HB440: relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

CHAPTER 88

HB 440-FN FINAL VERSION

21Mar2007… 0156h

2007 SESSION

07-0347

08/04

HOUSE BILL 440-FN

AN ACT relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

SPONSORS: Rep. Patten, Carr 4; Rep. Solomon, Graf 10; Rep. Brueggemann, Merr 12; Sen. Gallus, Dist 1

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Requires all forest rangers hired after January 1, 2005 to complete the preparatory training for full-time police officers established by the police standards and training council and provides that any forest ranger hired before January 1, 2005 shall be certified as a full-time police officer upon successful completion of a preparatory training course.

II. Authorizes the director of the division of forests and lands to regulate entry into, or movement within, the state of any wood product which may cause the introduction or spread of a dangerous insect or disease.

III. Penalizes the failure to provide a written contract for the purchase or sale of forestry products as a deceptive forestry business practice.

IV. Repeals the authority of the state nursery inspector to enter land for the purpose of determining the presence of threatening insect or disease infestation.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21Mar2007… 0156h

07-0347

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the authority to quarantine to prevent dissemination of forest pests, relative to police training for forest rangers, and relative to forest resources and timber harvesting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

88:1 Forestry; Definitions. Amend RSA 227-G:2, XIV-XVII to read as follows:

XIV. “Primary wood processing mill” means any permanent or portable mill, or any off-site log yard operated by a primary wood processing mill, wherever located, sawing or otherwise processing logs, bolts, pulpwood, or other primary forest products into secondary forest products.

XV. “Quarantine” means a legal restriction duly imposed or enacted as a means for preventing or delaying the spread of a forest pest.

[XV] XVI. “Reservation” means public land under the jurisdiction of the department including, but not limited to: state forest, state park, natural area, historic site, geological site, recreation trail, memorial area, fire tower, wayside area, heritage park, resource center, agricultural area, state forest nursery, fish pier, administrative facility, information center, demonstration forest, certain islands, and lands under lease to the department.

[XVI] XVII. “Special purpose” means the management of reservations and state-owned forestlands which have been excluded from forest management due to environmental, public safety, or other reasons unique to the reservation or state-owned forestland as determined by the agency responsible for the reservation or state-owned forestland.

XVIII. “Wood concentration yard” means any site established and used for the purchase and resale of primary forest products from off-site locations and which is not a primary wood processing mill. Any site used primarily to process or store bark mulch shall not be a wood concentration yard.

[XVII] XIX. “Woodland” includes cut-over land, slash, and such other land as bears a sufficient amount of wood growth, wood, weeds, grass, or other growth as to be likely to be burned

88:2 New Paragraphs; Administration; Rulemaking. Amend RSA 227-G:4 by inserting after paragraph VIII the following new paragraphs:

VIII-a. Quarantine measures that may be taken when forest pests are found in any geographic area pursuant to RSA 227-K.

VIII-b. The issuing of orders and permits pursuant to RSA 227-K:15.

88:3 New Paragraph; Forestry; Fines; Penalties. Amend RSA 227-G:5-a by inserting after paragraph II the following new paragraph:

III. Unless otherwise provided by law, any person who violates any rule adopted under RSA 227-G:4 shall be guilty of a violation.

88:4 Forestry; Validity of Prosecutions. Amend RSA 227-G:8 to read as follows:

227-G:8 Validity of Prosecutions. Forest rangers and officials of the division appointed to enforce this title and other laws provided for in RSA 227-G:7 are authorized, upon successful completion of the preparatory training programs for full-time or part-time police officers established by the police standards and training council under RSA 188-F and their subsequent certification as full-time or part-time police officers, to prosecute these laws within the jurisdiction of municipal and district courts, unless the prosecutorial jurisdiction over a particular case or class of cases is preempted by the county attorney or the attorney general. Prosecutions for violations of any provisions of this title are declared to be valid and proper, notwithstanding the existence of any law of this state dealing with matters that may be the same as or similar to those covered by this title.

88:5 Forestry; Training of Forest Rangers. Amend RSA 227-G:9 to read as follows:

227-G:9 Training of Forest Rangers.

I. Any forest ranger of the division appointed to enforce the provisions of this title and other laws provided for in RSA 227-G:7, shall successfully complete the preparatory training for part-time police officers established by the police standards and training council pursuant to RSA 188-F no later than one year from the date of hire. Upon successful completion of the training program, such forest ranger shall be certified as a part-time police officer.

II. Any forest ranger of the division hired after January 1, 2005 appointed to enforce the provisions of this title and other laws provided for in RSA 227-G:7, shall successfully complete the preparatory training for full-time police officers established by the police standards and training council pursuant to RSA 188-F no later than one year from the date of hire. Upon successful completion of the training program, such forest ranger shall be certified as a full-time police officer.

III. Any forest ranger of the division hired before January 1, 2005 shall be certified as a full-time police officer upon successful completion of the preparatory training for full-time police officers established by the police standards and training council pursuant to RSA 188-F.

88:6 New Paragraphs; Forest Health; Duties of the Director. Amend RSA 227-K:2 by inserting after paragraph II the following new paragraphs:

III. The director, in consultation with the commissioner and under the direction of the commissioner of agriculture, markets, and food, or designee, may establish quarantines as specified in the law or under the rules to prevent dissemination of forest pests within the state or into the state that have the potential to cause serious damage to forests.

