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Bill to expand ODF citation authority draws concerns over standard of proof
Summary
House Bill 2,819 A would authorize the state forester or authorized persons to issue citations for fire‑protection violations based on information and witness statements rather than only firsthand observation; the committee discussed raising the standard from "reasonable grounds" to "probable cause," and members asked the department for narrowed,
Senate Committee on Judiciary members debated enforcement standards Thursday after hearing an overview of House Bill 2,819 A, which would authorize the State Forester or an authorized agent to issue citations for fire‑protection violations based on information received, investigation or witness statements rather than requiring the issuing officer to have personally witnessed the violation.
Why it matters: Sponsors and Department of Forestry staff argued broader citation authority is needed to deter unsafe behavior that causes wildfires; several senators pushed back on allowing citations based on secondhand statements without a higher legal threshold, such as probable cause, to protect due process and guard against false accusations.
Department deputy chief of policy Levi Hopkins told the committee: "We know it's a bit of a more aggressive approach. However, I would argue that we need a more aggressive approach if we want to influence change and try to correct human behavior when it comes to behaviors that cause wildfires." Hopkins said the department already investigates human‑caused fires and would not issue citations without an adequate investigation identifying a responsible party.
Committee members repeatedly asked the department to clarify procedures, the department's standard investigative steps, and whether a warning‑first approach might be more appropriate in many cases. Senator McLean and others asked for narrower language that limits who may trigger a citation and under what evidentiary conditions.
"I was really concerned, because what I thought I heard ... is that if anybody can say that was a person that did it, without having any firsthand knowledge, and then that person will be subject to a ticket," said Senator Manning, expressing concern about false or malicious reports.
Ending: The committee deferred the bill for additional work and scheduled follow‑up discussion; Senator Prozanski said the bill would be carried over to the next week's hearing to allow the Department of Forestry to propose narrowed language and coordinate with committee members.
