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2013 Senate Bill 5048: Concerning notice against trespass
  1. Introduced by Sen. Tim Sheldon (Potlach) (D) on January 16, 2013, adds a definition of “posting in a conspicuous manner” to state law pertaining to burglary and trespass. The definition outlines the appropriate means by which a property may be marked so as to communicate to intruders that entry is prohibited, including signs and orange paint marks on trees or posts.
    • Referred to the Senate Law & Justice Committee on January 16, 2013.
    • Referred to the Senate Rules Committee on February 4, 2013.
      • Amendment offered by Sen. Tim Sheldon (Potlach) (D) on March 7, 2013, signs must be used to provide notice against trespass on access roads. The amendment passed by voice vote in the Senate on March 7, 2013.
      • Amendment offered by Sen. Adam Kline (Seattle) (D) on March 7, 2013, specifies that, as of August 15, 2013, a landowner must post signs and paint fluorescent orange paint on trees or posts to provide notice against trespass. After August 15, 2018, a landowner may use signs or fluorescent orange paint. The amendment failed by voice vote in the Senate on March 7, 2013.
      • Amendment offered by Sen. Adam Kline (Seattle) (D) on March 7, 2013, provides that a landowner must post signs at the entrance of roads located on private property. As of August 15, 2013, a landowner must post signs and paint fluorescent orange paint on trees or posts to provide notice against trespass. After August 15, 2018, a landowner may use signs or fluorescent orange paint. The amendment failed by voice vote in the Senate on March 7, 2013.
  2. Passed 38 to 11 in the Senate on March 7, 2013, specifies that a person posts in a conspicuous manner by posting signs that are reasonably likely to make intruders aware that entry is restricted or by placing fluorescent orange paint marks on trees or posts on the property. The fluorescent orange marks must be vertical lines at least eight inches long and at least one inch wide. The bottom of the mark must be between three and five feet from the ground. The marks must be placed in locations that are readily visible to any person approaching the property. If the land is forest, the marks cannot be more than 100 feet apart. If the land is not forest, the marks cannot be more than 1000 feet apart. A landowner must use signs for posting in a conspicuous manner on access roads.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on March 9, 2013.
    • Referred to the House Judiciary Committee on March 9, 2013.
      • Amendment offered in the House on April 2, 2013, limits the use of orange paint marks as notice against trespass to: "Agricultural land," as per some of the definitions for purposes of the chapter on open space lands; and "forest land" as defined for purposes of the chapter on forest practices.
    • Referred to the House Rules Committee on April 3, 2013.
  4. Received in the Senate on January 13, 2014.
    • Referred to the Senate Rules Committee on January 21, 2014.
  5. Passed 31 to 17 in the Senate on February 10, 2014.
    Who Voted "Yes" and Who Voted "No"

  6. Received in the House on February 12, 2014.
    • Referred to the House Judiciary Committee on February 12, 2014.
    • Referred to the House Rules Committee on February 26, 2014.
  7. Passed 96 to 2 in the House on March 5, 2014.
    Who Voted "Yes" and Who Voted "No"

  8. Received in the Senate on March 11, 2014.
  9. Passed 35 to 14 in the Senate on March 11, 2014.
    Who Voted "Yes" and Who Voted "No"

  10. Vetoed by Gov. Jay Inslee on April 4, 2014, because for the provisions of the bill to be effective, the public needs a transition period to understand that a painted line on a tree means ‘no trespassing.’ The bill is also unclear whether signs are required on land adjacent to access roads or just when an access road crosses onto private property.

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