HB 12-1361 Summary

• Creates new definitions for "prescribed fire" (fire applied under written prescription for vegetative fuels) and "controlled agricultural burn" (farming technique to clear crop residue and reduce fire risk), distinguishing prescribed fire from agricultural burns.

• Establishes sovereign immunity waiver for the state on prescribed fire claims occurring on or after January 1, 2012, allowing claimants to sue if they can prove negligence.

• Prohibits application of absolute or strict liability in prescribed fire injury cases; requires proof of negligence to impose liability on the state.

• Authorizes the State Claims Board to recommend to the General Assembly that it approve payment exceeding statutory liability limits, with recommendations considering fairness and public interest but excluding noneconomic damages.

• Applies to all claims asserted against the state on or after January 1, 2012.