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ID H0132
Bill
Status
3/12/2013
Primary Sponsor
Resources and Conservation Committee
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AI Summary
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Establishes legislative intent that property damage from forest or range fires should be limited to reasonable suppression costs, economic damages, and either diminution of fair market value or actual restoration costs, excluding speculative intangible environmental damages.
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Amends trespass law to clarify that willfully and intentionally injuring trees or timber on another's property renders a person liable for treble damages or $50, whichever is greater, plus reasonable attorney's fees if plaintiff prevails.
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Limits civil liability for negligent or unintentional forest or range fire to three categories: reasonable fire suppression costs, economic damages, and either fair market value diminution or actual tangible restoration costs (but not both).
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Defines "economic damages" as objectively verifiable monetary losses including out-of-pocket expenses, lost earnings, lost property use, and lost business opportunities.
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Declares the act severable and effective immediately upon passage and approval, establishing an emergency clause.
Legislative Description
Adds to and amends existing law relating to forest and range fire to provide legislative intent; to revise provisions relating to trespass; and to limit damages in certain civil actions for real and personal property damage caused by forest or range fire.
FOREST AND RANGE FIRE
Last Action
Reported Signed by Governor on March 12, 2013 Session Law Chapter 62 Effective: 03/12/13
3/12/2013