Perfected

HCS/HB 369 - This act establishes the Prescribed Burning Act, which specifies that no landowner or agent of a landowner shall be liable for damages caused by a prescribed burning or the resulting smoke unless the landowner or agent is proven to be negligent. Additionally, unless proven to be negligent, no certified burn manager shall be liable for damages caused by a prescribed burning or the resulting smoke conducted pursuant to a prescribed burn plan.

This act shall not apply to any damage, injury, or loss caused by a prescribed burning or the resulting smoke from a prescribed burning to any property, land, right-of-way, or easement owned by a public utility, municipally-owned utility, rural electric cooperative, corporation organized for the purpose of supplying electric energy, or electric corporations operating under a cooperative business plan. Additionally, this act shall not apply to any property, land, right-of-way, or easement appurtenant or incidental to lands controlled by any railroad.

This act is similar to SCS/SB 301 (2021), SCS/SB 661 (2020), HCS/HB 1547 (2020), and HB 978 (2019).

KATIE O'BRIEN


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