1321-S AMH MORT HAYW 1

SHB 1321 - H AMD 000036

By Representative Morton

     On page 1, line 6, strike everything beginning with "The" through "landowner." on page 1, line 16, and insert the following:

     " The department, when acting in its statutory capacity as a fire prevention and suppression agency, shall owe a duty to persons who pay forest fire protection assessments to the department pursuant to RCW 76.04.610.  This section does not alter the department's duties and responsibilities as a landowner."

EFFECT:  Codifies the ruling in Oberg v. Department of Natural Resources,  which found that the department may be held liable for negligence in not preventing a fire from spreading off Department of Natural Resources land onto property which is subject to and pays a fire protection assessment to the department.

                          --- END ---