SB2972 103RD GENERAL ASSEMBLY

LRB103 37180 JAG 67299 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2972

Introduced 1/31/2024, by Sen. Tom Bennett

SYNOPSIS AS INTRODUCED:

525 ILCS 37/10
525 ILCS 37/15

Amends the Illinois Prescribed Burning Act. Establishes the procedures required before conducting a prescribed burning. Provides that no landowner, agent of the landowner, or certified prescribed burn manager shall be liable for damage, injury, or loss caused by a prescribed burning or smoke resulting from a prescribed burning unless the landowner, agent of the landowner, or certified prescribed burn manager is proven to be grossly negligent. Effective immediately.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Prescribed Burning Act is amended by changing Sections 10 and 15 as follows:

(525 ILCS 37/10)

Sec. 10. Definitions. As used in this Act:

(a) "Prescribed burning" means the planned application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.

(b) "Certified prescribed burn manager" means an individual who successfully completes an approved training program and receives proper certification.

(c) "Prescription" means a written plan for conducting a prescribed burn.

(d) "Department" means the Illinois Department of Natural Resources.

(e) "Landowner" means the person or entity that owns the land.

(f) "Agent of the landowner" means the person or organization that has a written contract or agreement with the landowner to manage the land, including, but not limited to, tenants and lessees.

(g) "Third-party land manager" means an individual, organization, or contractor under contract or agreement with the landowner or landowner's agent to manage the land.

(h) "Gross negligence" means an act of willful, wanton, and reckless conduct.

(Source: P.A. 95-108, eff. 8-13-07.)

(525 ILCS 37/15)

Sec. 15. Requirements; liability.

(a) Before conducting a prescribed burn under this Act, a person shall:

(1) obtain the written consent of the landowner;

(2) have a written prescription approved by a certified prescribed burn manager;

(3) have at least one certified prescribed burn manager present on site with a copy of the prescription while the burn is being conducted;

(4) notify the local fire department, county dispatcher, 911 dispatcher, or other designated emergency dispatcher on the day of the prescribed burn; and

(5) make a reasonable attempt to notify all adjoining property owners and occupants of the date and time of the prescribed burn.

(b) (Blank) The property owner and any person conducting a prescribed burn under this Act shall be liable for any actual damage or injury caused by the fire or resulting smoke upon proof of negligence.

(b-5) No landowner or agent of the landowner shall be liable for damage, injury, or loss caused by a prescribed burning or smoke resulting from a prescribed burning unless the landowner or agent of the landowner is proven to be grossly negligent.

(b-10) No certified prescribed burn manager shall be liable for damage, injury, or loss caused by a prescribed burning or smoke resulting from a prescribed burning conducted under an approved prescription unless the certified prescribed burn manager is proven to be grossly negligent.

(c) Any prescribed burning conducted under this Act:

(1) is declared to be in the public interest;

(2) does not constitute a public or private nuisance when conducted in compliance with Section 9 of the Environmental Protection Act and all other State statutes and rules applicable to prescribed burning; and

(3) is a property right of the property owner if naturally occurring vegetative fuels are used.

(Source: P.A. 95-108, eff. 8-13-07.)

Section 99. Effective date. This Act takes effect upon becoming law.