74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2067
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Forestry Department)
CHAPTER ................
AN ACT
Relating to fire protection of forests; amending ORS 477.120 and
477.770 and section 11, chapter 685, Oregon Laws 2003; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 11, chapter 685, Oregon Laws 2003, as
amended by section 17, chapter 802, Oregon Laws 2005, is amended
to read:
{ + Sec. 11. + } The amendments to ORS 477.755 by section 9,
chapter 685, Oregon Laws 2003, and section 12 { + , chapter 802,
Oregon Laws 2005, + } { - of this 2005 Act - } become
operative July 1, { - 2007 - } { + 2009 + }.
SECTION 2. ORS 477.120 is amended to read:
477.120. (1) Except as provided in subsections (2) and (3) of
this section, the owner or operator of forestland is not subject
to the obligations or penalties of ORS 164.335 and 477.740 or
477.064, 477.066 and 477.068 if:
(a) Forest patrol assessments are regularly paid for the
forestland; { - or - }
(b) Such forestland is protected pursuant to membership in a
forest protective association in accordance with ORS 477.210,
which association has undertaken the control and suppression of
fires on such land as provided in the contract; or
(c) Such forestland is protected pursuant to cooperative
agreement or contract under ORS 477.406.
(2) The provisions of subsection (1) of this section do not
apply to such owner or operator if the owner or operator:
(a) Is willful, malicious or negligent in the origin or
subsequent spread of a fire on such forestland;
(b) Has caused or permitted an operation to exist on such
forestland and a fire originates thereon as a result of the
operation;
(c) Has failed to give notice to the forester pursuant to ORS
{ - 477.580 (1) - } { + 527.670 (6), has failed to obtain a
permit for the use of fire in any form or power-driven machinery
pursuant to ORS 477.625 + } or has failed within the time
prescribed in any order or notice issued by the forester to
reduce, abate, or offset any hazard determined to exist pursuant
to ORS 477.062 or 477.580 and a fire originates on or spreads to
the area on which such hazard exists and for which no release has
been granted pursuant to ORS 477.580 (3) or (4); or
Enrolled House Bill 2067 (HB 2067-INTRO) Page 1
(d) Has caused or allowed any burning, including burning
regulated by ORS 477.013 or 477.515, whether or not a permit has
been obtained and a fire results from or is caused by such
burning.
(3) Unless subsection (2)(a) or (c) of this section applies,
the owner or operator shall not be obligated to pay that portion
of the actual costs provided in ORS 477.068 which are the
ordinary costs of the regular personnel and equipment of the
forest protection district wherein the forestland is located.
(4) If subsection (2)(b) or (d) of this section applies and
subsection (2)(a) and (c) of this section do not apply, the owner
or operator shall not be liable to the forester for fire
suppression costs in excess of $300,000.
(5) The provisions of subsections (3) and (4) of this section
do not apply to the owner or operator if the owner or operator
fails to make every reasonable effort.
(6) For the purpose of subsection (2)(b) of this section, if a
fire originates while an operation is in progress, there is a
presumption, under ORS 40.120, that the fire originated as a
result of the operation.
SECTION 3. ORS 477.770 is amended to read:
477.770. The Emergency Fire Cost Committee shall promulgate
rules relating to the disposition of moneys from the Oregon
Forest Land Protection Fund. Under such rules the committee may
require that prior to the payment of moneys from the fund the
forest protection district expend an amount for
{ + emergency + } fire suppression not to exceed a per acre
amount determined to be 10 percent of the total budgeted amount
of all districts as set forth in ORS 477.220 to 477.415 divided
by the total protected acres of all districts. However, any such
amount per acre shall apply uniformly to each forest protection
district.
SECTION 4. { + 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 on its
passage. + }
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Passed by House June 22, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 25, 2007
...........................................................
President of Senate
Enrolled House Bill 2067 (HB 2067-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2067 (HB 2067-INTRO) Page 3