Oklahoma House Bill HB3192

Oklahoma 2024 Regular Session

• Introduced: 2/5/24
• Refer: 2/6/24
• Report Pass: 2/7/24
• Engrossed: 2/20/24
• Refer: 3/19/24
• Report Pass: 4/8/24
• Enrolled: 4/24/24
• Passed: 4/29/24

Caption

Forestry administration and enforcement; forestry code; wildfire prevention; effective date.

Impact

The impact of HB 3192 on state laws is significant as it modifies existing regulations regarding forest fire management and liability. The bill aims to balance landowners' rights with public safety by allowing prescribed burns, which can be necessary for land management while laying down strict guidelines on notification and liability. Under the modifications, property owners conducting a prescribed burn will be liable only for actual damages unless gross negligence is proven, promoting responsible land management practices while reducing the fear of litigation for property owners working to manage their land effectively.

Summary

House Bill 3192 seeks to amend the Oklahoma Forestry Code with a focus on forestry administration and enforcement, specifically enhancing the state's ability to manage wildfires. It defines critical terms related to wildfire management and prescribes duties for the Oklahoma Department of Agriculture, Food, and Forestry's Forestry Division. The bill emphasizes liability limitations for landowners conducting prescribed burns while establishing clear notification processes for adjacent landowners about such burns. It ultimately aims to streamline wildfire prevention and response efforts across Oklahoma.

Sentiment

The general sentiment surrounding HB 3192 appears to be supportive from both governmental and environmental perspectives. Proponents appreciate the foresight in establishing a structured framework to handle wildfires, which are an increasing concern due to climate factors and changing land uses. However, there may be some contention around liability, particularly regarding what constitutes gross negligence and how it may affect landowner behaviors when managing their own properties. Stakeholders acknowledge the need for effective wildfire management strategies, but with varying degrees of concern regarding property rights and local autonomy.

Contention

Notable points of contention include the definition of negligence in the context of prescribed burns and how liability is determined in cases of wildfire spread from controlled burns. Concerns were raised about landowners potentially being held accountable for unavoidable accidents despite following established protocols. Additionally, the bill's emphasis on requiring landowners to notify neighbors of prescribed burns could lead to friction in communal relationships, particularly if agricultural and residential lands intermingle.