FINAL BILL REPORT

SB 6397

PARTIAL VETO

                                   C 273 L 88

BYSenators Barr and Rasmussen

Revising provisions relating to forest fires.

Senate Committee on Environment & Natural Resources

House Committe on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Natural Resources (DNR) is responsible for preventing and suppressing fires on state and private forest land.  The DNR's mandate is to suppress forest fires.  This mandate includes all activities involved in the containment and control of forest fires including patrolling such fires until they are extinguished and pose no further threat to life or property.  This mandate does not extend to structure fire suppression.

The DNR has found that although they do not fight structural fires, forest fires in areas with residential development cause additional burdens and costs to fire suppression activities.

SUMMARY:

The first priority of the Department of Natural Resources (DNR) fire crews is to extinguish the fire.  The crews shall secondarily ascertain the necessity of removing individuals or property from the area of the fire.  The fire crews may assist those in immediate danger.

The fire protection and suppression responsibility in residentially developed forest areas is delineated so that the DNR protects forest land and suppresses forest fires and that the rural fire districts and municipal fire departments protect improved property and suppress structural fires.  The DNR is directed to establish a procedure to work with these other fire control agencies to define geographic areas and boundaries of responsibility.

The zones identified as DNR responsibility are called "forest protection zones."  Forest land which, by consent, is excluded from this zone shall not be assessed for forest fire protection by the DNR.  These zones shall, after agreement with affected local fire protection agencies, be established by rule under the Administrative Procedure Act.

It is clearly stated that managers or owners of all nonfederal public forest lands (such as the Department of Wildlife) within a "forest protection zone" shall pay the forest protection and suppression assessments.

The declaration of a forest fire as a public nuisance is clarified so that the DNR's responsibility covers suppression of fire on or threatening forest land within a fire protection zone.

VOTES ON FINAL PASSAGE:

      Senate    47     0

      House 95   1 (House amended)

      Senate    48     0 (Senate concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  Section 1 was vetoed.  This section would have established a priority for forest fire suppression over removing individuals from the vicinity of a forest fire.  (See VETO MESSAGE)