Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2972

Introduced
1/31/24  

Caption

PRESCRIBED BURNING-LIABILITY

Impact

One of the notable aspects of SB2972 is the provision that protects certified prescribed burn managers, landowners, and their agents from liability related to damages or injuries caused by a prescribed burn or smoke, unless gross negligence can be proven. This change is significant as it offers a clearer legal standing for those involved in prescribed burning, potentially encouraging more landowners to engage in this environmentally beneficial practice without the fear of litigation. The bill asserts that such burns, when conducted properly, are in the public interest and establish a property right for landowners.

Summary

SB2972 amends the Illinois Prescribed Burning Act to establish specific procedures that need to be followed prior to conducting a prescribed burn. The bill is intended to provide a legal framework for the practice of controlled burning, which is essential for land management and environmental stewardship. By outlining the required protocols, it aims to ensure that prescribed burns are conducted safely and effectively, preserving important ecological functions while minimizing risks associated with such activities.

Contention

However, the bill may face some concerns regarding the determination of 'gross negligence', as the threshold for liability is raised, which could lead to disputes over what constitutes acceptable levels of care during a burn. Additionally, the lack of specific criteria for assessing environmental risks associated with prescribed burns could provoke debates among stakeholders, particularly from environmentalists worried about air quality and safety impacts in nearby communities. Overall, SB2972 seeks to strengthen the legal framework around prescribed burns while fostering a more responsible approach to land management.

Companion Bills

No companion bills found.

Previously Filed As

IL HB4717

PRESCRIBED BURNING-LIABILITY

IL HB2514

PRESCRIBED BURNING-LIABILITY

IL SB332

Civil liability: prescribed burning operations: gross negligence.

IL AB2585

Prescribed burns: burn managers: liability.

IL HB1557

Prescribed burning.

IL HB773

Provides with respect to liability for prescribed burnings

IL HB84

Revise liability, training for prescribed fires

IL HB1091

Relating to liability arising from certain prescribed burning activity.

IL SB415

To Establish The Arkansas Prescribed Burning Act.

IL AB575

Civil liability: prescribed burning activities: gross negligence.

Similar Bills

NJ A5782

Establishes deadline for DEP implementation of prescribed burn program, and provides for establishment of prescribed burn acreage goals, schedules, calendars, training program, and mobile deployment units to provide on-site prescribed burn training and assistance.

CA AB2585

Prescribed burns: burn managers: liability.

CA AB2741

Prescription drugs: opioid medications: minors.

CA AB771

Burning of forest lands: forest land owners.

CA AB2091

Fire prevention: prescribed burns: insurance pool.

IN HB1557

Prescribed burning.

AR SB415

To Establish The Arkansas Prescribed Burning Act.

CA AB2086

Controlled substances: CURES database.