Full Text of SB2972 103rd General Assembly
SB2972 103RD GENERAL ASSEMBLY | | | 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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning conservation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Prescribed Burning Act is amended | 5 | | by changing Sections 10 and 15 as follows: | 6 | | (525 ILCS 37/10) | 7 | | Sec. 10. Definitions. As used in this Act: | 8 | | (a) "Prescribed burning" means the planned application of | 9 | | fire to naturally occurring vegetative fuels under specified | 10 | | environmental conditions and following appropriate | 11 | | precautionary measures, which causes the fire to be confined | 12 | | to a predetermined area and accomplish the planned land | 13 | | management objectives. | 14 | | (b) "Certified prescribed burn manager" means an | 15 | | individual who successfully completes an approved training | 16 | | program and receives proper certification. | 17 | | (c) "Prescription" means a written plan for conducting a | 18 | | prescribed burn. | 19 | | (d) "Department" means the Illinois Department of Natural | 20 | | Resources. | 21 | | (e) "Landowner" means the person or entity that owns the | 22 | | land. | 23 | | (f) "Agent of the landowner" means the person or |
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| 1 | | organization that has a written contract or agreement with the | 2 | | landowner to manage the land, including, but not limited to, | 3 | | tenants and lessees. | 4 | | (g) "Third-party land manager" means an individual, | 5 | | organization, or contractor under contract or agreement with | 6 | | the landowner or landowner's agent to manage the land. | 7 | | (h) "Gross negligence" means an act of willful, wanton, | 8 | | and reckless conduct. | 9 | | (Source: P.A. 95-108, eff. 8-13-07.) | 10 | | (525 ILCS 37/15) | 11 | | Sec. 15. Requirements; liability. | 12 | | (a) Before conducting a prescribed burn under this Act, a | 13 | | person shall: | 14 | | (1) obtain the written consent of the landowner; | 15 | | (2) have a written prescription approved by a | 16 | | certified prescribed burn manager; | 17 | | (3) have at least one certified prescribed burn | 18 | | manager present on site with a copy of the prescription | 19 | | while the burn is being conducted; | 20 | | (4) notify the local fire department, county | 21 | | dispatcher, 911 dispatcher, or other designated emergency | 22 | | dispatcher on the day of the prescribed burn; and | 23 | | (5) make a reasonable attempt to notify all adjoining | 24 | | property owners and occupants of the date and time of the | 25 | | prescribed burn. |
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| 1 | | (b) (Blank) The property owner and any person conducting a | 2 | | prescribed burn under this Act shall be liable for any actual | 3 | | damage or injury caused by the fire or resulting smoke upon | 4 | | proof of negligence . | 5 | | (b-5) No landowner or agent of the landowner shall be | 6 | | liable for damage, injury, or loss caused by a prescribed | 7 | | burning or smoke resulting from a prescribed burning unless | 8 | | the landowner or agent of the landowner is proven to be grossly | 9 | | negligent. | 10 | | (b-10) No certified prescribed burn manager shall be | 11 | | liable for damage, injury, or loss caused by a prescribed | 12 | | burning or smoke resulting from a prescribed burning conducted | 13 | | under an approved prescription unless the certified prescribed | 14 | | burn manager is proven to be grossly negligent. | 15 | | (c) Any prescribed burning conducted under this Act: | 16 | | (1) is declared to be in the public interest; | 17 | | (2) does not constitute a public or private nuisance | 18 | | when conducted in compliance with Section 9 of the | 19 | | Environmental Protection Act and all other State statutes | 20 | | and rules applicable to prescribed burning; and | 21 | | (3) is a property right of the property owner if | 22 | | naturally occurring vegetative fuels are used. | 23 | | (Source: P.A. 95-108, eff. 8-13-07.) | 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law. |
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