77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2615
Sponsored by Representative CLEM (at the request of Oregon Small
Woodlands Association) (Presession filed.)
CHAPTER ................
AN ACT
Relating to the forest products industry; creating new
provisions; amending ORS 164.813, 164.814, 164.845 and 164.855;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.813 is amended to read:
164.813. { + (1) As used in this section:
(a) 'Harvest' means to separate by cutting, digging, prying,
picking, peeling, breaking, pulling, splitting or otherwise
removing a special forest product from:
(A) Its physical connection or point of contact with the ground
or vegetation upon which it was growing; or
(B) The place or position where it lay.
(b) 'Special forest products' means:
(A) Bear grass (Xerophyllum tenas), boughs, branches, ferns and
other forest plant parts used in floral arrangements and
decorations;
(B) The bark and needles of the Pacific yew (Taxus brevifolia);
(C) Cascara bark from the cascara tree (Rhamnus purshiana);
(D) Cedar salvage, including cedar chunks, slabs, stumps and
logs that are more than one cubic foot in volume;
(E) Cut or picked evergreen foliage and shrubs, including, but
not limited to, ferns, huckleberry, Oregon grape, rhododendron
and salal;
(F) Firewood;
(G) Native ornamental trees and shrubs, including trees and
shrubs that are not nursery grown and that have been removed from
the ground with the roots intact;
(H) Round or split posts, poles, pickets, stakes or rails,
shakeboards, shake-bolts, shingle bolts or other round or split
products of any forest tree species;
(I) Wild edible fungi, regardless of species, that have not
been cultivated or propagated by artificial means; and
(J) Items identified by the State Board of Forestry by rule as
special forest products.
(c) 'Special forest products' does not mean mill ends,
driftwood and artificially fabricated fireplace logs.
(d) 'Transportation' means the physical conveyance of special
forest products away from a harvest or collection site and
includes, but is not limited to, transportation in or on:
(A) A motor vehicle or trailer, both as defined for purposes of
the Oregon Vehicle Code;
Enrolled House Bill 2615 (HB 2615-B) Page 1
(B) A boat, barge, raft or other water vessel; or
(C) An airplane, helicopter, balloon or other aircraft. + }
{ - (1) - } { + (2) Subject to subsection (6) of this
section, + } it is unlawful for any person { + other than the
landowner + } to cut or split wood into special forest products
or to harvest or remove special forest products from a place
unless the person has in possession a written permit to do so
from the owner of the land from which the wood is cut or the
{ + special forest + } products taken. The written permit
required under this subsection must set forth:
(a) The date of the permit;
(b) The name, address, telephone number and signature of the
person granting the permit;
(c) The name, address and telephone number of the person to
whom the permit is granted;
(d) The amount and kind of wood, by species, to be cut or split
or the amount and kind of special forest products to be taken;
(e) A description of the premises from which the wood is to be
cut or the { + special forest + } products taken. The
description may be by legal description, tax account number or
other description clearly identifying the premises; and
(f) The date of expiration of the permit.
{ - (2) - } { + (3) Subject to subsection (6) of this
section, + } it is unlawful for a person to transport special
forest products without possessing a permit as described in
subsection { - (1) - } { + (2) + } of this section or a
document of sale showing title { - thereto - } { + to the
special forest products + }. A document of sale must be signed by
the landowner, seller or donor, and must set forth:
(a) The date of the document;
(b) The name, address and telephone number of the seller or
donor of the { + special forest + } products;
(c) The name, address and telephone number of the purchaser or
donee;
(d) The amount and kind of { + special forest + } products
sold, by species; and
(e) A description of the premises from which the special forest
products were taken. The description may be by legal description,
tax account number or other description clearly identifying the
premises, or by street address in the event of purchase from a
woodlot or fuel dealer or dealer in other special forest
products.
{ - (3) - } { + (4) Except as provided in subsection (7) of
this section, + } any person who engages in the purchase or other
acquisition of special forest products for resale, other than
special forest products acquired from property owned by that
person, shall keep records of such purchases or acquisitions for
a period of one year from the date of purchase or acquisition.
The records shall be made available to any peace officer upon
request and shall reveal:
(a) The date of purchase or acquisition;
(b) The name, address, telephone number and signature of the
person from whom the special forest products were obtained and
the date they were obtained;
(c) The license number of any vehicle used to deliver the
special forest products to the dealer for resale;
(d) The quantity of special forest products purchased or
acquired; and
(e) The name and address of the landowner from whose land the
special forest product was harvested.
