SB3399 104TH GENERAL ASSEMBLY

LRB104 19829 WRO 33279 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3399

Introduced 2/4/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

525 ILCS 37/10
525 ILCS 37/15
525 ILCS 37/32 new
30 ILCS 105/5.1038 new

Amends the Illinois Prescribed Burning Act. Requires the Department of Natural Resources, after consulting with the Illinois Prescribed Fire Council and the Department of Insurance, to adopt rules establishing a Prescribed Burn Liability Claims Pilot Program for the purpose of providing, for a period of 6 years after the effective date of the amendatory Act, coverage for losses incurred by eligible persons as a result of prescribed burns conducted in accordance with the Act by certified prescribed burn managers. Sets forth programmatic requirements for the pilot program. Creates the Prescribed Burn Liability Claims Fund. Allows the Department to impose and collect specified premiums and fees to implement and administer the Act and to maintain the solvency of the Fund. Provides that moneys in the Fund shall be expended by the Department for purposes of the Prescribed Burn Liability Claims Pilot Program and its administration and for no other purpose. Allows the Department to contract with any entity to serve as the third-party administrator of the program and to assist in administering the Fund. Provides that the provisions of the amendatory Act shall not be construed to limit the liability of a person who is enrolled in the pilot program for damages in excess of the cap established by the Department by rule. Further provides that the provisions of the amendatory Act shall not be construed to impose liability on the State for any payment of any claim beyond the amount of moneys available in the Fund. Requires the Department to adopt rules. Defines terms. Amends the State Finance Act to make a conforming change. Effective immediately.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Prescribed Burning Act is amended by changing Sections 10 and 15 and by adding Section 32 as follows:

(525 ILCS 37/10)

Sec. 10. Definitions. As used in this Act:

(a) "Prescribed burning" means the planned application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.

(b) "Certified prescribed burn manager" means an individual who successfully completes an approved training program and receives proper certification.

(c) "Prescription" means a written plan for conducting a prescribed burn.

(d) "Department" means the Illinois Department of Natural Resources.

"Fund" means the Prescribed Burn Liability Claims Fund created under Section 32.

"Prescribed burn" or "prescribed burning" means the planned application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.

"Prescription" means a written plan for conducting a prescribed burn.

(Source: P.A. 95-108, eff. 8-13-07.)

(525 ILCS 37/15)

Sec. 15. Requirements; liability.

(a) Before conducting a prescribed burn under this Act, a person shall:

(1) obtain the written consent of the landowner;

(2) have a written prescription approved by a certified prescribed burn manager;

(3) have at least one certified prescribed burn manager present on site with a copy of the prescription while the burn is being conducted;

(4) notify the local fire department, county dispatcher, 911 dispatcher, or other designated emergency dispatcher on the day of the prescribed burn; and

(5) make a reasonable attempt to notify all adjoining property owners and occupants of the date and time of the prescribed burn.

(b) The property owner and any person conducting a prescribed burn under this Act shall be liable for any actual damage or injury caused by the fire or resulting smoke upon proof of negligence, except as provided under Section 32.

(c) Any prescribed burning conducted under this Act:

(1) is declared to be in the public interest;

(2) does not constitute a public or private nuisance when conducted in compliance with Section 9 of the Environmental Protection Act and all other State statutes and rules applicable to prescribed burning; and

(3) is a property right of the property owner if naturally occurring vegetative fuels are used.

(Source: P.A. 95-108, eff. 8-13-07.)

(525 ILCS 37/32 new)

Sec. 32. Prescribed Burn Liability Claims Pilot Program.

(a) The Department shall, after consulting with the Illinois Prescribed Fire Council and the Department of Insurance, adopt rules establishing a Prescribed Burn Liability Claims Pilot Program for the purpose of providing, for a period of 6 years after the effective date of this amendatory Act of the 104th General Assembly, coverage for losses incurred by eligible persons as a result of prescribed burns conducted in accordance with this Act by certified prescribed burn managers.

(b) The rules adopted by the Department to establish the Prescribed Burn Liability Claims Pilot Program shall, at a minimum, establish:

(1) procedures for certified prescribed burn managers to apply for coverage under the program following payment of a premium or fee set by the Department;

(2) premiums or fees for enrollment in the program;

(3) requirements for incident reports following prescribed burns;

(4) procedures for the submission of claims for coverage through the program;

(5) claim eligibility criteria that, at a minimum, provide that a claim is eligible for payment from the Fund only if:

(A) the claim results from a prescribed burn conducted by a certified prescribed burn manager in accordance with this Act and rules adopted under this Act after the date upon which the certified prescribed burn manager enrolls in the program;

(B) the claim is made for actual damages incurred by the claimant as a result of property damage, personal injury, or death caused by either:

(i) a prescribed burn conducted in accordance with the requirements of this Act by a certified prescribed burn manager who is enrolled in the program; or

(ii) smoke from such a prescribed burn;

(C) the claim is submitted within 30 days after either the date upon which the prescribed burn was completed, as determined by the certified prescribed burn manager, or the date upon which the claimant suffers damages that are reimbursable through the program, whichever is sooner; and

(D) the claim is investigated and verified as a valid claim by the Department or by a third-party administrator acting on behalf of the Department;

(6) provisions capping claim reimbursement for losses arising from any one prescribed burn at $1,000,000;

(7) a process for the prioritization of claims for payment and the adjustment of premiums if the eligible claims on the Fund exceed the amounts available in the Fund; and

(8) procedures for a claimant on the Fund to contest any claims that are denied.

(c) The Prescribed Burn Liability Claims Fund is hereby created as a special fund in the State treasury and shall consist of premiums and fees collected under this Act; gifts, grants, and donations that may be received for crediting to the Fund; and any other money that the General Assembly appropriates or transfers into the Fund. All interest and income earned on moneys deposited into the Fund shall be credited to the Fund. The Department may seek, accept, and expend gifts, grants, or donations from private or public sources to implement this Section. Subject to appropriation, moneys in the Fund shall be expended by the Department for purposes of the Prescribed Burn Liability Claims Pilot Program and its administration and for no other purpose. Moneys in the Fund shall be under the control of the Department, but a third-party administrator may, subject to the written approval of the Department and consistent with this Act and rules adopted under this Act, direct payments for claims from the Fund.

(d) The Department may, by rule, impose and collect premiums and fees it deems necessary to implement and administer this Act and to maintain the solvency of the Fund, including, but not limited to:

(1) a reasonable continuing education fee for certified prescribed burn managers; and

(2) a fee or premium for a certified prescribed burn manager to enroll for coverage under the program.

Premiums and fees collected pursuant to this Section shall be deposited into the Fund.

(e) The Department may contract with any entity, including another State agency, such as the Department of Insurance, to serve as the third-party administrator of the program and to assist in administering the Fund, including, but not limited to, managing and operating the Fund, adjusting claims made on the Fund, and paying eligible claims from the Fund consistent with this Act and rules adopted under this Act. A third-party administrator with whom the Department contracts under this subsection is prohibited from settling or adjusting claims for the Fund while acting as a nonadministrative claimant against the Fund.

(f) This Section shall not be construed to limit the liability of a person who is enrolled in the pilot program for damages in excess of the cap established by the Department by rule under paragraph (6) of subsection (b).

(g) This Section shall not be interpreted to impose liability on the State for any payment of any claim beyond the amount of moneys available in the Fund.

(h) The Department shall adopt rules to implement and administer this Section.

Section 10. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Prescribed Burn Liability Claims Fund.

Section 99. Effective date. This Act takes effect upon becoming law.