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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 345
Sponsored by Senator SMITH DB (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells courts to award money for property damage caused by fires started in
federal forests. The Act tells an agency to create a group for insuring small forestland against fire.
(Flesch Readability Score: 63.6).
Requires a court to award damages for the cost of replanting to a plaintiff prevailing against
the federal government or a contractor in an action for injury to private land arising from a fire
originating on federal forestland.
Requires the Director of Department of Consumer and Business Services to establish a joint
underwriting association for the purpose of ensuring the availability of property insurance to protect
small tract forestland against the peril of fire.
A BILL FOR AN ACT
Relating to fire.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
If a plaintiff prevails against a federal agency, or against a contractor per-
forming services for a federal agency, in an action under 28 U.S.C. 2671 to 2680 for injury to
private land arising from a fire originating on federal forestland, in addition to any other
damages awarded, the court shall award the prevailing plaintiff damages for the cost of re-
planting the private land.
SECTION 2. Section 3 of this 2025 Act is added to and made a part of the Insurance Code.
SECTION 3. (1) As used in this section:
(a) “Forestland” has the meaning given that term in ORS 526.005.
(b) “Small tract forestland” means contiguous forestland that:
(A) Is owned or held under common ownership; and
(B) Is not less than 10 acres or more than 5,000 acres in size.
(2) The Director of the Department of Consumer and Business Services shall establish a
joint underwriting association under ORS 735.220 for the purpose of ensuring the availability
of property insurance for small tract forestlands that covers the peril of fire.
Notwithstanding ORS 735.210 or 735.215, the director shall establish the joint underwriting
association without first establishing a market assistance plan, holding hearings or making
findings regarding insurance availability.
SECTION 4.
Section 1 of this 2025 Act applies to damages awarded in actions filed on or
after the effective date of this 2025 Act.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1411