HB1045

To Place Certain Requirements On An Individual Planning A Crop Residue Burn; And To Address Liability Of An Individual Who Has Followed Crop Residue Burn Requirements.

Failed

Last Action (May 5, 2025): Died on House Calendar at Sine Die adjournment.

AI-Generated Summary

House Bill 1045 establishes new regulatory requirements for individuals conducting crop residue burns in Arkansas. The bill mandates that all such burns must be reported to the Department of Agriculture prior to commencement and must adhere to the Arkansas Voluntary Smoke Management Guidelines for Row Crop Burning. It provides a liability shield for individuals who comply with these requirements, protecting them from civil action for damages related to the fire or smoke unless negligence is proven by a preponderance of the evidence. Furthermore, the bill specifies that information reported to the department regarding these burns is exempt from the state's Freedom of Information Act. The legislation is set to take effect on July 1, 2026.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are farmers and agricultural producers who utilize controlled burning as a method for managing crop residue. By establishing clear compliance standards and providing a statutory framework for limiting civil liability, the bill offers these individuals greater legal certainty and protection against litigation for damages resulting from fires or smoke, provided they follow established guidelines.

Who Might Suffer?

Individuals or entities, such as neighboring property owners or the general public, who might suffer damages from smoke or fire spreading from a crop residue burn may be negatively impacted. Because the bill establishes a liability shield, it increases the burden of proof on claimants to demonstrate negligence in a civil action. Additionally, the exemption of burn reports from the Freedom of Information Act limits public transparency regarding who is conducting burns and where they are located, which may hinder the ability of affected parties to gather information.

Vote Records

Third Reading

April 3, 2025

Yea: 33 Nay: 40 NV: 27 Absent: 0 Failed

View individual votes (100)

Legislator	Party	Chamber	Vote
Tracy Steele	Democrat	House	Nay
Fred Allen	Democrat	House	Yea
Lane Jean	Republican	House	NV
Stephen Meeks	Republican	House	NV
Mark Perry	Democrat	House	Yea
Jon Eubanks	Republican	House	Nay
Matthew Shepherd	Republican	House	NV
Jeff Wardlaw	Republican	House	Nay
Bruce Cozart	Republican	House	Yea
David Whitaker	Democrat	House	NV
Mike Holcomb	Republican	House	NV
Stephen Magie	Democrat	House	Nay
Mark McElroy	Republican	House	Nay
Richard Womack	Republican	House	Nay
Jack Ladyman	Republican	House	Yea
Robin Lundstrum	Republican	House	Yea
Dwight Tosh	Republican	House	Yea
Rick Beck	Republican	House	Yea
Mary Bentley	Republican	House	NV
Les Eaves	Republican	House	Yea
Justin Gonzales	Republican	House	Nay
Julie Mayberry	Republican	House	NV
Ken Ferguson	Democrat	House	Yea
Ron Mcnair	Republican	House	Yea
Marcus Richmond	Republican	House	Yea
Deann Vaught	Republican	House	NV
Karilyn Brown	Republican	House	Yea
Sonia Eubanks Barker	Republican	House	Yea
Frances Cavenaugh	Republican	House	Yea
Jimmie Gazaway	Republican	House	NV
Roger Lynch	Republican	House	Nay
John Maddox	Republican	House	Nay
Aaron Pilkington	Republican	House	NV
Johnny Rye	Republican	House	Nay
Les Warren	Republican	House	Yea
Carlton Wing	Republican	House	Yea
Austin Mccollum	Republican	House	NV
Carol Dalby	Republican	House	Yea
Steve Hollowell	Republican	House	NV
Brian Evans	Republican	House	NV
Lee Johnson	Republican	House	Yea
Andrew Collins	Democrat	House	Nay
Stan Berry	Republican	House	NV
Harlan Breaux	Republican	House	Yea
Cameron Cooper	Republican	House	Nay
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
Jim Wooten	Republican	House	Nay
Denise Ennett	Democrat	House	NV
Richard McGrew	Republican	House	NV
Joy Springer	Democrat	House	NV
Howard Beaty	Republican	House	Yea
Tony Furman	Republican	House	Yea
Kendon Underwood	Republican	House	Nay
David Ray	Republican	House	Nay
John Carr	Republican	House	Nay
Rick McClure	Republican	House	Yea
Keith Brooks	Republican	House	Nay
Ashley Hudson	Democrat	House	NV
Jon Milligan	Republican	House	NV
RJ Hawk	Republican	House	Nay
Wade Andrews	Republican	House	Nay
Rebecca Burkes	Republican	House	Nay
Hope Duke	Republican	House	Nay
Zack Gramlich	Republican	House	Nay
Mindy McAlindon	Republican	House	Nay
Matt Duffield	Republican	House	Nay
Stetson Painter	Republican	House	Nay
Steve Unger	Republican	House	NV
Wayne Long	Republican	House	NV
Scott Richardson	Republican	House	Nay
Brandon Achor	Republican	House	Yea
Jeremiah Moore	Republican	House	Nay
Joey Carr	Republican	House	Nay
Matt Brown	Republican	House	Nay
Shad Pearce	Republican	House	Yea
Chad Puryear	Republican	House	Nay
Ryan Rose	Republican	House	Nay
Bart Schulz	Republican	House	Nay
Trey Steimel	Republican	House	Nay
Tara Shephard	Democrat	House	Yea
Jeremy Wooldridge	Republican	House	Nay
Kendra Moore	Republican	House	Yea
Brit McKenzie	Republican	House	Nay
Steven Walker	Republican	House	NV
Glenn Barnes	Democrat	House	Yea
Lincoln Barnett	Democrat	House	Nay
Alyssa Brown	Republican	House	NV
Nick Burkes	Republican	House	Nay
Paul Childress	Republican	House	Nay
James Eaton	Republican	House	NV
Brad Hall	Republican	House	NV
Dolly Henley	Republican	House	Yea
Jessie McGruder	Democrat	House	NV
Jason Nazarenko	Republican	House	Nay
Randy Torres	Republican	House	Nay
Diana Gonzales Worthen	Democrat	House	Yea

Read Full Bill on arkleg.state.ar.us