SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

February 17, 2003 Hearing Room B

9:00 a.m. Tape 19

MEMBERS PRESENT: Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

STAFF PRESENT: Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

MEASURE/ISSUES HEARD: HB 2200 Public Hearing

Introduction of LC 2648 and LC 2649 Work Session

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
Tape 19, A
005	Chair Shields	Calls meeting to order at 9:05 a.m. and opens a public hearing on HB 2200.
HB 2200 - PUBLIC HEARING
010	Judith Callens	Committee Administrator. Gives overview of HB 2200.
025	Charlie Stone	Department of Forestry (ODF) Assistant State Forester. Testifies for HB 2200 and discusses two key objectives (EXHIBIT A): Relieve wildland firefighters from liability for injury to persons or property when acting within the scope of their duties as long as the injury or damage does not result from willful misconduct or negligence. Provide the same limits to liability for employees of private, non-profit, forest protective associations as a ODF employee when fighting fire under the direction and control of the State Forester. Requests that an amendment be added to HB 2200.
079	Sen. Fisher	Asks about liability protection for Forest Services contractors flying air tankers while fighting fires.
085	Stone	Responds that this bill will not provide liability protection.
093	Sen. Fisher	Expresses concern that liability protection exists for government employees but not for the general public.
117	Stone	Clarifies that people fighting a fire are under the direction of the State Forester and should have liability protection.
130	Chair Shields	Requests clarification of the term “every reasonable effort” as it relates to liability for firefighters.
137	Stone	Discusses the term “every reasonable effort.”
164	Sen. Fisher	Asks if there are no longer unpaid fire fighters.
168	Stone	Responds that all fire fighters are paid.
173	Sen. Fisher	Asks if they have liability protection while on the government payroll.
175	Stone	Affirms.
180	Chair Shields	Requests more information from ODF and an industry representative at a later date. Closes the public hearing on HB 2200 and opens a work session on the introduction of committee bills.
INTRODUCTION OF LC 2648 AND LC 2649 - WORK SESSION
194	Chair Shields	Introduces draft bills LC 2648 (EXHIBIT B) and LC 2649 (EXHIBIT C).
210	Sen. Beyer	MOTION: Moves LC 2648 AND LC 2649 BE INTRODUCED as committee bills.
		VOTE: 4-0
220	Chair Shields	Hearing no objection, declares the motion CARRIED. Closes work session and adjourns meeting at 9:25 a.m.

EXHIBIT SUMMARY

A – Forestry, ODF, written testimony, Charlie Stone, 2 pp.

B – LC draft 2648, staff, 3 pp.

C – LC draft 2649, staff, 3 pp.