November 10, 2016, Introduced by Rep. Rendon and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections part 535; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 535. REGISTERED FORESTERS
Sec. 53501. As used in this part:
(a) "Board" means the board of foresters created in section
53505(1).
(b) "Department" means the department of natural resources.
(c) "Forester" means an individual who, by reason of his or
her knowledge of the natural sciences, mathematics, and the
principles of forestry, acquired by forestry education and
practical experience, is qualified to engage in the practice of
professional forestry.
(d) "Fund" means the registered forester fund created in
section 53519.
(e) "Practice of professional forestry" means the science,
art, and practice of creating, managing, using, planning and
researching, and conserving forests and associated resources for
human benefit and in a sustainable manner to meet desired goals,
needs, and values.
(f) "Registered forester" means a forester registered under
section 53509.
(g) "SAF" means Society of American Foresters.
(h) "State forester" means that term as defined in section
50502.
(i) "Violations committee" means the violations committee
appointed under section 53505.
Sec. 53503. (1) The department shall complete an economic
evaluation of the program under this part every 4 years.
(2) The department may cease administering this part if either
of the following applies:
(a) The revenue available from the fund is not sufficient to
administer this part.
(b) The department and the board agree to separate and cease
operations.
Sec. 53505. (1) The board of foresters is created within the
department.
(2) To be eligible to serve on the board, an individual shall
be a citizen of the United States and a full-time resident of this
state and shall have at least 10 years of professional forestry
experience. The board shall consist of the following members
appointed by the state forester from individuals nominated by the
groups represented:
(a) An individual representing the Association of Consulting
Foresters.
(b) An individual representing the Society of American
Foresters.
(c) An individual representing the forestry program faculty of
a university whose forestry program is accredited by the SAF.
(d) An individual representing state agencies that have
forestry staff.
(e) An individual representing forest products advocacy or the
forest products industry, including logging.
(f) An individual representing private forest landowners.
(g) An individual representing a municipal, urban, or
community forestry field.
(3) The members first appointed to the board shall be
appointed within 30 days after the effective date of the amendatory
act that added this part.
(4) Members of the board shall serve for terms of 4 years or
until a successor is appointed, whichever is later, except that, of
the members first appointed, 3 shall serve for 2 years.
(5) If a vacancy occurs on the board, the state forester shall
make an appointment for the unexpired term in the same manner as
the original appointment. The state forester may remove a member of
the board for incompetence, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
(6) The state forester shall call the first meeting of the
board. At the first meeting, the board shall elect from among its
members a chairperson, vice-chairperson, secretary, and other
officers as it considers necessary or appropriate. Officers of the
board shall serve for terms of 2 years. After the first meeting,
the board shall meet once annually in person and once annually by
conference call or video conference, or more frequently at the call
of the chairperson or if requested by 2 or more members.
(7) Five or more members of the board constitute a quorum for
the transaction of business at a meeting of the board. A majority
of the members present and serving are required for official action
of the board.
(8) Business that the board may perform shall be conducted at
a public meeting of the board held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275. The secretary of
the board shall record all proceedings of the board.
(9) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(10) Members of the board shall serve without compensation.
However, members of the board may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the board.
(11) The chairperson of the board shall appoint a violations
committee consisting of 3 members of the board. Members of the
violations committee shall serve on the committee for terms of 2
years.
Sec. 53507. (1) The board shall do all of the following:
(a) Adopt bylaws.
(b) Comply with section 53515.
(c) Make available a list of registered foresters. The
department shall post the list on its website.
(d) Make an annual report to the state forester on
proceedings, applications, renewals, complaints, and hearings under
this part.
(e) Set and review annually the professional activities for
registered foresters and make recommendations to the state forester
and the department for any changes to the list.
(f) Review the fee under section 53509 once every 4 years and
adjust it to operate a fiscally sound program.
(g) Annually provide to the department an economic evaluation
of the registered forester program.
(2) The board may do any of the following:
(a) Issue, deny, renew, and revoke forester registrations.
(b) Hear evidence in cases of alleged misconduct by foresters.
(c) Call witnesses and receive evidence for hearings under
this part.
Sec. 53509. (1) To be registered as a forester, an individual
shall submit an application to the board on a form provided by the
department. The application shall include all of the following:
(a) The name, address, telephone number, and electronic mail
address of the applicant.
(b) Information demonstrating that the individual meets 1 or
more of the following educational requirements:
(i) An associate's degree in forestry from an SAF-accredited
university program or board-approved program, plus 4 years of
experience under the guidance of a registered forester, an SAF-
certified forester, or a member of the Association of Consulting
Foresters.
(ii) A bachelor's degree in forestry from an SAF-accredited
university program or a board-approved program, plus 2 years of
forestry experience as described in subparagraph (i).
(iii) A bachelor's degree in a natural resource field from an
SAF-accredited university program or a board-approved program, plus
2 years of forestry experience described in subparagraph (i).
(iv) A graduate degree in forestry from an SAF-accredited
university program or a board-approved program, plus 2 years of
forestry experience described in subparagraph (i).
(c) References or endorsements from 3 registered foresters.
(d) Verification of successful completion of any continuing
education required by the board.
(e) Other relevant information required by the board.
(2) The board shall grant or deny registration within 30 days
after a complete application is filed and notify the applicant in
writing. If an application is denied, the notification shall
include the reasons for the denial. If the application is approved,
the department shall issue a registration certificate and
certification number to the applicant. The registration is valid
for 2 years.
