Bill Text: OR HB2596 | 2013 | Regular Session | Enrolled

---

Bill Title: Relating to actions arising from interference with forest practices.

Sponsorship: Committee Bill

Status: (Passed) 2013-06-24 - Chapter 461, (2013 Laws): Effective date January 1, 2014. [HB2596 Detail]

Download: Oregon-2013-HB2596-Enrolled.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2596

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                     CHAPTER ................

                             AN ACT

Relating to actions arising from interference with forest
  practices.

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

  SECTION 1.  { + (1) As used in this section:
  (a) 'Access road' means a road owned or maintained by the State
Forestry Department.
  (b) 'Forest practice' has the meaning given that term in ORS
527.620.
  (c) 'State forestland' means:
  (A) Forestland acquired under ORS 530.010 to 530.040; and
  (B) Common School Forest Lands and Elliott State Forest Lands
managed under ORS 530.490.
  (2) A private entity that contracts with the State Forestry
Department to perform a forest practice has a right of action for
the amount of actual damages against any person that, while on
state forestland or an access road on state forestland,
intentionally commits an act that hinders, impairs or obstructs
or is an attempt to hinder, impair or obstruct, the performance
of the forest practice by the private entity. A court shall award
a plaintiff prevailing under this section reasonable attorney
fees and costs.
  (3) If the contract between the private entity and the
department provides for the private entity to perform forest
practices in a defined area of state forestland that lies in more
than one county, venue for a cause of action under this section
is proper in any county containing part of the area of state
forestland defined by the contract terms in effect on the date
the cause of action arose.
  (4) An action under this section must be commenced within two
years after the date of the act giving rise to the cause of
action. + }
  SECTION 2.  { + Section 1 of this 2013 Act applies to acts that
a person intentionally commits or continues to intentionally
commit on or after the effective date of this 2013 Act. + }
                         ----------

Enrolled House Bill 2596 (HB 2596-B)                       Page 1

Passed by House April 29, 2013

Repassed by House June 12, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 10, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2596 (HB 2596-B)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2596 (HB 2596-B)                       Page 3