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HB 1045

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.

2025 Regular Session Introduced by Fran Cavenaugh

House Bill 1045 aimed to set safety requirements for crop residue burning in Arkansas, protecting compliant farmers from liability while promoting responsible practices.

Died on House Calendar at Sine Die adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 1045

Summary of House Bill 1045

Bill Number: HB 1045
Title: 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.
Status: Died on House Calendar at Sine Die adjournment
Introduced: November 21, 2024
Effective Date: July 1, 2026 (if enacted)

Purpose and Intent

House Bill 1045 aims to establish specific requirements for individuals planning to conduct crop residue burns in Arkansas. The bill seeks to ensure that these burns are managed safely and responsibly while also addressing the liability of individuals who adhere to the established guidelines.

Key Provisions

The bill includes several important provisions:

  1. Reporting Requirements:

    • Individuals planning a crop residue burn must report their intentions to the Arkansas Department of Agriculture before commencing the burn.

  2. Compliance with Guidelines:

    • The burn must comply with the Arkansas Voluntary Smoke Management Guidelines for Row Crop Burning.

  3. Liability Protection:

    • Individuals who conduct a crop residue burn in compliance with the requirements will not be held liable for damages or injuries caused by the fire, including issues arising from smoke or reignition of a contained fire, unless negligence can be proven by the claimant.

  4. Confidentiality of Information:

    • Information reported to the Department of Agriculture regarding the burn is exempt from public records under the Freedom of Information Act of 1967.

  5. Civil Penalties:

    • The bill also proposes civil penalties for non-compliance with the established requirements, although specific penalties were not detailed in the provided text.

Impact

  • Affected Parties:

    • The legislation primarily affects farmers and agricultural producers who engage in crop residue burning. It also impacts the Arkansas Department of Agriculture, which will oversee the reporting and compliance processes.

  • Legal and Financial Implications:

    • By providing liability protection, the bill encourages farmers to follow safe burning practices without the fear of legal repercussions, promoting responsible agricultural practices.

Legislative Timeline

  • November 21, 2024: Bill filed.
  • January 13, 2025: Read for the first time and referred to the Committee on Agriculture, Forestry & Economic Development.
  • February 19, 2025: Amendment No. 1 adopted; bill ordered engrossed.
  • April 2, 2025: Returned by the committee with a "Do Pass" recommendation.
  • April 3, 2025: Read for the third time and failed.
  • May 5, 2025: Died on House Calendar at Sine Die adjournment.

Conclusion

House Bill 1045 was designed to enhance the management of crop residue burning in Arkansas by establishing clear requirements and protections for individuals involved in this practice. Despite its intent to promote safe agricultural practices, the bill ultimately did not progress through the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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