SCS/SB 301 - 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 negligent. Additionally, unless proven negligent, no certified burn manager shall be liable for damages caused by a prescribed burning or the resulting smoke. This act shall not apply 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 a provision in the truly agreed to and finally passed SS/HCS/HB 369 (2021), in HCS/SB 377 (2021), SCS/SB 661 (2020), HCS/HB 1547 (2020), and HB 978 (2019).
KATIE O'BRIEN