READ FIRST TIME 01/31/14.   

     AN ACT Relating to addressing wildfires caused by incendiary devices; amending RCW 76.04.005 and 76.04.455; and prescribing penalties.

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

Sec. 1   RCW 76.04.005 and 2007 c 480 s 12 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
     (1) "Additional fire hazard" means a condition existing on any land in the state:
     (a) Covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life or property; or
     (b) When, due to the effects of disturbance agents, broken, down, dead, or dying trees exist on forest land in sufficient quantity to be likely to further the spread of fire within areas covered by a forest health hazard warning or order issued by the commissioner of public lands under RCW 76.06.180. The term "additional fire hazard" does not include green trees or snags left standing in upland or riparian areas under the provisions of RCW 76.04.465 or chapter 76.09 RCW.
     (2) "Closed season" means the period between April 15th and October 15th, unless the department designates different dates because of prevailing fire weather conditions.
     (3) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.
     (4) "Department protected lands" means all lands subject to the forest protection assessment under RCW 76.04.610 or covered under contract or agreement pursuant to RCW 76.04.135 by the department.
     (5) "Disturbance agent" means those forces that damage or kill significant numbers of forest trees, such as insects, diseases, wind storms, ice storms, and fires.
     (6) "Emergency fire costs" means those costs incurred or approved by the department for emergency forest fire suppression, including the employment of personnel, rental of equipment, and purchase of supplies over and above costs regularly budgeted and provided for nonemergency fire expenses for the biennium in which the costs occur.
     (7) "Forest debris" includes forest slash, chips, and any other vegetative residue resulting from activities on forest land.
     (8) "Forest fire service" includes all wardens, rangers, and other persons employed especially for preventing or fighting forest fires.
     (9) "Forest land" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute in the judgment of the department, a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forest lands when such areas are adjacent to or intermingled with areas supporting tree growth. Forest land, for protection purposes, does not include structures.
     (10) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in possession of any public or private forest land.
     (11) "Forest material" means forest slash, chips, timber, standing or down, or other vegetation.
     (12) "Landowner operation" means every activity, and supporting activities, of a forest landowner and the landowner's agents, employees, or independent contractors or permittees in the management and use of forest land subject to the forest protection assessment under RCW 76.04.610 for the primary benefit of the owner. The term includes, but is not limited to, the growing and harvesting of forest products, the development of transportation systems, the utilization of minerals or other natural resources, and the clearing of land. The term does not include recreational and/or residential activities not associated with these enumerated activities.
     (13) "Participating landowner" means an owner of forest land whose land is subject to the forest protection assessment under RCW 76.04.610.
     (14) "Slash" means organic forest debris such as tree tops, limbs, brush, and other dead flammable material remaining on forest land as a result of a landowner operation.
     (15) "Slash burning" means the planned and controlled burning of forest debris on forest lands by broadcast burning, underburning, pile burning, or other means, for the purposes of silviculture, hazard abatement, or reduction and prevention or elimination of a fire hazard.
     (16) "Suppression" means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property.
     (17) "Unimproved lands" means those lands that will support grass, brush and tree growth, or other flammable material when such lands are not cleared or cultivated and, in the opinion of the department, are a fire menace to life and property.
     (18) "Exploding target" means a device that is designed or marketed to ignite or explode when struck by firearm ammunition or other projectiles.
     (19) "Incendiary ammunition" means ammunition that is designed to ignite or explode upon impact with or penetration of a target or designed to trace its course in the air with a trail of smoke, chemical incandescence, or fire.
     (20) "Sky lantern" means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.

Sec. 2   RCW 76.04.455 and 1986 c 100 s 29 are each amended to read as follows:
     (1)(a) Except as otherwise provided in this subsection, it is unlawful ((during the closed season)) for any person to ((throw away)), during the closed season:
     (i) Discard any lighted tobacco, cigars, cigarettes, matches, fireworks, charcoal, or other lighted material ((or to)), discharge any ((tracer or)) incendiary ammunition ((in)), release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas((.
     (2) It is unlawful during the closed season for any individual to smoke)); or
     (ii) Smoke any flammable material when in forest or brush areas except on roads, cleared landings, gravel pits, or any similar area free of flammable material.
     (b) The prohibitions contained in this subsection do not apply to the detonation of nonflammable exploding targets on any forest, brush, range, or grain areas if the person detonating the nonflammable exploding target:
     (i) Has lawful possession and control of the land in question; or
     (ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
     (c) The prohibitions contained in this subsection do not apply to suppression actions authorized or conducted by the department under the authority of this chapter.
     (2)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during any time outside of the closed season, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas.
     (b) The prohibitions contained in this subsection do not apply if the person conducting the otherwise prohibited action:
     (i) Has lawful possession and control of the land in question; or
     (ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
     (3) Every conveyance operated through or above forest, range, brush, or grain areas ((shall)) must be equipped in each compartment with a suitable receptacle for the disposition of lighted tobacco, cigars, cigarettes, matches, or other flammable material.
     (4) Every person operating a public conveyance through or above forest, range, brush, or grain areas shall post a copy of this section in a conspicuous place within the smoking compartment of the conveyance; and every person operating a saw mill or a logging camp in any such areas shall post a copy of this section in a conspicuous place upon the ground or buildings of the milling or logging operation.