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Arkansas General Assembly· HB 1045Died on House Calendar at Sine Die adjournment.

An act REGARDING CROP RESIDUE BURNS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas             As Engrossed: H2/19/25
2 95th General Assembly
                                      A Bill

3 Regular Session, 2025                                            HOUSE BILL 1045

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5 By: Representative Cavenaugh

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8                               For An Act To Be Entitled

9   AN ACT REGARDING CROP RESIDUE BURNS; TO PLACE CERTAIN

10  REQUIREMENTS ON AN INDIVIDUAL PLANNING A CROP RESIDUE

11  BURN; TO ADDRESS LIABILITY OF AN INDIVIDUAL WHO HAS

12  FOLLOWED CROP RESIDUE BURN REQUIREMENTS; AND FOR

13  OTHER PURPOSES.

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15

16                                   Subtitle

17                       TO PLACE CERTAIN REQUIREMENTS ON AN

18                       INDIVIDUAL PLANNING A CROP RESIDUE BURN;

19                       AND TO ADDRESS LIABILITY OF AN

20                       INDIVIDUAL WHO HAS FOLLOWED CROP RESIDUE

21                       BURN REQUIREMENTS.

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23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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25  SECTION 1. Arkansas Code Title 2, Chapter 1, Subchapter 1, is amended

26 to add an additional section to read as follows:

27  2-1-103. Crop residue burn requirements -- Liability -- Penalty.

28  (a) A crop residue burn shall:

29  (1) Be reported to the Department of Agriculture before burning

30 commences; and

31  (2) Comply with the Arkansas Voluntary Smoke Management

32 Guidelines for Row Crop Burning.

33  (b) An individual who conducts a crop residue burn in compliance with

34 this section is not liable in a civil action for any damage or injury caused

35 by a fire in the crop residue burn, including without limitation the

36 reignition of a smoldering and previously contained fire or resulting from

    *CRH008*                                                  02-19-2025 11:14:42 CRH008
    As Engrossed: H2/19/25                                               HB1045

1 smoke, unless the claimant proves by a preponderance of the evidence that the

2 claimant suffered damages as a result of negligence by the individual in

3 planning, implementing, or conducting the crop residue burn.

4   (c) Information reported to the department under subsection (a) of

5 this section is not a public record and is exempt from the Freedom of

6 Information Act of 1967, � 25-19-101 et seq.

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8   SECTION 2. EFFECTIVE DATE. This act shall be effective on and after

9 July 1, 2026.

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11                          /s/Cavenaugh

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