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 Floor 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.