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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 863
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Tina Kotek for State Fire Marshal)
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 allows the State Fire Marshal to recover costs from persons who start fires.
The Act allows certain actions related to cost recovery. (Flesch Readability Score: 64.2).
Authorizes the State Fire Marshal to seek cost recovery for the actual cost of fire abatement.
Authorizes the Attorney General to take certain actions to investigate liability for the actual
cost of fire abatement, upon request by the State Fire Marshal.
Authorizes deputy state fire marshals to take certain actions to preserve evidence and investi-
gate liability for the actual cost of fire abatement.
A BILL FOR AN ACT
Relating to cost recovery for fire protection.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 4 of this 2025 Act are added to and made a part of ORS chapter
476.
SECTION 2.(1) As used in this section, “actual cost” means:
(a) Any costs incurred by the State Fire Marshal in controlling or extinguishing a fire
under this chapter, including under ORS 476.510 to 476.610; and
(b) Any payments made by the State Fire Marshal as reimbursement for controlling or
extinguishing the fire.
(2) If a person is willful, malicious or negligent in the origin or subsequent spread of a
fire:
(a) The State Fire Marshal shall mail to the person a written demand for payment of the
actual cost of the fire; and
(b) The person shall pay the actual cost of the fire to the State Fire Marshal not more
than 90 days after the written demand for payment is mailed.
(3) If the person does not pay the actual cost of the fire as described in subsection (2)
of this section:
(a) The amount of the actual cost of the fire shall bear interest at 10 percent per year
from the date on which the first written demand for the payment of the actual cost of the
fire was mailed by the State Fire Marshal; and
(b) The actual cost of the fire and any interest may be recovered from the person by an
action prosecuted in the name of the State of Oregon.
(4) The actual cost of the fire may, at the discretion of the State Fire Marshal, constitute
a general lien upon the real and personal property of the person.
(5) A written notice of a lien described in subsection (4) of this section, containing a de-
scription of the property and a statement of the actual cost of the fire:
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 495 SB863
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(a) Must be certified under oath by the State Fire Marshal and filed in the office of the
county clerk of the county in which the property is situated within 12 months after the cal-
endar year within which the fire originated; and
(b) May be foreclosed in the manner provided by law for foreclosure of liens for labor and
material.
(6) A lien created under this section shall cease to exist unless suit for foreclosure is
instituted within 12 months from the date of filing of the written notice of the lien under
subsection (5) of this section.
(7) In any proceeding to foreclose a lien created under this section, recovery for the
plaintiff shall include, in addition to the amount of the actual cost, interest on such amount
at the rate of 10 percent per year from the date of the filing of the written notice of the lien
under subsection (5) of this section.
(8) Upon request of the State Fire Marshal, the Attorney General shall prosecute an
action under this section to recover the actual cost of the fire or foreclose a lien, in the
name of the State of Oregon.
(9) In an action under this section to recover the actual cost of a fire or foreclose a lien,
the court shall:
(a) Accept an itemized statement of the actual cost of the fire, certified by the State Fire
Marshal, as prima facie evidence of the actual cost of the fire; and
(b) At trial and on appeal, award reasonable attorney fees, in addition to costs and dis-
bursements, to the prevailing party.
SECTION 3. (1) At the request of the State Fire Marshal, for the purpose of investigating
liability for the actual cost, as defined in section 2 of this 2025 Act, of a fire, the Attorney
General may administer oaths and affirmations, take testimony or depositions and by
subpoenacompel:
(a) The attendance of witnesses;
(b) The production of documents, including but not limited to writings, drawings, graphs,
charts, photographs and other data compilations from which information can be obtained and
translated;and
(c) The production of any other tangible thing that the Attorney General deems relevant
or material to the investigation.
(2) Each witness subpoenaed under subsection (1) of this section shall receive the fees
and mileage provided in ORS 44.415 (2).
(3) If a person fails to comply with a subpoena issued under this section, or if a party
or witness refuses to testify on any matter under this section, on the application of the State
Fire Marshal, the judge of the circuit court of any county shall compel obedience by pro-
ceedings for contempt.
SECTION 4. Under instructions from the State Fire Marshal as to the exercise of state
authority, for the purpose of preserving evidence and investigating liability for the actual
cost, as defined in section 2 of this 2025 Act, of a fire, a deputy state fire marshal may:
(1) Secure the fire origin area at any time; and
(2) Control, restrict or prohibit access to the fire origin area by unauthorized persons
as long as is reasonably necessary, in the judgment of the deputy state fire marshal.
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