74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2138
Senate Bill 450
Sponsored by Senators SCHRADER, FERRIOLI, Representatives MORGAN,
BOONE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows certain landowners to create rangeland protection
associations. Allows State Forester to enter into cooperative
agreement or contract with rangeland protection association to
protect rangeland. Allows State Forester to assist rangeland
protection associations with training, acquisition of
firefighting equipment and provision of liability insurance.
Directs forester or rangeland protection association to provide
protection after State Board of Forestry determines that
rangeland is included in rangeland protection system. Substitutes
rangeland protection association for rangeland protection system
in liability exemption.
Appropriates moneys from General Fund to State Forestry
Department for purpose of providing assistance to rangeland
protection associations.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to rangeland; creating new provisions; amending ORS
477.125, 477.320 and 477.325; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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 State 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 State Forester may assist a rangeland protection
association with organizing the association, training association
members and acquiring firefighting equipment for the association.
The State 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. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Forestry
Department, for the biennium beginning July 1, 2007, out of the
General Fund, the amount of $60,000, which may be expended for
the purpose of providing assistance to rangeland protection
associations as described in section 2 of this 2007 Act. + }
SECTION 7. { + 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. + }
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