READ FIRST TIME 02/28/07.   

     AN ACT Relating to property access during forest fires; amending RCW 47.48.040; adding a new section to chapter 36.28A RCW; and adding a new section to chapter 47.48 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 36.28A RCW to read as follows:
     (1) The Washington association of sheriffs and police chiefs shall convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a way that, first and foremost, protects life and safety during a forest fire or wildfire. The model policy must include guidance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The model policy must specifically address procedures to allow, when safe and appropriate, residents, landowners, and others in lawful possession and control of land in the state access to their residences and land to:
     (a) Conduct fire prevention or suppression activities;
     (b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or any other belongings; or
     (c) Undertake activities under both (a) and (b) of this subsection.
     (2) In developing the policy under subsection (1) of this section, the association shall consult with appropriate stakeholders and government agencies.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.48 RCW to read as follows:
     (1) Each county sheriff may, until a model policy pursuant to section 1 of this act is developed and implemented in the sheriff's county, establish and maintain a registry of persons authorized to access their land during a forest or wildfire. Upon request, the sheriff must include in the registry persons who demonstrate ownership of agriculture land or forest land within the county and who possess equipment that may be used for fire prevention or suppression activities. Persons included in the registry must be allowed to access their property to conduct fire prevention or suppression activities despite the closure of any state highway, county road, or city street under this chapter.
     (2)(a) Residents, landowners, and others in lawful possession and control of land in the state are not liable for unintentional injuries or loss suffered by persons entering upon, or passing through, their land pursuant to this section.
     (b) Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating the access described in this section.

Sec. 3   RCW 47.48.040 and 1977 ex.s. c 216 s 3 are each amended to read as follows:
     Except as provided under section 2 of this act, when any state highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm, or corporation disregarding such closing or reduced speed limit shall be guilty of a misdemeanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit.