Committee approves bill to broaden county authority for burn bans, add liability protections

Pro Tem Paxton, presenting "senate bill 15 50," told the Senate Agriculture Committee the bill responds to last spring’s destructive Oklahoma wildfires and would give county commissioners more authority to declare county burn bans.

"They're really not authorized by this statute to do that," Paxton said, arguing existing law ties county-issued bans to specific drought criteria and leaves local officials constrained and reliant on gubernatorial action. Paxton said the committee substitute removes specific drought-type language so a general drought condition is sufficient and adds a provision allowing county commissioners by unanimous vote to supersede other parts of the section to issue a burn ban.

The committee substitute also includes tort-related language intended to shield counties from suit over burn-ban decisions. Paxton described that change as "to protect those counties from some type of frivolous litigation."

Committee members asked whether the bill preserves avenues for agricultural prescribed burns. Senator Peterson pressed on whether the measure gives "more local control," and Paxton confirmed the bill keeps procedures for farmers and ranchers to seek permission for prescribed burns during a ban and includes consultation with the Department of Agriculture.

After brief questioning and no extended debate, the clerk called the roll. The committee recorded 13 ayes, 0 nays, and the chair declared the committee substitute passed.

The bill now moves forward from committee with the committee substitute adopted; the transcript shows the committee recorded the vote and the measure was reported out of committee.