IV. The director, with the approval of the commissioner and after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter. Rehearings and appeals from a decision of the director under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:

(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this chapter.

(b) Procedures for notice and hearing prior to the imposition of the administrative fine.

V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the director into the forest management and protection fund established under RSA 227-G:5, I.

88:7 Nursery Inspection; Regulation of Entry. RSA 227-K:14 is repealed and reenacted to read as follows:

227-K:14 Regulation of Entry. The director’s authorized agents, under the direction of the director, may prohibit or regulate the entry into the state, or the movement within the state, of any tree, timber, log, wood, pole, underwood, or bark, or the products thereof, which in the agent’s judgment may cause the introduction or spread of a dangerous insect or disease. This authority shall not extend to agricultural crops, nurseries, or nursery stock as regulated under RSA 433.

88:8 Nursery Inspection; Orders. Amend RSA 227-K:15 to read as follows:

227-K:15 Orders. [The state nursery inspector and the commissioner of agriculture, markets, and food] The director and the commissioner of resources and economic development may issue such orders, notifications, and permits as may be necessary to carry out the provisions of RSA 227-K:14.

88:9 Forest Health; Penalties. RSA 227-K:17 is repealed and reenacted to read as follows:

277-K:17 Prohibitions; Penalty.

I. The following actions are prohibited:

(a) Violating any provisions of a quarantine issued under RSA 227-K:2, III.

(b) Violating any order or failing to obtain a permit issued under RSA 227-K:15.

(c) Selling, offering for sale, giving away, moving or shipping any tree, timber, log, wood, pole, underwood, or bark, or the products thereof into this state, or within this state, knowing or having reason to believe that they may be harboring a forest pest declared as a dangerous insect or disease, or have been exposed to any such pest. This authority shall not extend to agricultural crops, nurseries, or nursery stock as regulated under RSA 433.

II. Any person, or employee or agent of that person, who violates any provision of this section or rule adopted under this chapter shall be guilty of a violation. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

88:10 Forest Resource Information; Primary Wood Processing Mills. Amend RSA 227-I:9 to read as follows:

227-I:9 Primary Wood Processing Mills; Wood Concentration Yards; Registration; Penalty.

I. In order to [provide for the safety of woodlands from fire in relation to primary wood processing mills, and to protect and develop the state’s forest resources, information as to location, owner, type of mill, operating capacity, species and volumes of wood and timber being processed, and output of wood and timber products shall be required] protect and develop the state’s forest resources, provide for the safety of woodlands from fire in relation to primary wood processing mills, and to respond to forest health threats, such mills and wood concentration yards shall be registered by the director. Primary wood processing mills shall provide the director with information on the locations, owner, type of mill, operating capacity, species, volumes, and state of origin of wood harvested and timber processed, purchased, and sold, and the output of wood and timber products.

II.(a) No person shall operate or cause to be operated any mill processing primary forest products or wood concentration yard unless said mill or wood concentration yard shall be registered by the director.

(b) There shall be an annual mill registration fee of $20 for all mills processing primary forest products or wood concentration yards, regardless of size, type of mill or wood concentration yard, or primary product being processed.

(c) Application for registration shall be made on forms provided by the director, giving the name of owner or owners, and locations[, type and capacity] of a primary wood processing mill or a wood concentration yard. Primary wood processing mills shall provide the director with information on the [,] products produced, type, capacity, and such other pertinent information as the director may require. One application shall cover a mill complex in a given location involving more than one unit of equipment.

(d) The director shall issue to the applicant a permanent registration number assigned to the mill or wood concentration yard described in the application together with a sign or plate denoting such registration number, to be displayed in a conspicuous place at the mill or wood concentration yard.

III. The director, or duly authorized agent, may, at any time, inspect any primary wood processing mill or wood concentration yard to assure compliance with the provisions of this chapter.

IV. Any person who violates any of the provisions of this section or rules adopted under RSA 541-A shall, for the first 30-day period, be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each subsequent 30-day period or part thereof shall constitute a separate offense.

88:11 Timber Harvesting; Deceptive Forestry Business Practices. Amend RSA 227-J:15, II to read as follows:

II. In this section, “adulterated” means varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance, or set by established commercial usage. In this section, “mislabeled” means varying from a standard of truth or disclosure in labeling prescribed by any law providing criminal penalties for such variance, or set by established commercial usage. In this section, “scale slip” means a written or printed form or combination of forms which provide an accurate, readily understandable record [of the measurement of the wood to which it relates and is prepared by the person who measured the wood] containing the species of wood product, board footage of each individual log when the standard unit of measurement is per thousand board feet, or tonnage or cordage when not sold per thousand board feet, gross scale, defect, net scale, date wood was measured, and the name of the party scaling the wood.

III. A person is guilty of a misdemeanor if, in the course of buying or selling a forest product as defined in RSA 227-G:4, VII, he or she recklessly fails to provide a written contract to the owner, prior to the cutting from the owner’s property any forest products which are subject to a notice of intent to cut as defined in RSA 79:10. The contract shall be signed by both parties, specify the remuneration for the forest products to be cut, and the time in which remuneration shall be made.

88:12 Repeal. RSA 227-K:13, relative to nursery inspection for the purpose of determining the presence of threatening insect or disease infestation, is repealed.

88:13 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 11, 2007

Effective: August 10, 2007