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House Bill 208

Actions | Amendments
Last Action signed by Governor (Acts, ch. 30)
Title AN ACT relating to the Prescribed Fire Program.
Bill Documents Bill
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 494
Sponsors T. McKee, M. Denham, R. Crimm, S. Riggs, W. Stone
Summary of Original Version Create new sections of KRS Chapter 149 to establish definitions for "cabinet," "certified prescribed fire boss," "division," "prescribed fire," and "prescribed fire program" and require the Energy and Environment Cabinet to promulgate administrative regulations no later than July 15, 2017, to develop a comprehensive prescribed fire program and a training, education, and experience for certified prescribed fire boss; require approval of a prescribed fire plan by the Division of Forestry prior to a burn; provide liability coverage requirements for the certified prescribed fireboss; require the fire boss to be in conduct of the prescribed fire at all times; establish waiver of liability coverage for prescribed fires conducted by state employees as a part of their employment duties; allow for recovery of public damages from the Board of Claims; declare prescribed fire use as in public interest and not a nuisance to the public; amend KRS 149.400 to exempt prescribed fire from the fire seasons and require prescribed fire use be approved by the Division of Forestry; amend KRS 149.401 to exempt prescribed fire use from local ordinances banning all open burning; amend KRS 149.990 to make conduct of prescribed fire by persons who are not certified and do not meet requirements of the act subject to fine, imprisonment, or both.
Index Headings of Original Version Corrections Impact - Prescribed fire program creation of
Environment and Conservation - Prescribed Fire Program, license, training, responsibility for
Fire Prevention - Prescribed fire, county firefighting, program, cost recovery for
Firefighters and Fire Departments - County firefighting, cabinet funds for
Fish and Wildlife - Prescribed fire program, creation of
Forests and Forestry - Prescribed fire program creation of
Fuel - Prescribed fire program, burn plan, acres of fuel, plan for
Insurance - Prescribed fire license, liability insurance requirement for
Land Use - Prescribed fire, authorization for use, program for
Local Government - Local burn ban ordinances, prescribed fire, exemption for
Notices - Prescribed fire, notice requirements for
Nuisances - Prescribed fire, declaration as not public nuisance
Safety - Prescribed fire, safety requirements for
State Agencies - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
State Employees - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
Public Safety - Prescribed fire program, safety requirements for
Cities - Prescribed fire, city burn ban ordinances, exemption from
Civil Actions - Prescribed fire, actions, immunity from
Claims - Board of Claims, prescribed fire, agency subject to
Counties - Prescribed fire, ordinances, burn bans, exemption from
Local Mandate - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
Proposed Amendments House Committee Substitute 1
House Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
01/08/16
  • introduced in House
01/11/16
  • to Natural Resources & Environment (H)
02/02/16
  • posted in committee
02/18/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) committee amendment (1-title)
02/19/16
  • 2nd reading, to Rules
02/22/16
  • posted for passage in the Regular Orders of the Day for for Tuesday, February 23, 2016
02/23/16
  • 3rd reading, passed 88-3 with Committee Substitute (1) committee amendment (1-title)
02/24/16
  • received in Senate
02/26/16
  • to Natural Resources & Energy (S)
03/16/16
  • reported favorably, 1st reading, to Consent Calendar
03/17/16
  • 2nd reading, to Rules
03/18/16
  • posted for passage in the Consent Orders of the Day for Monday, March 21, 2016 (Consent Orders #2)
03/21/16
  • passed over and retained in the Consent Orders of the Day
03/22/16
  • 3rd reading, passed 38-0
  • received in House
03/23/16
  • enrolled, signed by Speaker of the House
03/24/16
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/04/16
  • signed by Governor (Acts, ch. 30)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Delete all sections of the bill in its entirety; allow the Division of Forestry to exempt a person certified by the Kentucky Prescribed Fire Council's Burn Boss program from the requirements of KRS Chapter 149 except that prescribe fires shall not be set during local burn bans or red flag warning days; require persons exempted to give notice to the Division of Forestry 24 hours prior to the burn and notice to local landowners and local EMS the day of the burn.
Index Headings Corrections Impact - Prescribed fire program creation of
Environment and Conservation - Prescribed Fire Program, license, training, responsibility for
Fire Prevention - Prescribed fire, county firefighting, program, cost recovery for
Firefighters and Fire Departments - County firefighting, cabinet funds for
Fish and Wildlife - Prescribed fire program, creation of
Forests and Forestry - Prescribed fire program creation of
Fuel - Prescribed fire program, burn plan, acres of fuel, plan for
Insurance - Prescribed fire license, liability insurance requirement for
Land Use - Prescribed fire, authorization for use, program for
Local Government - Local burn ban ordinances, prescribed fire, exemption for
Notices - Prescribed fire, notice requirements for
Nuisances - Prescribed fire, declaration as not public nuisance
Safety - Prescribed fire, safety requirements for
State Agencies - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
State Employees - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
Public Safety - Prescribed fire program, safety requirements for
Cities - Prescribed fire, city burn ban ordinances, exemption from
Civil Actions - Prescribed fire, actions, immunity from
Claims - Board of Claims, prescribed fire, agency subject to
Counties - Prescribed fire, ordinances, burn bans, exemption from
Local Mandate - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for

Amendment House Committee Amendment 1
Sponsor F. Steele
Summary Make title amendment.
Index Headings Corrections Impact - Prescribed fire program creation of
Environment and Conservation - Prescribed Fire Program, license, training, responsibility for
Fire Prevention - Prescribed fire, county firefighting, program, cost recovery for
Firefighters and Fire Departments - County firefighting, cabinet funds for
Fish and Wildlife - Prescribed fire program, creation of
Forests and Forestry - Prescribed fire program creation of
Fuel - Prescribed fire program, burn plan, acres of fuel, plan for
Insurance - Prescribed fire license, liability insurance requirement for
Land Use - Prescribed fire, authorization for use, program for
Local Government - Local burn ban ordinances, prescribed fire, exemption for
Notices - Prescribed fire, notice requirements for
Nuisances - Prescribed fire, declaration as not public nuisance
Safety - Prescribed fire, safety requirements for
State Agencies - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
State Employees - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for
Public Safety - Prescribed fire program, safety requirements for
Cities - Prescribed fire, city burn ban ordinances, exemption from
Civil Actions - Prescribed fire, actions, immunity from
Claims - Board of Claims, prescribed fire, agency subject to
Counties - Prescribed fire, ordinances, burn bans, exemption from
Local Mandate - Prescribed fire, state employee certified prescribed fire boss, liability coverage waiver for

Last updated: 1/16/2019 3:08 PM (EST)