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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2138 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to forest fire prevention; amending 2
7 O.S. 2021, Section 16-28.3, which relates to the
8 Oklahoma Controlled Burn Indemnity Fund; modifying
8 fund name; prohibiting certain reimbursement;
9 requiring creation of a prescribed burn plan for
9 certain landowners; requiring inclusion of certain
10 information in prescribed burn plan; requiring notice
10 of scheduled burn plans to landowners and local fire
11 departments; modifying plan filing fee; providing
11 limitation on certain reimbursement; defining term;
12 updating statutory language; and providing an
12 effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 2 O.S. 2021, Section 16-28.3, is
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17 amended to read as follows:
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18 Section 16-28.3. A. There is hereby created within the
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19 Oklahoma Conservation Commission, the "Oklahoma Controlled
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20 Prescribed Burn Indemnity Fund".
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21 B. The Oklahoma Conservation Commission shall administer the
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22 Oklahoma Controlled Prescribed Burn Indemnity Fund. The Indemnity
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23 Fund shall be established for the benefit of landowners who perform
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24 controlled prescribed burns. The Indemnity Fund shall compensate
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Req. No. 2705 Page 1
1 landowners for losses incurred from a prescribed fire that spreads
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2 beyond the control of the burner, except for losses covered by
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3 insurance. The fund shall not reimburse the participating landowner
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4 for damages incurred on his or her own property.
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5 C. In order to participate in the Indemnity Fund, the landowner
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6 shall:
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7 1. Work with the local conservation district office and the
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8 Natural Resources Conservation Service of the United States
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9 Department of Agriculture to develop a controlled burn plan based on
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10 the United States Department of Agriculture Natural Resources
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11 Conservation Service guidelines; and Have a written prescribed burn
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12 plan for the parcel of land to be covered by the Indemnity Fund
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13 prepared by either the local conservation district office, the
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14 Natural Resources Conservation Service of the United States
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15 Department of Agriculture, the Department of Wildlife Conservation,
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16 Oklahoma State University Cooperative Extension Service, or other
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17 recognized entity that works with landowners to develop prescribed
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18 burn plans or a prescribed burn plan developed and written by the
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19 landowner of the property to be burned;
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20 2. Include in all burn plans submitted to the Commission for
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21 coverage by the Indemnity Fund, at a minimum, the following
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22 information:
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23 a. the name and telephone number of the landowner, group,
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24 or organization conducting the burn,
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Req. No. 2705 Page 2
1 b. the address and legal description of the area to be
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2 burned,
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3 c. the objective and purpose of the burn,
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4 d. a list of all fire departments or sheriffs' offices
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5 that are required to be notified pursuant to paragraph
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6 5 of this subsection,
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7 e. a list of adjoining landowners required to be notified
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8 pursuant to paragraph 3 of this subsection,
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9 f. a description of any firebreaks used to define the
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10 boundary of the prescribed burn,
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11 g. a statement of prescribed weather conditions,
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12 h. a description of any smoke-management considerations,
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13 i. a plan for adequate manpower and firefighting
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14 equipment for the control of the fire and a plan
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15 providing for adequate personnel to watch over the
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16 fire until it is extinguished, and
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17 j. an ignition plan for the burn;
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18 3. Notify, in writing or orally, all landowners whose lands
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19 adjoin the owner's land to be burned at least sixty (60) days prior
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20 to conducting the burn. Such notice shall include the proposed date
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21 and location of the burn and a telephone number where the owner can
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22 be reached for information regarding the prescribed burn. If any
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23 landowner is burning on a large, consolidated tract of land for
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24 which there are multiple adjacent owners, only those owners with
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Req. No. 2705 Page 3
1 adjoining land within one (1) mile of the proposed burn area shall
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2 be notified;
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3 4. File with the Commission at least thirty (30) days prior to
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4 conducting the burn a copy of the prescribed burn plan provided for
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5 in this subsection;
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6 5. Notify, in writing or orally, within forty-eight (48) hours
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7 of conducting the burn, the local fire departments whose response
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8 area covers the land to be burned, the local county sheriff's office
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9 and, if the burn is to be conducted in a forestry service protection
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10 area, a representative of the forestry service. Such notification
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11 shall include the proposed date and location of the burn and a
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12 telephone number where the owner can be reached for information
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13 regarding the prescribed burn; and
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14 2. 6. At the time of filing the completed plan, provide payment
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15 of One Hundred Dollars ($100.00) Two Hundred Fifty Dollars ($250.00)
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16 to the Conservation Commission.
