Senate Bill 5186 Passes

EDIT 02.17.11

90 days from today this law will take effect.  So next year, if you go “out of bounds” and are “caught” and “identified” you will be charged with CRIMINAL TRESSPASS 2ND DEGREE and subject to a $1000 fine.

Follow this bill here:  http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5186

Here’s the text from the new law.  Source

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.52.080 and 1979 ex.s. c 244 s 13 are each amended to read as follows:
(1) A person is guilty of criminal trespass in the second degree if he or she knowingly:
(a) Enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree; or (b) Skis in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(2) Criminal trespass in the second degree is a misdemeanor.

Here’s the video of the Senate Natural Resources & Marine Waters Committee discussing the Bill.  From this morning:

Here is the text from the Senate Bill Report from January, 28 2011.  Source

Background: Currently, a ski area operator must maintain a sign system based on international or national standards and the State Parks and Recreation Commission. The signs must advise of certain hazards. Signs must be posted on trails or runs that have been closed by an operator and a person cannot ski on a trail or run which has been designated as “Closed.”

Skiers are required to conduct themselves within the limits of their individual ability and are not to act in a manner that will contribute to the injury of themselves or others.

Summary of Bill: A person is prohibited from skiing on a ski slope, trail, or area that is designated by a ski area operator as closed to the public and that has signs posted indicating the closure. Any person violating this provision commits a civil infraction and is subject to a monetary penalty of up to $1,000.

A national ski patrol member who witnesses a violator present in a closed area may conduct an investigation that includes preparing an incident report form and witness statements. This information may be sent within seven days to the county sheriff where the violation occurred or to the Director of Fish and Wildlife. The county sheriff or a fish and wildlife officer may issue a citation to the person violating this provision.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill deals with the areas within the confines of a ski area and hopefully, will prevent someone skiing into an area where avalanche control activities are occurring. Currently, if a sign says an area of the ski area is closed, the person skiing in the closed area can have their pass pulled. Persons are not taking the signs seriously. This bill will let people know that we are serious. We want to avoid costly expenses on rescuing these individuals and paying for unnecessary lawsuits. The bill
should be amended to remove “national” for the ski patrol. Ski areas have ski patrols that are not all national ski patrol members.

Persons Testifying: PRO: Senator Kastama, prime sponsor; John Kircher, Crystal Mountain; Paul Baugher, Northwest Avalanche Institute.

Here is the actual RCW Language amendment.  Source

A person shall not ski on a ski slope, trail, or area that is designated by a ski area operator as closed to the public and that has signs posted indicating the closure. Any person who violates the provisions of this subsection commits a civil infraction and is subject to a monetary penalty of up to one thousand dollars.
(i) A member of the national ski patrol who witnesses a violator present in a closed area may conduct an investigation that includes preparation of an incident report form and collection of evidence or witness statements. Information pertaining to the violation may be remitted within seven days to the sheriff of the county in which the violation occurred or to the director of fish and wildlife.
(ii) The sheriff of the county in which the violation occurred or a fish and wildlife officer as defined in RCW 77.08.010 may issue a citation to a person who violates this subsection (7)(b).

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