SP0026, LD 59, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 12 MRSA §8869-A is enacted to read:

§ 8869-A. Prior division approval for harvesting trees and authority to issue stop-work orders

The division shall establish a prior approval process for harvesting trees by a person that has committed 2 violations of unlawful cutting of trees pursuant to Title 17, section 2510, subsection 1. The process must include at a minimum the following:

1. Written approval. Requiring written approval from the division for the person to harvest trees on any land in the State; and

2. Bonding. Requiring the person to post a private bond in an amount not less than $500,000 before commencing tree harvesting.

The division shall issue a stop-work order if the requirements of this section are not met at the time harvesting is occurring.

For the purposes of this section, "person" means an individual, corporation, partnership, association or any other legal entity.

The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to carry out the provisions of this section. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Forest Policy and Management - Division of 0240

Initiative: Provides one-time funding for rule-making costs.

GENERAL FUND 2013-14 2014-15

All Other
$3,700 $0

inline graphic sline.gif

GENERAL FUND TOTAL $3,700 $0

’

SUMMARY

This amendment replaces the bill, which establishes criminal penalties for the unlawful cutting of trees in the Maine Revised Statutes, Title 17, section 2510. The amendment requires the Division of Forestry to establish a process that applies to a person that has committed 2 violations of unlawful cutting of trees. The process must include requiring written approval from the division prior to harvesting, requiring bonding in an amount not less than $500,000 before harvesting and the division's issuing a stop-work order if the requirements of prior approval and bonding are not met at the time harvesting is occurring. The Department of Agriculture, Conservation and Forestry is required to adopt major substantive rules to carry out the provisions of this legislation.

The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

SP0026 LD 59	Session - 126th Maine Legislature C "A", Filing Number S-175, Sponsored by		LR 815 Item 2
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer

GENERAL FUND	2013-14	2014-15
All Other	$3,700	$0

GENERAL FUND TOTAL	$3,700	$0