everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Environment

SB415

To Establish The Arkansas Prescribed Burning Act.

Passed

Last Action (April 11, 2023): Notification that SB415 is now Act 695

Sponsors

AI-Generated Summary

The Arkansas Prescribed Burning Act establishes a legal framework for the use of controlled fire as a forest and land management tool. The bill outlines the legislative benefits of prescribed burning, including wildfire risk reduction, ecosystem restoration, and the improvement of forest health. It defines the requirements for conducting such burns, including the creation of a formal 'prescribed burning prescription' and the designation of a 'qualified prescribed burner' who has completed state-approved training. The bill provides civil liability protection to landowners and their agents conducting burns in compliance with the act, stating that such actions do not constitute a public or private nuisance. It also requires notification of the Department of Agriculture prior to burning and mandates that the Department establish rules for burner certification. Finally, the bill exempts compliant prescribed burns from certain existing open-air fire regulations.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include forest landowners, land managers, and timber producers, who gain a formalized legal process for land maintenance and liability protections. The public also benefits from the potential reduction in wildfire risks and the preservation of natural ecosystems and wildlife habitats that rely on fire for health and productivity. Furthermore, state agencies like the Arkansas Department of Agriculture and the Arkansas State Game and Fish Commission benefit from a regulated, consistent framework for managing forest and wildlife resources.

Who Might Suffer?

Parties that may be negatively impacted include individuals living in proximity to managed forestlands, as they may be exposed to smoke or potential fire escapes, although the bill requires strict adherence to safety prescriptions to mitigate these risks. Additionally, individuals who suffer damages from a prescribed burn may face a higher burden of proof to successfully pursue a civil lawsuit, as they are required to prove negligence by the landowner or agent rather than relying on strict liability.

Vote Records

Third Reading

April 5, 2023
Yea: 94 Nay: 0 NV: 6 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House NV
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House NV
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House NV
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House NV
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House NV
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea

Third Reading

March 29, 2023
Yea: 30 Nay: 2 NV: 3 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate Nay
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Nay
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate NV
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us