Chapter 105 Oregon Laws 2005

AN ACT

SB 177

Relating to liability for fire fighting; creating new provisions; and amending ORS 477.125.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 477.125 is amended to read:

477.125. (1) A forest protective association, rangeland protection system established pursuant to ORS 477.320 or public body as defined in ORS 174.109, or a person acting as an agent of a forest protective association, rangeland protection system or public body, is not liable for any injury to persons or property resulting from carrying out the provisions of this chapter or while acting within the scope of a duty imposed by this chapter.

(2) The exemption from liability provided by subsection (1) of this section does not apply to any injury to persons or property resulting from willful misconduct or gross negligence.

(3) [The liability of] An employee of a forest protective association, or a person acting as an agent of a forest protective association, [acting within the scope of their duties in ] is an agent of a public body acting within the scope of their duties for purposes of ORS 30.260 to 30.300, if the person:

(a) Engages in fire fighting activities occurring on lands located outside of the forest protection district in which the association is located; and

(b) Acts under the direction and control of the forester [may not exceed the limitations on liability described in ORS 30.270].

SECTION 2. The amendments to ORS 477.125 by section 1 of this 2005 Act apply to fire fighting activities engaged in on or after the effective date of this 2005 Act.

Approved by the Governor May 31, 2005

Filed in the office of Secretary of State May 31, 2005

Effective date January 1, 2006

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