Bill Status of HB 1638   95th General Assembly

Short Description:  PRESCRIBED BURNING-ALLOWANCE

House Sponsors
Rep. Sidney H. Mathias-Donald L. Moffitt-Karen May-Dave Winters-Paul D. Froehlich, John A. Fritchey, Elaine Nekritz, Kathleen A. Ryg, Robert W. Pritchard, Naomi D. Jakobsson, Lisa M. Dugan, Patricia R. Bellock and Elizabeth Coulson

Senate Sponsors
(Sen. Michael W. Frerichs, Gary Forby, Todd Sieben-Larry K. Bomke-M. Maggie Crotty-Dale E. Risinger-Susan Garrett, Pamela J. Althoff, William R. Haine, Louis S. Viverito, Linda Holmes, A. J. Wilhelmi, David Koehler and Deanna Demuzio)


Last Action  View All Actions

DateChamber Action
  8/13/2007HousePublic Act . . . . . . . . . 95-0108

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Prescribed Burning Act. Allows for the prescribed burning of certain land under specified circumstances when approved by a certified prescribed burn manager. Provides that no property owner or his agent, conducting a prescribed burn pursuant to the requirements of the Act, shall be liable for damage or injury caused by fire or resulting smoke, unless gross negligence is proven or unless conducted without the approval of a prescribed burn manager. Provides that the Department of Natural Resources, in consultation with the Office of the State Fire Marshall, shall promulgate rules to implement the Act. Provides that nothing in the Act shall be construed as requiring certification as a prescribed burn manager to conduct prescribed burning on one's own property or on the lands of another with the landowner's permission. Effective immediately.

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts the substantive provisions of the bill with changes. Provides that before conducting a prescribed burn, in addition to the existing list of requirements, a person shall (i) notify the local fire department, county dispatcher, 911 dispatcher or other designated emergency dispatcher on the day of the prescribed burn and (ii) make a reasonable attempt to notify all adjoining property owners and occupants of the date and time of the prescribed burn. Provides that 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 (instead of gross negligence). Provides that nothing in the Act shall be construed as affecting any obligations or liability under the Environmental Protection Act or any other federal laws or rules that apply to prescribed burning. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/22/2007HouseFiled with the Clerk by Rep. Donald L. Moffitt
  2/22/2007HouseAdded Chief Co-Sponsor Rep. Karen May
  2/22/2007HouseAdded Chief Co-Sponsor Rep. Dave Winters
  2/22/2007HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  2/22/2007HouseFirst Reading
  2/22/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Fire Protection
  3/21/2007HouseDo Pass / Short Debate Fire Protection; 006-000-000
  3/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/16/2007HouseHouse Amendment No. 1 Filed with Clerk by Rep. Donald L. Moffitt
  4/16/2007HouseHouse Amendment No. 1 Referred to Rules Committee
  4/17/2007HouseAdded Co-Sponsor Rep. John A. Fritchey
  4/18/2007HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  4/20/2007HouseSecond Reading - Short Debate
  4/20/2007HouseHouse Amendment No. 1 Adopted by Voice Vote
  4/20/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2007HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/24/2007HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/24/2007HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  4/25/2007HouseChief Sponsor Changed to Rep. Sidney H. Mathias
  4/25/2007HouseAdded Chief Co-Sponsor Rep. Donald L. Moffitt
  4/25/2007HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/27/2007HouseThird Reading - Short Debate - Passed 114-000-001
  4/27/2007HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/27/2007HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/27/2007HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  5/1/2007SenateArrive in Senate
  5/1/2007SenatePlaced on Calendar Order of First Reading
  5/1/2007SenateChief Senate Sponsor Sen. Michael W. Frerichs
  5/1/2007SenateFirst Reading
  5/1/2007SenateReferred to Rules
  5/2/2007SenateAdded as Alternate Co-Sponsor Sen. Gary Forby
  5/2/2007SenateAdded as Alternate Co-Sponsor Sen. Todd Sieben
  5/2/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Larry K. Bomke
  5/2/2007SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  5/2/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Dale E. Risinger
  5/2/2007SenateAssigned to Environment and Energy
  5/3/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  5/3/2007SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/8/2007SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  5/10/2007SenateDo Pass Environment and Energy; 011-000-000
  5/10/2007SenatePlaced on Calendar Order of 2nd Reading May 15, 2007
  5/10/2007SenateAdded as Alternate Co-Sponsor Sen. Louis S. Viverito
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/15/2007SenateSecond Reading
  5/15/2007SenatePlaced on Calendar Order of 3rd Reading May 16, 2007
  5/16/2007SenateAdded as Alternate Co-Sponsor Sen. Deanna Demuzio
  5/16/2007SenateThird Reading - Passed; 055-000-000
  5/16/2007HousePassed Both Houses
  6/14/2007HouseSent to the Governor
  8/13/2007HouseGovernor Approved
  8/13/2007HouseEffective Date August 13, 2007
  8/13/2007HousePublic Act . . . . . . . . . 95-0108

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