Bill > HB2514

This bill amends the Illinois Prescribed Burning Act to clarify and expand definitions and liability protections for prescribed burning, which is the planned and controlled use of fire for land management purposes. The bill introduces new definitions for terms like "landowner," "agent of the landowner," and "third-party land manager," and defines "gross negligence" as willful, wanton, and reckless conduct. It maintains the existing requirements for conducting a prescribed burn, such as obtaining written landowner consent, having an approved prescription, notifying local emergency services, and attempting to notify adjoining property owners. Critically, the bill significantly changes liability provisions by protecting landowners, agents, and certified prescribed burn managers from liability for damage, injury, or loss caused by a prescribed burn unless they are proven to be grossly negligent. The bill affirms that prescribed burning, when conducted properly, is in the public interest, does not constitute a nuisance, and is a property right when using naturally occurring vegetative fuels. These changes aim to encourage responsible land management practices while providing legal protection to those conducting prescribed burns.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2514&GAID=18&DocTypeID=HB&SessionID=114&GA=104