PRESCRIBED BURN CLAIM PROGRAM

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5306

Introduced 2/10/2026, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

525 ILCS 37/10
525 ILCS 37/15
525 ILCS 37/32 new
30 ILCS 105/5.1038 new

Amends the Illinois Prescribed Burning Act. Requires the Department
of Natural Resources, after consulting with the Illinois Prescribed Fire
Council and the Department of Insurance, to adopt rules establishing a
Prescribed Burn Liability Claims Pilot Program for the purpose of
providing, for a period of 6 years after the effective date of the
amendatory Act, coverage for losses incurred by eligible persons as a
result of prescribed burns conducted in accordance with the Act by
certified prescribed burn managers. Sets forth programmatic requirements
for the pilot program. Creates the Prescribed Burn Liability Claims Fund.
Allows the Department to impose and collect specified premiums and fees to
implement and administer the Act and to maintain the solvency of the Fund.
Provides that moneys in the Fund shall be expended by the Department for
purposes of the Prescribed Burn Liability Claims Pilot Program and its
administration and for no other purpose. Allows the Department to contract
with any entity to serve as the third-party administrator of the program
and to assist in administering the Fund. Provides that the provisions of
the amendatory Act shall not be construed to limit the liability of a
person who is enrolled in the pilot program for damages in excess of the
cap established by the Department by rule. Further provides that the
provisions of the amendatory Act shall not be construed to impose
liability on the State for any payment of any claim beyond the amount of
moneys available in the Fund. Requires the Department to adopt rules.
Defines terms. Amends the State Finance Act to make a conforming change.
Effective immediately.
LRB104 19830 BDA 33280 b

A BILL FOR

HB5306
LRB104 19830 BDA 33280 b
1

AN ACT concerning conservation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Prescribed Burning Act is amended
5
by changing Sections 10 and 15 and by adding Section 32 as
6
follows:

7

(525 ILCS 37/10)
8

Sec. 10.
Definitions.
As used in this Act:
9

(a) "Prescribed burning" means the planned application of
10
fire to naturally occurring vegetative fuels under specified
11
environmental conditions and following appropriate
12
precautionary measures, which causes the fire to be confined
13
to a predetermined area and accomplish the planned land
14
management objectives.

15

(b)
"Certified prescribed burn manager" means an
16
individual who successfully completes an approved training
17
program and receives proper certification.
18

(c) "Prescription" means a written plan for conducting a
19
prescribed burn.

20

(d)
"Department" means the Illinois Department of Natural
21
Resources.
22

"Fund" means the Prescribed Burn Liability Claims Fund
23
created under Section 32.

HB5306
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LRB104 19830 BDA 33280 b
1

"Prescribed burn" or "prescribed burning" means the
2
planned application of fire to naturally occurring vegetative
3
fuels under specified environmental conditions and following
4
appropriate precautionary measures, which causes the fire to
5
be confined to a predetermined area and accomplish the planned
6
land management objectives.

7

"Prescription" means a written plan for conducting a
8
prescribed burn.

9
(Source: P.A. 95-108, eff. 8-13-07.)

10

(525 ILCS 37/15)
11

Sec. 15.
Requirements; liability.
12

(a) Before conducting a prescribed burn under this Act, a
13
person shall:
14

(1) obtain the written consent of the landowner;
15

(2) have a written prescription approved by a
16

certified prescribed burn manager;
17

(3) have at least one certified prescribed burn
18

manager present on site with a copy of the prescription
19

while the burn is being conducted;
20

(4) notify the local fire department, county
21

dispatcher, 911 dispatcher, or other designated emergency
22

dispatcher on the day of the prescribed burn; and
23

(5) make a reasonable attempt to notify all adjoining
24

property owners and occupants of the date and time of the
25

prescribed burn.

HB5306
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LRB104 19830 BDA 33280 b
1

(b) The property owner and any person conducting a
2
prescribed burn under this Act shall be liable for any actual
3
damage or injury caused by the fire or resulting smoke upon
4
proof of negligence
, except as provided under Section 32
.
5

(c) Any prescribed burning conducted under this Act:
6

(1) is declared to be in the public interest;
7

(2) does not constitute a public or private nuisance
8

when conducted in compliance with Section 9 of the
9

Environmental Protection Act and all other State statutes
10

and rules applicable to prescribed burning; and
11

(3) is a property right of the property owner if
12

naturally occurring vegetative fuels are used.
13
(Source: P.A. 95-108, eff. 8-13-07.)

14

(525 ILCS 37/32 new)
15

Sec. 32.
Prescribed Burn Liability Claims Pilot Program.
16

(a) The Department shall, after consulting with the
17
Illinois Prescribed Fire Council and the Department of
18
Insurance, adopt rules establishing a Prescribed Burn
19
Liability Claims Pilot Program for the purpose of providing,
20
for a period of 6 years after the effective date of this
21
amendatory Act of the 104th General Assembly, coverage for
22
losses incurred by eligible persons as a result of prescribed
23
burns conducted in accordance with this Act by certified
24
prescribed burn managers.

