92nd General Assembly
Summary of HB1081
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House Sponsors:
SLONE-BOLAND-SMITH,MICHAEL, BELLOCK AND LYONS,EILEEN.

Senate Sponsors:
KARPIEL

Short description: 
FIRE PROTECT DIST-OPEN BURNING                                             

Synopsis of Bill as introduced:
        Amends  the  Fire  Protection  District  Act.   Allows   a   fire      
   protection  district  to regulate open burning within the district.         
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything.  Amends the  Fire  Protection  District  Act.      
   Allows  a  fire  protection  district to adopt an ordinance regulating      
   open burning in the  district.   Provides  that  the  fire  protection      
   district  may  require  notice  of an open burn, but may not require a      
   permit for an open burn. Provides that an open burning ordinance  must      
   be  consistent with the Department of Natural Resources' standards for      
   controlled burns.  Provides that an open burning ordinance may not  be      
   enforced  by  the  district  in  a  municipality  with a population of      
   1,000,000 or more.  Provides that persons  setting  an  open  burn  on      
   agricultural  land  may  voluntarily comply with the ordinance and the      
   Department of Natural Resources' standards.                                 
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything.  Reinserts the provisions of the bill as           
   amended with changes. Deletes language providing the persons setting        
   an open burn on agricultural land may voluntarily comply with the           
   Department of Natural Resources' standards. Allows the fire department      
   of a fire protection district to extinguish certain open burns.             
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          In the opinion of DCCA, HB 1081 (H-am 1) does not create a           
          State mandate under the State Mandates Act.                          
          HOME RULE NOTE, H-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          HB 1081 (H-am 1) does not relate to the powers and duties of a       
          home rule unit of local government, nor does it pre-empt home        
          rule authority.                                                      
          FISCAL NOTE, H-AM 1 (State Fire Marshal)                             
          HB 1081 (H-am 1) requires no expenditure of State funds.             
          Additionally, there is no impact on State revenue.                   
        HOUSE AMENDMENT NO. 5.                                                 
        Further amends the Fire Protection District Act.  Provides that a      
   fire protection district may regulate open burning for the purpose  of      
   preventing   and   controlling  unreasonable  fire  risk  (instead  of      
   preventing and controlling fire).  Provides  that  a  fire  protection      
   district  shall  not  (instead  of  may not) require a permit for open      
   burning.                                                                    
        SENATE AMENDMENT NO. 2.                                                
        Provides that, in addition to a municipality  with  a  population      
   with  1,000,000  or  more,  a county with a population of 3,000,000 or      
   more is exempt  from  any  fire  protection  district's  ordinance  to      
   regulate  open  burning. Provides that a fire protection district may,      
   by ordinance, require that the district be notified  of  open  burning      
   within  the  district  before it takes place (instead of authorizing a      
   fire protection district  to,  by  ordinance,  regulate  open  burning      
   within  the  district  for  the  purpose of preventing and controlling      
   unreasonable fire risk).                                                    
 
Last action on Bill: PUBLIC ACT.............................. 92-0762

   Last action date: AUG-06-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   1


   END OF INQUIRY 



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