Enrolled House Bill 2615 (HB 2615-B) Page 2
{ - (4) - } { + (5) + } Any permit for the removal of
special forest products from public lands issued { + or
required + } by the United States Forest Service or the Bureau of
Land Management is { + :
(a) + } Sufficient for the purposes of subsections { - (1)
and - } (2) { + and (3) + } of this section, regardless of
whether the permit conforms to the specific requirements as to
content set forth in subsections { - (1) and - } (2) { + and
(3) + }of this section { + ; and
(b) Valid only for the purposes and public lands locations
identified in the permit + }.
{ - (5) - } { + (6) + } Subsections { - (1) and - } (2)
{ + and (3) + }of this section do not apply to { + the
following activities conducted on public lands + }:
(a) The cutting or transportation of wild edible
{ - mushrooms - } { + fungi + } occupying a volume at harvest
of one gallon or less;
(b) The cutting or transportation of special forest products,
{ - as defined - } { + described + } in subsection
{ - (6)(b)(D) - } { + (1)(b)(D) + }, (F) and (H) of this
section, having a total volume of less than 27 cubic feet;
(c) The cutting or transportation of special forest products,
other than those specified in paragraphs (a) and (b) of this
subsection, having a total volume of less than 12 cubic feet;
(d) The cutting or transportation of coniferous trees that are
subject to the provisions of ORS 164.825;
(e) The cutting or transportation of special forest products by
the owner of the land from which they were taken or by the
owner's agent; or
(f) The transportation of special forest products by a common
carrier or contract carrier.
{ - (6) As used in this section: - }
{ - (a) 'Harvest' means to separate by cutting, prying,
picking, peeling, breaking, pulling, splitting or otherwise
removing a special forest product from: - }
{ - (A) Its physical connection or point of contact with the
ground or vegetation upon which it was growing; or - }
{ - (B) The place or position where it lay. - }
{ - (b) 'Special forest products' means: - }
{ - (A) Bear grass (Xerophyllum tenas), boughs, branches,
ferns and other forest plant parts used in floral arrangements
and decorations; - }
{ - (B) The bark and needles of the Pacific yew (Taxus
brevifolia); - }
{ - (C) Cascara bark from the cascara tree (Rhamnus
purshiana); - }
{ - (D) Cedar salvage including cedar chunks, slabs, stumps
and logs that are more than one cubic foot in volume; - }
{ - (E) Cut or picked evergreen foliage and shrubs including,
but not limited to, ferns, huckleberry, Oregon grape,
rhododendron and salal; - }
{ - (F) Firewood; - }
{ - (G) Native ornamental trees and shrubs, including trees
and shrubs that are not nursery grown and that have been removed
from the ground with the roots intact; - }
{ - (H) Round or split posts, poles, pickets, stakes or
rails, shakeboards, shake-bolts, shingle bolts or other round or
split products of any forest tree species; and - }
{ - (I) Wild edible mushrooms that have not been cultivated
or propagated by artificial means. - }
Enrolled House Bill 2615 (HB 2615-B) Page 3
{ - (c) 'Special forest products' does not mean mill ends,
driftwood and artificially fabricated fireplace logs. - }
{ - (d) 'Transportation' means the physical conveyance of
special forest products away from a harvest site and includes,
but is not limited to, transportation in or on: - }
{ - (A) A motor vehicle designed for use on improved
roadways; - }
{ - (B) A boat, barge, raft or other water vessel; or - }
{ - (C) An airplane, helicopter, balloon or other
aircraft. - }
(7) Subsection { - (3) - } { + (4) + } of this section does
not apply to a person who purchases cedar products that are
special forest products and who complies with the record keeping
requirements of ORS 165.109.
(8) Violation of any provision of subsections { - (1) to
(3) - } { + (2) to (4) + } of this section is a Class B
misdemeanor.
SECTION 2. ORS 164.813, as amended by section 1 of this 2013
Act, is amended to read:
164.813. (1) As used in this section:
(a) 'Harvest' means to separate by cutting, digging, prying,
picking, peeling, breaking, pulling, splitting or otherwise
removing a special forest product from:
(A) Its physical connection or point of contact with the ground
or vegetation upon which it was growing; or
(B) The place or position where it lay.
