Arkansas 2025 Regular Session

Arkansas House Bill HB1045 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	CRH008 11/21/2024 7:26:18 AM CRH008
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1045 3
6	6	4
7	7	By: Representative Cavenaugh 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT REGARDING CROP RESIDUE BURNS; TO PLACE CERTAIN 9
12	12	REQUIREMENTS ON AN INDIVIDUAL PLANNING A CROP RESIDUE 10
13	13	BURN; TO ADDRESS LIABILITY OF AN INDIVIDUAL WHO HAS 11
14	14	FOLLOWED CROP RESIDUE BURN REQUIREMENTS; TO PROVIDE 12
15	15	CIVIL PENALTIES; AND FOR OTHER PURPOSES. 13
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17	17	15
18	18	Subtitle 16
19	19	TO PLACE CERTAIN REQUIREMENTS ON AN 17
20	20	INDIVIDUAL PLANNING A CROP RESIDUE BURN; 18
21	21	TO ADDRESS LIABILITY OF AN INDIVIDUAL 19
22	22	WHO HAS FOLLOW CROP RESIDUE BURN 20
23	23	REQUIREMENTS; AND TO PROVIDE CIVIL 21
24	24	PENALTIES. 22
25	25	23
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
27	27	25
28	28	SECTION 1. Arkansas Code Title 2, Chapter 1, Subchapter 1, is amended 26
29	29	to add an additional section to read as follows: 27
30	30	2-1-103. Crop residue burn requirements — Liability — Penalty. 28
31	31	(a) A crop residue burn shall: 29
32	32	(1) Be reported to the Department of Agriculture for approval 30
33	33	before burning commences; and 31
34	34	(2) Comply with the Arkansas Voluntary Smoke Management 32
35	35	Guidelines for Row Crop Burning. 33
36	36	(b) A crop residue burn is not prohibited in a county with a burn ban 34
37	37	unless the Forestry Division of the Department of Agriculture determines all 35
38	38	burning is unsafe in the county. 36 HB1045
39	39
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41	41	(c) An individual who conducts a crop residue burn in compliance with 1
42	42	this section is not liable in a civil action for any damage or injury caused 2
43	43	by a fire in the crop residue burn, including without limitation the 3
44	44	reignition of a smoldering and previously contained fire or resulting from 4
45	45	smoke, unless the claimant proves by a preponderance of the evidence that the 5
46	46	claimant suffered damages as a result of negligence by the individual in 6
47	47	planning, implementing, or conducting the crop residue burn. 7
48	48	(d) An individual who conducts a crop residue burn in violation of 8
49	49	this section shall pay the following civil penalties to the department: 9
50	50	(1) Twenty-five thousand dollars ($25,000) for the first 10
51	51	violation; 11
52	52	(2) Fifty thousand dollars ($50,000) for a second violation; and 12
53	53	(3) Seventy-five thousand dollars ($75,000) for each subsequent 13
54	54	violation beyond the second. 14
55	55	(e) A decision of the department to assess a civil penalty on an 15
56	56	individual for a violation under subsection (d) of this section may be 16
57	57	appealed by the individual as provided in the Arkansas Administrative 17
58	58	Procedure Act, § 25-15-201 et seq. 18
59	59	(f) Moneys collected through a civil penalty assessed by the 19
60	60	department under this section shall be distributed to the Agri Scholarship 20
61	61	Program under § 25-38-212. 21
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