102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5066
 
Introduced 1/27/2022, by Rep. Tim Butler
 
SYNOPSIS AS INTRODUCED:
 

 
525 ILCS 37/15

     Amends the Illinois Prescribed Burning Act. Removes a provision that provide that a property owner and any person conducting a prescribed burn is liable for actual damage or injury caused by the prescribed burn or resulting smoke upon proof of negligence. Provides instead that no landowner, agent of the landowner, or certified prescribed burn manager is liable for damage, injury, or loss caused by a prescribed burn or resulting smoke unless proven to be grossly negligent. Effective immediately.
  


LRB102 24884 NLB 34134 b

 
 
A BILL FOR
 

  
HB5066LRB102 24884 NLB 34134 b


  
1    AN ACT concerning conservation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Prescribed Burning Act is amended  
5by changing Section 15 as follows:
 
6    (525 ILCS 37/15)

7    Sec. 15. Requirements; liability. 
8    (a) Before conducting a prescribed burn under this Act, a 
9person shall:


10        (1) obtain the written consent of the landowner;


11        (2)   have a written prescription approved by a 
12    certified prescribed burn manager;
13        (3) have at least one certified prescribed burn 
14    manager present on site with a copy of the prescription 
15    while the burn is being conducted;
16        (4) notify the local fire department, county 
17    dispatcher, 911 dispatcher, or other designated emergency 
18    dispatcher on the day of the prescribed burn; and
19        (5) make a reasonable attempt to notify all adjoining 
20    property owners and occupants of the date and time of the 
21    prescribed burn.
22    (b)  (Blank). The property owner and any person conducting 
23a prescribed burn under this Act shall be liable for any actual 
 
 
HB5066- 2 -LRB102 24884 NLB 34134 b

1damage or injury caused by the fire or resulting smoke upon 
2proof of negligence.
3    (b-5)  No landowner or agent of the landowner shall be 
4liable for damage, injury, or loss caused by a prescribed burn 
5or resulting smoke of a prescribed burn unless the landowner 
6or agent of the landowner is proven to be grossly negligent. 
7    (b-10)  No certified prescribed burn manager shall be 
8liable for damage, injury, or loss caused by a prescribed burn 
9or resulting smoke of a prescribed burn conducted under an 
10approved prescription unless the certified prescribed burn 
11manager is proven to be grossly negligent. 
12    (c) Any prescribed burning conducted under this Act:
13        (1) is declared to be in the public interest;
14        (2) does not constitute a public or private nuisance 
15    when conducted in compliance with Section 9 of the 
16    Environmental Protection Act and all other State statutes 
17    and rules applicable to prescribed burning; and
18        (3) is a property right of the property owner if 
19    naturally occurring vegetative fuels are used.

20(Source: P.A. 95-108, eff. 8-13-07.)
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.