25

(b) The rules adopted by the Department to establish the

HB5306
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LRB104 19830 BDA 33280 b
1
Prescribed Burn Liability Claims Pilot Program shall, at a
2
minimum, establish:

3

(1) procedures for certified prescribed burn managers
4

to apply for coverage under the program following payment
5

of a premium or fee set by the Department;

6

(2) premiums or fees for enrollment in the program;

7

(3) requirements for incident reports following
8

prescribed burns;

9

(4) procedures for the submission of claims for
10

coverage through the program;

11

(5) claim eligibility criteria that, at a minimum,
12

provide that a claim is eligible for payment from the Fund
13

only if:
14

(A) the claim results from a prescribed burn
15

conducted by a certified prescribed burn manager in
16

accordance with this Act and rules adopted under this Act
17

after the date upon which the certified prescribed burn
18

manager enrolls in the program;

19

(B) the claim is made for actual damages incurred
20

by the claimant as a result of property damage,
21

personal injury, or death caused by either:
22

(i) a prescribed burn conducted in accordance
23

with the requirements of this Act by a certified
24

prescribed burn manager who is enrolled in the
25

program; or

26

(ii) smoke from such a prescribed burn;

HB5306
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LRB104 19830 BDA 33280 b
1

(C) the claim is submitted within 30 days after
2

either the date upon which the prescribed burn was
3

completed, as determined by the certified prescribed
4

burn manager, or the date upon which the claimant
5

suffers damages that are reimbursable through the
6

program, whichever is sooner; and

7

(D) the claim is investigated and verified as a
8

valid claim by the Department or by a third-party
9

administrator acting on behalf of the Department;

10

(6) provisions capping claim reimbursement for losses
11

arising from any one prescribed burn at $1,000,000;
12

(7) a process for the prioritization of claims for
13

payment and the adjustment of premiums if the eligible
14

claims on the Fund exceed the amounts available in the
15

Fund; and

16

(8) procedures for a claimant on the Fund to contest
17

any claims that are denied.

18

(c) The Prescribed Burn Liability Claims Fund is hereby
19
created as a special fund in the State treasury and shall
20
consist of premiums and fees collected under this Act; gifts,
21
grants, and donations that may be received for crediting to
22
the Fund; and any other money that the General Assembly
23
appropriates or transfers into the Fund. All interest and
24
income earned on moneys deposited into the Fund shall be
25
credited to the Fund. The Department may seek, accept, and
26
expend gifts, grants, or donations from private or public

HB5306
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LRB104 19830 BDA 33280 b
1
sources to implement this Section. Subject to appropriation,
2
moneys in the Fund shall be expended by the Department for
3
purposes of the Prescribed Burn Liability Claims Pilot Program
4
and its administration and for no other purpose. Moneys in the
5
Fund shall be under the control of the Department, but a
6
third-party administrator may, subject to the written approval
7
of the Department and consistent with this Act and rules
8
adopted under this Act, direct payments for claims from the
9
Fund.
10

(d) The Department may, by rule, impose and collect
11
premiums and fees it deems necessary to implement and
12
administer this Act and to maintain the solvency of the Fund,
13
including, but not limited to:

14

(1) a reasonable continuing education fee for
15

certified prescribed burn managers; and

16

(2) a fee or premium for a certified prescribed burn
17

manager to enroll for coverage under the program.

18

Premiums and fees collected pursuant to this Section shall
19
be deposited into the Fund.

20

(e) The Department may contract with any entity, including
21
another State agency, such as the Department of Insurance, to
22
serve as the third-party administrator of the program and to
23
assist in administering the Fund, including, but not limited
24
to, managing and operating the Fund, adjusting claims made on
25
the Fund, and paying eligible claims from the Fund consistent
26
with this Act and rules adopted under this Act. A third-party

HB5306
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LRB104 19830 BDA 33280 b
1
administrator with whom the Department contracts under this
2
subsection is prohibited from settling or adjusting claims for
3
the Fund while acting as a nonadministrative claimant against
4
the Fund.
5

(f) This Section shall not be construed to limit the
6
liability of a person who is enrolled in the pilot program for
7
damages in excess of the cap established by the Department by
8
rule under paragraph (6) of subsection (b).

9

(g) This Section shall not be interpreted to impose
10
liability on the State for any payment of any claim beyond the
11
amount of moneys available in the Fund.
12

(h) The Department shall adopt rules to implement and
13
administer this Section.

14

Section 10.
The State Finance Act is amended by adding
15
Section 5.1038 as follows:

16

(30 ILCS 105/5.1038 new)
17

Sec. 5.1038.
The Prescribed Burn Liability Claims Fund.

18

Section 99.
Effective date.
This Act takes effect upon
19
becoming law.

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