(3) To maintain registration as a forester, an individual
shall do all of the following:
(a) Pay the department a fee of $200.00. The first payment
shall be made not more than 30 days after the application for
registration is granted under subsection (2). The department shall
deposit registration fees received under this subsection in the
fund.
(b) Successfully complete not fewer than 24 hours of
continuing education every 2 years as approved by the board.
(c) Maintain good standing with the board.
Sec. 53511. (1) The board shall determine whether members of
affiliated professional organizations within and outside of this
state are eligible for automatic registration under this part.
(2) The board shall register an applicant who is a legally
authorized forester in another state or country if the board
considers the requirements of the state or country to be equivalent
to the requirements of registration in this state.
Sec. 53513. A person shall not use the title "registered
forester" unless he or she is registered under this part.
Sec. 53515. A registered forester shall comply with all of the
following:
(a) In his or her professional capacity, perform general
forestry activities as described in the "Dictionary of Forestry"
and approved by the board, but only for the purpose of sustainable
forest management and silviculture.
(b) Fully disclose personal or financial interests in any
forestry project undertaken by the registered forester if there is
a potential conflict of interest.
(c) Not accept compensation or expenses from more than 1
client or employer for the same service, unless the parties
involved are informed and consent.
(d) Not make exaggerated, false, misleading, or deceptive
written or verbal statements, including, but not limited to,
statements on the value of individual trees, timber, or
timberlands, in the conduct of professional practice.
(e) Clearly and accurately represent his or her
qualifications, the extent of the forestry services offered, and
the basis for charges for those services.
(f) Not offer or make bribes or unlawful inducements to those
responsible for letting forestry contracts.
(g) Not interfere with competitive bidding for forestry
projects, including making false representations or misleading
statements about bidders, prospective bidders, or competitors.
(h) Not issue a forestry plan, map, specification, or report
prepared by that registered forester or under his or her actual
supervision unless it is endorsed with the registered forester's
name and certificate of registration number.
(i) Not endorse a forestry plan, specification, estimate, or
map unless prepared by that registered forester or under his or her
actual supervision.
(j) Provide forestry services in a manner that will ensure the
public health, safety, and welfare and if, in his or her
professional judgment, any of these are endangered, notify the
client or employer and give appropriate recommendations or
instructions.
(k) If a client or employer fails or refuses to follow
recommendations or instructions under subdivision (j), notify the
responsible governmental department or agency of the threat to
public health, safety, or welfare.
(l) Not violate or conceal violations of this part and not
knowingly permit others to do so.
(m) Report violations of this part to the board.
(n) Not conspire or collude to restrain trade through price
arrangement with other registered foresters or forestry firms and
not engage in price-fixing activities.
(o) Not take forestry project funds under false pretenses and
not abandon a forestry project without notifying the client or
employer.
Sec. 53517. (1) A person may submit to the chairperson of the
board a complaint about a violation of section 53515. The
department shall maintain on its website a complaint form that can
be completed and submitted to the chairperson of the board online
or printed and completed. The department shall also make complaint
forms available at customer service centers. Unless the complaint
form is submitted online, the complainant shall submit the form by
mailing it to the chairperson of the board.
(2) If the chairperson of the board receives a completed
complaint form, the chairperson shall, within 60 days, submit the
complaint to the members of the violations committee. Within 30
days after receiving the complaint, the violations committee shall
determine if there is sufficient reason to believe that a violation
has occurred.
(3) If the violations committee determines that there is not
sufficient reason to believe that a violation has occurred, the
violations committee shall notify the complainant in writing of its
determination and the reasons for its determination, and no further
action shall be taken on that complaint.
(4) If the violations committee determines that there is
sufficient information to believe that a violation has occurred,
the violations committee shall, within 30 days, by United States
mail, notify the registered forester who is the subject of the
complaint of the allegations in the complaint, that the registered
forester may respond to the allegations in writing, and that the
response must be received within 60 days after the date the notice
was mailed.
(5) The board shall consider the allegations of the complaint
and any written response to the allegations timely received from
the registered forester and may further investigate the complaint.
Within 90 days after the deadline under subsection (4) for a
response from the registered forester, the board shall do 1 of the
following:
(a) Dismiss the complaint and notify the complainant and
registered forester in writing.
(b) Issue a letter of caution to the registered forester and
provide a copy to the complainant.
(c) Issue to the registered forester a proposed order that,
together with preliminary findings, includes proposed sanctions, a
proposed negotiated resolution, or a proposed consent agreement and
provide a copy to the complainant.
(6) If the board issues a proposed order under subsection (5),
the registered forester shall within 45 days submit to the board 1
of the following, in writing:
(a) A statement accepting the proposed order, at which point
the board shall issue the order as a final order. Failure of the
registered forester to timely respond shall be considered to be
acceptance of the proposed order.
(b) A statement objecting to the proposed order and providing
reasons for the objection.
(7) If the registered forester objects to the proposed order,
the board shall review the objections and issue to the registered
forester a final order, amending the preliminary findings as
necessary, within 90 days after issuance of the proposed order and
shall provide a copy of the final order to the complainant.
(8) The board may permanently revoke or temporarily suspend
registered forester status for a violation of section 53515 or an
order issued under this section.
Sec. 53519. (1) The registered forester fund is created within
the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for the administration and enforcement of this
part.
Enacting section 1. Article 21 of the occupational code, 1980
PA 299, MCL 339.2101 to 339.2108, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6039 (request no.
06512'16 a) of the 98th Legislature is enacted into law.