each amended to
read as follows:
Minority groups have long been participants in the specialized
forest products industry. The legislature encourages agencies serving
minority communities, community-based organizations, refugee centers,
social service agencies, agencies and organizations with expertise in
the specialized forest products industry, and other interested groups
to work cooperatively to accomplish the following purposes:
(1) To provide assistance and make referrals on translation
services and to assist in translating educational materials, laws, and
rules regarding specialized forest products;
(2) To hold clinics to teach techniques for effective picking; and
(3) To work with both minority and nonminority permittees in order
to protect resources and foster understanding between minority and
nonminority permittees.
To the extent practicable within their existing resources, the
commission on Asian-American affairs, the commission on Hispanic
affairs, and the ((department of natural resources)) Washington State
University cooperative extension service are encouraged to coordinate
this effort.
NEW SECTION. Sec. 16 A new section is added to chapter 76.48 RCW
to read as follows:
Except as otherwise provided in RCW 76.48.100:
(1) A person must obtain a bill of sale prior to harvesting
specialty wood from any lands, including his or her own land.
(2) A bill of sale must be completed in duplicate for each
permitter's property on which a permittee harvests specialty wood.
(3) Upon the signature of the permitter, the bill of sale becomes
the authorization to harvest, possess, or transport the specialty wood
from the origin of harvest until the first sale or transfer, subject to
any other conditions or limitations that the permitter may specify.
One copy of the bill of sale must be given or mailed to the permitter
and the other copy given or mailed to the permittee.
(4) While engaged in harvesting of specialty wood, permittees or
their agents or employees must have the original bill of sale readily
available at each harvest site. The original bill of sale must be
presented to any law enforcement officer upon request for inspection.
No duplicates or copies of a bill of sale may be presented as a valid
bill of sale or authentication of ownership of specialty wood under
this chapter.
NEW SECTION. Sec. 17 A new section is added to chapter 76.48 RCW
to read as follows:
A bill of sale, for use for the harvest, possession, and transport
of specialty wood from the origin of the harvest must contain and
specify:
(1) The date of its execution;
(2) The name, address, and phone number of the buyer or donee;
(3) The name, address, and phone number of the seller or donor;
(4) The number and description, including species, of the specialty
wood being purchased or transported;
(5) The location of harvest site or place of sale or donation by
address or legal description;
(6) The date, time, and signature of the buyer or donee; and
(7) The date, time, and signature of the seller or donor.
NEW SECTION. Sec. 18 A new section is added to chapter 76.48 RCW
to read as follows:
Except as otherwise provided in RCW 76.48.100:
(1) It is unlawful for any specialty wood processor to purchase,
take possession, or retain specialty wood products subsequent to the
harvesting and prior to the retail sale of the products unless the
supplier of the specialty wood products displays a bill of sale that
appears to be valid or obtains the information as required by this
chapter.
(2) Specialty wood processors shall make and maintain a record of
the purchase, taking possession, or retention of specialty wood for at
least one year after the date of receipt. The record must be legible,
include the information provided on the bill of sale, and must be made
at the time each delivery is made. Records related to the purchase,
possession, or retention of specialty wood must, upon request, be made
available for inspection by any law enforcement officer.
(3) A subsequent bill of sale must accompany all specialty wood
products sold, donated, or otherwise disposed of to another person
after the specialty wood products have been initially received by the
specialty wood processor. In addition to the requirements listed for
a bill of sale in section 17 of this act, a bill of sale from a
specialty wood processor for resale of specialty wood must include the
specialty wood processor's department of revenue registration
certificate number as required in section 19 of this act.
NEW SECTION. Sec. 19 A new section is added to chapter 76.48 RCW
to read as follows:
Every specialty wood processor shall prominently display a valid
registration certificate, or copy thereof, obtained from the department
of revenue under RCW 82.32.030 at each location where the processor
receives specialty wood.
NEW SECTION. Sec. 20 A new section is added to chapter 76.48 RCW
to read as follows:
(1) It is unlawful for a person to:
(a) Harvest specialty wood or engage in activities or phases of
harvesting, possessing, or transporting specialty wood without first
obtaining permission from the landowner or their duly authorized agent
or representative in the form of a bill of sale as described in section
17 of this act; or
(b) Engage in activities processing specialty wood, retaining
processed specialty wood, or selling or disposing of processed
specialty wood without meeting the requirements of sections 18 and 19
of this act.
(2) Nothing in this section precludes the prosecution for crimes
under Title 9A RCW.