Chapter 808
AN ACT
SB 450
Relating to rangeland; creating new provisions; amending ORS 477.125,
477.320 and 477.325; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 477.315 to 477.325.
SECTION 2. (1)
Any group of owners of rangeland that is within a rangeland protection system
established under ORS 477.320, and that lies wholly outside any forest
protection district, may organize a rangeland protection association for the
purpose of protecting the rangeland from fire. The forester may enter into
cooperative agreements or contracts with a rangeland protection association
under the provisions of ORS 477.320 for the purpose of providing the assistance
specified in subsection (2) of this section.
(2) The forester may
assist a rangeland protection association with organizing the association,
training association members and acquiring firefighting equipment for the
association. The forester may also assist a rangeland protection association
with payment for liability insurance and other administrative expenses of the
association, which may not exceed 50 percent of the total of budgeted operating
costs and the cash equivalent of in-kind supplies and services of the
association in any fiscal year. The costs of assistance specified in this
subsection may not be paid from funds assessed from forestland owners under ORS
477.230.
SECTION 3.
ORS 477.325 is amended to read:
477.325. (1) Before June
1 each year, the owners of rangeland to be protected under ORS 477.320 [(3)], including all rangeland
protection associations organized under section 2 of this 2007 Act, shall
prepare in cooperation with the State Board of Forestry or its authorized representative,
and submit to the board, a proposed budget for the fiscal year beginning on the
next succeeding July 1. The budget shall include the proposed cost of such
protection. At the meeting of the board under ORS 477.265, the board shall
review the budget, make any changes therein that are proper and consistent with
law, and pass final approval thereon.
(2) The cost of
protection of rangeland under ORS 477.320 [(3)]
and section 2 of this 2007 Act shall be in accordance with the budget
approved under subsection (1) of this section. The cost shall be collected
pursuant to the cooperative agreement or contract entered into between the
forester and the owners of the rangeland under ORS 477.320 [(3)]. All moneys received by the board
pursuant to this subsection shall be paid into the State Treasury and credited
to the State Forestry Department Account and shall be used exclusively for the
purposes of ORS 477.315 to 477.325.
SECTION 4.
ORS 477.125 is amended to read:
477.125. (1) A forest
protective association, rangeland protection [system established pursuant to ORS 477.320] association
organized under section 2 of this 2007 Act or public body as defined in ORS
174.109, or a person acting as an agent of a forest protective association,
rangeland protection [system] association
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) An employee of a
forest protective association, or a person acting as an agent of a forest
protective association, 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.
SECTION 5.
ORS 477.320 is amended to read:
477.320. (1) Owners of
rangeland may request the State Board of Forestry to hold a hearing on the
subject of providing protection from fire for rangeland. Upon receipt of such
request, the board or its authorized representative shall hold one or more
public hearings in order to receive from interested persons information
relating to the providing of such protection, and shall cause public notice of
the time and place of each hearing to be given. The board or its authorized
representatives shall keep the records of the proceedings of such hearings as
public records.
(2) After the hearing
referred to in subsection (1) of this section, the board shall determine
whether the rangeland should be included within a protection system. If the
board determines that rangeland should be included in a rangeland protection
system, the board, in cooperation with interested persons, shall establish the
extent and type of protection to be provided and direct the forester or a
rangeland protection association organized under section 2 of this 2007 Act to
provide the protection. Such protection shall be commensurate with the
values and uses of the rangeland to be protected.
(3) After proceedings
under subsections (1) and (2) of this section, the forester or a rangeland
protection association organized under section 2 of this 2007 Act shall
provide the type and extent of protection determined under subsection (2) of
this section for rangeland determined to be included within a protection system
under subsection (2) of this section. For the purpose of providing such
protection, the forester and a rangeland protection association may
enter into cooperative agreements or contracts with [the] each other or, jointly or separately, with owners of [the] rangeland, individuals,
associations, corporations, road districts, rural fire protection districts or
agencies of the federal government.
SECTION 6. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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