HOUSE BILL REPORT

SSB 6195

As Amended by the House

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.

House Committe on Natural Resources

Majority Report:  Do pass with amendments.  (18)

      Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Belcher, Bumgarner, Butterfield, Cole, Dorn, Fuhrman, Hargrove, Haugen, Meyers, Sayan, Schmidt, Spanel and S. Wilson.

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE MARCH 4, 1988

BACKGROUND:

Over the past several years, incidences of organized opposition to logging, particularly in areas of old-growth timber, have increased.  One method used by opponents is spiking a tree by driving large nails or other hard substances into the tree.  A spiked tree poses a danger to chain saw users and saw mill personnel.

The usual recourse against tree spiking has been for the state to prosecute an action for trespass (unlawfully being on property that belongs to another) against the person doing the spiking.  The spikes are often implanted in the trees long before they are detected, which makes this offense a difficult one to prove.  Many of these activities occur on public lands (U.S. Forest Service lands), which makes prosecution for criminal trespass even more difficult in that a person usually cannot commit trespass on land that is open to the public.

The county prosecuting attorney is responsible for prosecuting criminal violations.  The maximum penalty for a class C felony is five years confinement in a state correctional facility, or a $10,000 fine, or a combination of both.  The maximum penalty for a gross misdemeanor is one year confinement in a county jail, or a $5,000 fine, or a combination of both.

SUMMARY:

A person is guilty of a class C felony if he or she maliciously places in trees or wood material, any substance that injures saws or manufacturing equipment, for the purpose of hindering logging or timber harvesting activities.

Possession of any substance that could produce injury to saws or equipment with the intent to hinder logging constitutes a gross misdemeanor.

A person damaged by someone hindering logging or timber harvesting activities may sue that person or persons for damages caused by a violation of the criminal statute and may recover upon proof of a violation by a preponderance of the evidence.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Scott Barr.  Those signed up to testify in favor but were not called upon were:  Bob Platz, Western Forest Industries Association; John Woodring, Northwest Forest Manufacturing; and Pat McElroy, Department of Natural Resources.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There are those who have strong feelings about not cutting certain areas of old-growth timber.  To prevent logging, some tree spiking is being done in this state.  Strong penalties are provided for those proven guilty of putting metal into trees.

House Committee - Testimony Against:      None Presented.