Bill Text: OR SB31 | 2013 | Regular Session | Enrolled
Bill Title: Relating to forestland classification committees; and prescribing an effective date.
Spectrum: Unknown
Status: (Passed) 2013-05-24 - Effective date, October 7, 2013. [SB31 Detail]
Download: Oregon-2013-SB31-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 31
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Forestry Department)
CHAPTER ................
AN ACT
Relating to forestland classification committees; creating new
provisions; amending ORS 526.310 and 526.332; and prescribing
an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 526.310 is amended to read:
526.310. (1) Pursuant to a request by the State Forester:
(a) The governing body of a county may establish a forestland
classification committee of six persons, of whom one shall be
appointed by the State Forester, one by the Director of the
Oregon State University Extension Service, one by the State Fire
Marshal and three by the governing body. Of the members appointed
by the governing body, one must be an owner of forestland { + or
the representative of an owner of forestland + }, and, if the
land to be investigated and studied by the committee includes or
is expected to include grazing land, one must be an owner of
grazing land { + or the representative of an owner of grazing
land + }; or
(b) The governing bodies of two or more counties may, by
written agreement, establish a joint forestland classification
committee. One member of a joint committee shall be appointed by
the State Forester, one by the Director of the Oregon State
University Extension Service and one by the State Fire Marshal.
The governing body of each participating county shall appoint two
members. Of the members appointed by a governing body to a joint
committee, one must be an owner of forestland { + or the
representative of an owner of forestland + }.
(2) Each appointing authority shall file with the State
Forester the name of its appointee or appointees, and the persons
so named shall constitute the committee. Unless otherwise
provided for by the appointing authority, members of the
committee shall serve a term of four years and may be reappointed
to any number of terms. Each member of the committee at all times
is subject to replacement by the appointing authority, effective
upon the filing with the State Forester by that authority of
written notice of the name of the new appointee.
(3) The committee shall elect from among its members a chair
and a secretary and may elect other officers as it finds
advisable. It shall adopt rules governing its organization and
Enrolled Senate Bill 31 (SB 31-INTRO) Page 1
proceedings and the performance of its duties, and shall keep
written minutes of all its meetings.
(4)(a) The governing body of a county may provide for the
committee and its members such accommodations and supplies and
such county funds not otherwise appropriated as the governing
body finds necessary for the proper performance of the
committee's functions.
(b) The forester may provide for the committee and its members
such accommodations and supplies and such forest protection
district funds as the forester finds necessary for the proper
performance of the committee's functions.
(5) The members of the committee shall receive no compensation
for their services but a governing body or a forest protection
district may reimburse them for their actual and necessary travel
and other expenses incurred in the performance of their duties.
SECTION 2. ORS 526.332 is amended to read:
526.332. (1) Any owner of land classified under ORS 526.328 or
526.340 who is aggrieved by the classification may, within 30
days after the date of the order making the classification,
appeal to the circuit court for the county in which the property
is located. If the forestland classification committee has been
established for more than one county and the property is located
in more than one of those counties, the owner of the land may
appeal to the circuit court for any of those counties. Notice of
an appeal shall be promptly served on the secretary of the
committee or, if the classification was made under ORS 526.340,
on the State Forester.
(2) The appeal shall be tried by the circuit court as an action
not triable by right to a jury.
{ + (3) The State Forester may intervene as a matter of right
in an appeal under this section from a forestland classification
committee order. The State Forester may defend a forestland
classification committee order whether or not the forestland
classification committee also defends the order. + }
SECTION 3. { + The amendments to ORS 526.332 by section 2 of
this 2013 Act apply to appeals for which the notice of appeal is
served on the secretary of a forestland classification committee
on or after the effective date of this 2013 Act. + }
SECTION 4. { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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Enrolled Senate Bill 31 (SB 31-INTRO) Page 2
Passed by Senate February 14, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 31 (SB 31-INTRO) Page 3
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 Senate Bill 31 (SB 31-INTRO) Page 4