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17 D. The Conservation Commission shall have authority to invest
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18 the assessments. All proceeds of the investment shall be placed in
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19 the Indemnity Fund. Fifty Thousand Dollars ($50,000.00) from the
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20 interest income for each year on the total proceeds in the Indemnity
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21 Fund shall be paid to the Conservation Commission annually for the
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22 development of controlled prescribed burn plans and for
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23 administration of the Indemnity Fund. The balance of the accrued
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24 interest each year shall remain a part of the Indemnity Fund.
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Req. No. 2705 Page 4
1 E. The maximum amount the Indemnity Fund shall pay for losses
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2 arising from any one prescribed fire event is One Million Dollars
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3 ($1,000,000.00). For purposes of this subsection, "losses arising
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4 from any one prescribed fire event" means all activities conducted
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5 pursuant to any one prescribed burn plan and, if required, burn
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6 permit.
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7 F. When a loss is incurred, the landowner shall present a claim
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8 to the Conservation Commission. To verify the claim, the landowner
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9 shall present any evidence required by the Conservation Commission
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10 including, but not limited to, evidence that the landowner strictly
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11 adhered to the plan provided for in subsection C of this section.
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12 All landowner claim payments shall be made by the Conservation
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13 Commission from the Indemnity Fund as soon as practicable and not
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14 later than one (1) year following the date of claim. The price per
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15 acre of land shall be established on the day of the loss and shall
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16 be for the full market value on that day.
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17 F. G. If there is an insufficient amount of funds in the
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18 Indemnity Fund to cover all claims for a certain year, payments
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19 shall be made on a pro rata basis up to one hundred percent (100%)
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20 of the total loss of each landowner. If payment is not received in
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21 the amount of one hundred percent (100%) of total loss for a certain
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22 year, then additional amounts shall be paid as funds become
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23 available in succeeding years until repayment of one hundred percent
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24 (100%) of total loss is attained. If, at any time, a landowner
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Req. No. 2705 Page 5
1 receives payment totaling more than one hundred percent (100%) of
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2 total loss, the excess payment shall be returned to the Indemnity
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3 Fund within thirty (30) days. Upon final payment of a claim to a
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4 landowner from the Indemnity Fund, the landowner shall subrogate the
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5 interest to the Conservation Commission in a cause of action against
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6 any and all parties, to the amount of loss that the producer was
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7 reimbursed by the Indemnity Fund.
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8 G. H. The landowner shall, within sixty (60) days of the date
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9 of loss, present the claim to the Conservation Commission.
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10 Landowners may submit a written request to the Conservation
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11 Commission for a sixty-day extension of the filing period, if the
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12 landowner can show that the landowner was not provided notification
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13 and reasonable time to file a claim. If the claim of loss is not
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14 presented within the time and in the manner required, the claim
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15 shall be forever barred and the landowner shall forfeit all rights
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16 to remuneration or payment.
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17 H. I. If state funds are appropriated to the Indemnity Fund,
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18 the Conservation Commission shall establish the rules and procedures
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19 necessary to ensure that the General Revenue Fund shall be
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20 reimbursed from the assessments in an amount equal to the total
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21 appropriation made to the Indemnity Fund. The reimbursement shall
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22 be made in a timely manner, provided the intents and purposes of
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23 this section to compensate landowners for losses incurred shall not
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24 be adversely affected.
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Req. No. 2705 Page 6
1 I. J. The monies deposited in the Indemnity Fund shall at no
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2 time become part of the general budget of any state board,
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3 commission, or agency, except the Conservation Commission.
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4 J. K. The Executive Director of the Conservation Commission
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5 shall investigate all potential civil action claims against persons
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6 for recovery of any losses paid by the Indemnity Fund.
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7 K. L. No provision of this section shall preclude any landowner
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8 from conducting a lawful burn without participating in the Oklahoma
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9 Controlled Prescribed Burn Indemnity Fund.
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10 SECTION 2. This act shall become effective November 1, 2026.
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Req. No. 2705 Page 7Every fact on this page links to its source, starting with the official bill record.