The Judiciary Committee proposes the following Amendment No. 1 to H. 3631 (COUNCIL\NBD\11447AC11):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:

/SECTION      1.      Section 48-34-40 of the 1976 Code is amended to read:

     "Section 48-34-40.      Prescribed fires conducted pursuant to this chapter:
     (1)      must have a prescribed fire plan prepared before authorization to burn is given by the State Commission of Forestry, and the plan must be on site and followed during the burn;
     (2)      must have at least one certified prescribed fire manager present and who must consider both fire behavior and smoke management issues while supervising the burn from ignition until it is declared safe according to certification guidelines;
     (3)      are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to state air pollution statutes, smoke management guidelines, as provided for in Regulations 61-62.2, or a successor regulation thereto, and regulations other statutory provisions applicable to the use of prescribed fire, as provided for in Chapter 35 and Chapter 2, Title 50; and
     (4)      are considered a property right of the property owner."

Renumber sections to conform.
Amend title to conform.