HB5025 H HS AM #1

Baker 3228

The Subcommittee on Homeland Security moved to amend the bill on page 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

§61-3-2. Burning, etc., of other buildings or structures; second degree arson; penalty; obsolete farm structure burning permitted; conditions.

(a) Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any building or structure of any class or character, whether the property of himself or herself or of another, not included or prescribed in the preceding section, shall be guilty of arson in the second degree and, upon conviction thereof, be sentenced to the penitentiary for a definite term of imprisonment which is not less than one nor more than ten years. A person imprisoned pursuant to this section is not eligible for parole prior to having served a minimum of one year of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

(b) All owners of farm structures located on agricultural land, as defined in §19-19-2(b), are not guilty of an offense under this section for the burning of an obsolete uninsured structure located on the agricultural land: Provided, That prior to the burning of the obsolete uninsured structure, the owner of the structure submits a notarized written notice of intent to burn the structure to the county assessor and the local fire department having jurisdiction over the agricultural land and receives written acknowledgement of the proposed burn from the county assessor and the local fire department. If either the county assessor or the local fire department having jurisdiction over the agricultural land do not respond within 14 calendar days, their acknowledgment is deemed granted. The written notice of intent must identify the structure by tax map and parcel number and declare under penalty of perjury that the structure is uninsured. All permitting and approval requirements of the Department of Environmental Protection under §22-5-1 et seq. of this code or as otherwise provided shall be followed.

Adopted

Rejected