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:
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
(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.