(b) 'Special forest products' means:
{ - (A) Bear grass (Xerophyllum tenas), boughs, branches,
ferns and other forest plant parts used in floral arrangements
and decorations; - }
{ - (B) The bark and needles of the Pacific yew (Taxus
brevifolia); - }
{ - (C) Cascara bark from the cascara tree (Rhamnus
purshiana); - }
{ - (D) Cedar salvage, including cedar chunks, slabs, stumps
and logs that are more than one cubic foot in volume; - }
{ - (E) Cut or picked evergreen foliage and shrubs,
including, but not limited to, ferns, huckleberry, Oregon grape,
rhododendron and salal; - }
{ - (F) Firewood; - }
{ - (G) Native ornamental trees and shrubs, including trees
and shrubs that are not nursery grown and that have been removed
from the ground with the roots intact; - }
{ - (H) Round or split posts, poles, pickets, stakes or
rails, shakeboards, shake-bolts, shingle bolts or other round or
split products of any forest tree species; - }
{ - (I) Wild edible fungi, regardless of species, that have
not been cultivated or propagated by artificial means; and - }
{ + (A) Plants, plant parts, fruit, fungi, parts of fungi,
rocks or minerals that are identified in State Board of Forestry
rules as special forest products;
(B) Firewood;
(C) Trees or parts of trees of a species identified in board
rules as a forest tree species not normally used in commercial
forest harvests; and + }
{ - (J) - } { + (D) Other + } items identified by the
{ - State Board of Forestry - } { + board + } by rule as
special forest products.
(c) 'Special forest products' does not mean mill ends,
driftwood and artificially fabricated fireplace logs.
Enrolled House Bill 2615 (HB 2615-B) Page 4
(d) 'Transportation' means the physical conveyance of special
forest products away from a harvest or collection site and
includes, but is not limited to, transportation in or on:
(A) A motor vehicle or trailer, both as defined for purposes of
the Oregon Vehicle Code;
(B) A boat, barge, raft or other water vessel; or
(C) An airplane, helicopter, balloon or other aircraft.
(2) Subject to subsection (6) of this section, it is unlawful
for any person other than the landowner to cut or split wood into
special forest products or to harvest or remove special forest
products from a place unless the person has in possession a
written permit to do so from the owner of the land from which the
wood is cut or the special forest products taken. The written
permit required under this subsection must set forth:
(a) The date of the permit;
(b) The name, address, telephone number and signature of the
person granting the permit;
(c) The name, address and telephone number of the person to
whom the permit is granted;
(d) The amount and kind of wood, by species, to be cut or split
or the amount and kind of special forest products to be taken;
(e) A description of the premises from which the wood is to be
cut or the special forest products taken. The description may be
by legal description, tax account number or other description
clearly identifying the premises; and
(f) The date of expiration of the permit.
(3) Subject to subsection (6) of this section, it is unlawful
for a person to transport special forest products without
possessing a permit as described in subsection (2) of this
section or a document of sale showing title to the special forest
products. A document of sale must be signed by the landowner,
seller or donor, and must set forth:
(a) The date of the document;
(b) The name, address and telephone number of the seller or
donor of the special forest products;
(c) The name, address and telephone number of the purchaser or
donee;
(d) The amount and kind of special forest products sold, by
species; and
(e) A description of the premises from which the special forest
products were taken. The description may be by legal description,
tax account number or other description clearly identifying the
premises, or by street address in the event of purchase from a
woodlot or fuel dealer or dealer in other special forest
products.
(4) Except as provided in subsection (7) of this section, any
person who engages in the purchase or other acquisition of
special forest products for resale, other than special forest
products acquired from property owned by that person, shall keep
records of such purchases or acquisitions for a period of one
year from the date of purchase or acquisition. The records shall
be made available to any peace officer upon request and shall
reveal:
(a) The date of purchase or acquisition;
(b) The name, address, telephone number and signature of the
person from whom the special forest products were obtained and
the date they were obtained;
(c) The license number of any vehicle used to deliver the
special forest products to the dealer for resale;
Enrolled House Bill 2615 (HB 2615-B) Page 5
(d) The quantity of special forest products purchased or
acquired; and
(e) The name and address of the landowner from whose land the
special forest product was harvested.
(5) Any permit for the removal of special forest products from
public lands issued or required by the United States Forest
Service or the Bureau of Land Management is:
(a) Sufficient for the purposes of subsections (2) and (3) of
this section, regardless of whether the permit conforms to the
specific requirements as to content set forth in subsections (2)
and (3) of this section; and
(b) Valid only for the purposes and public lands locations
identified in the permit.
