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Committee adopts liability and damage-limit amendments to prescribed burning bill and passes measure
Summary
The committee approved committee amendments to House Bill 15-57, clarifying liability standards for prescribed burns, limiting recoverable damages to actual damages, and providing certain liability protections for DNR officers; the bill passed the committee 8-0 and will move forward.
The Senate Natural Resources Committee passed House Bill 15-57 after adopting committee amendments that revise the liability standard for prescribed burns, limit damage awards to actual damages, and clarify liability protections for Department of Natural Resources personnel in emergency circumstances.
Kyle (committee staff) explained committee amendment number 3, which removes a gross‑negligence immunity for landowners, landowner agents or prescribed-burn managers and instead treats liability under a standard negligence framework; the amendment also limits recoverable damages for injuries or losses from a prescribed burn to actual damages. The amendment additionally provides liability protection for certain DNR officers from tort claims arising from prescribed burn response.
Committee amendment number 5 inserted the term “municipality” into relevant definitions, a change the chair said was requested by Save the Dunes and had no objection from DNR staff.
After discussion the committee adopted the amendments by consent and voted to pass the bill as amended. The clerk recorded passage with eight yeas, zero nays and one excused vote. Committee members said the changes reflected prior discussions and aimed to clarify the legal standard and financial exposure tied to prescribed burning practices.
The bill will proceed to the next committee assignment for further review.