(6) Subsections (2) and (3) of this section do not apply to the
following activities conducted on public lands:
(a) The cutting or transportation of wild edible fungi
occupying a volume at harvest of one gallon or less;
(b) The cutting or transportation of special forest products,
described in subsection { - (1)(b)(D), (F) and (H) - } { +
(1)(b)(B) and (C) + } of this section, having a total volume of
less than 27 cubic feet;
(c) The cutting or transportation of special forest products,
other than those specified in paragraphs (a) and (b) of this
subsection, having a total volume of less than 12 cubic feet;
(d) The cutting or transportation of coniferous trees that are
subject to the provisions of ORS 164.825;
(e) The cutting or transportation of special forest products by
the owner of the land from which they were taken or by the
owner's agent; or
(f) The transportation of special forest products by a common
carrier or contract carrier.
(7) Subsection (4) of this section does not apply to a person
who purchases cedar products that are special forest products and
who complies with the record keeping requirements of ORS 165.109.
(8) Violation of any provision of subsections (2) to (4) of
this section is a Class B misdemeanor.
SECTION 3. ORS 164.814 is amended to read:
164.814. { - No later than three months after September 9,
1995, - } The State Forester shall develop a typical form for
the permit and document of sale required by ORS 164.813 and for
the records required by ORS 164.813 { - (3) - } { + (4) + }.
The State Forester shall make copies of the forms available. Use
of the forms is not required.
SECTION 4. ORS 164.845 is amended to read:
164.845. (1) Whenever any peace officer has reasonable cause to
believe that a person is cutting or transporting trees or special
forest products in violation of ORS 164.813 { - (1) or - } (2)
{ + or (3) + } or 164.825, the peace officer may arrest the
person without a warrant and take the person before any court
having jurisdiction of the offense. The court shall proceed
without delay to hear, try and determine the matter and enter
judgment according to the allegations and proofs.
(2) The peace officer making the arrest, if not immediately
taking the person arrested into custody, may issue a summons to
the person. The summons shall direct the person to appear at the
court named in the summons to answer a complaint to be filed
therewith. The violation shall be noted on the summons, which
shall be dated and signed by the peace officer.
Enrolled House Bill 2615 (HB 2615-B) Page 6
(3) Any person to whom a summons is issued under this section
who fails to appear at the time and place specified therein
commits a Class B misdemeanor.
SECTION 5. ORS 164.855 is amended to read:
164.855. (1) Whenever any peace officer has reasonable cause
for believing that a person is cutting or transporting trees or
special forest products in violation of ORS 164.813 { - (1)
or - } (2) { + or (3) + } or 164.825, the peace officer may,
at the time of making the arrest or issuing the summons, under
ORS 164.845, seize and take possession of the trees or special
forest products. The peace officer shall hold the trees or
special forest products subject to the order of the court before
which the arrested person is ordered to appear. If the owner of
the trees or special forest products appears before the court
within 48 hours after the seizure thereof and presents
satisfactory evidence of ownership, the court shall order the
peace officer to deliver the trees or special forest products to
the owner. If the owner does not appear within the 48-hour period
and prove ownership of the trees or special forest products, the
court may direct the peace officer to sell the trees or special
forest products in any manner and for any price that appears to
the court to be warranted. If the trees or special forest
products have no value, the court may direct the officer to
destroy them in any manner practicable. The proceeds of the sale,
less the reasonable expenses thereof, shall be paid to the
treasurer of the county in which the trees or special forest
products are sold. At any time within one year after the seizure
of the trees or special forest products the owner thereof may
appear before the court, and, upon presentation of satisfactory
evidence of ownership, the court shall direct the treasurer of
the county to pay the proceeds to the owner. If the owner does
not appear within one year from the seizure of the trees or
special forest products and prove a right to the proceeds, the
proceeds shall thereafter belong to the county, and may be
disposed of as the county court may direct.
(2) The return of the trees or special forest products or the
payment of the proceeds shall not preclude the court from
imposing any fine or penalty for any violation of ORS 164.825 to
164.855.
SECTION 6. { + The amendments to ORS 164.813 by section 2 of
this 2013 Act become operative July 1, 2014. + }
SECTION 7. { + (1) The State Forester shall amend the form
described in ORS 164.814 to reflect the amendments to ORS 164.813
by section 1 of this 2013 Act and make copies of the form
available no later than 90 days after the effective date of this
2013 Act. + }
{ + (2) The State Forester shall amend the form described in
ORS 164.814 to reflect the amendments to ORS 164.813 by section 2
of this 2013 Act and make copies of the form available no later
than October 1, 2014. + }
SECTION 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2615 (HB 2615-B) Page 7
Passed by House April 23, 2013
Repassed by House May 23, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 21, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2615 (HB 2615-B) Page 8
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 2615 (HB 2615-B) Page 9