UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor) BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE LAWS RELATED TO FIRE HAZARD REDUCTION; DEFINING "PRIVATE FOREST LANDS"; REQUIRING PERFORMANCE BONDS TO BE AUTOMATICALLY FORFEITED UNDER CERTAIN CONDITIONS; ALLOWING THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION THE DISCRETION TO WITHHOLD ISSUING A FIRE HAZARD REDUCTION AGREEMENT; PROVIDING FOR CONTINUING VIOLATIONS; AMENDING SECTIONS 76-13-401, 76-13-408, 76-13-409, 76-13-410, 76-13-412, 76-13-414, AND 76-13-415, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY PROVISION."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-13-401, MCA, is amended to read:
"76-13-401. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of land commissioners provided for in Article X, section 4, of the Montana constitution.
(2)(1) "Certification "Certificate of clearance" means a certification certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements.
(3)(2) "Contractor" means the person who executes the fire hazard reduction agreement and is responsible to fulfill the obligations established by the agreement.
(4)(3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(5)(4) "Fire hazard" means slash and debris resulting from timber cutting, timber stand improvement, or right-of-way clearing operations that produce a cover of flammable material in which fire could spread through a cutting or adjacent area.
(6)(5) "Fire hazard reduction agreement" means a contract made to ensure compliance with this part and with the rules adopted under 76-13-403 for fire hazard reduction or management on private forest lands.
(7)(6) "Fire hazard reduction or management" means the abatement of a fire hazard on private forest lands by methods that include but are not limited to separation, removal, scattering, lopping, crushing, piling and burning, broadcast burning, burying, or chipping.
(7) "Forest fire season" means the forest fire season as defined in 76-13-102.
(8) "Forest product" means trees or their component parts, including but not limited to logs, poles, branches, or bark.
(9) "Master fire hazard reduction agreement" means a fire hazard reduction agreement between the department and persons engaged in continuing cutting operations of sufficient number and size to warrant covering these operations under a single agreement and a single bond.
(10) "Person" means an individual, association, partnership, corporation, estate, or any other entity.
(11) "Private forest lands" means all lands of whatever character that are not owned by the state, a political subdivision of the state, the United States, any agency of the United States, or an Indian tribe and that are outside the exterior boundaries of an incorporated city or town.
(11)(12) "Purchaser" means a person who purchases or contracts to purchase any forest products cut from private forest lands within the state. The term includes persons who purchase products manufactured on the cutting area."
Section 2. Section 76-13-408, MCA, is amended to read:
"76-13-408. Fire hazard reduction agreement and bond. (1) Before cutting any forest product, constructing or reconstructing any road in contemplation of cutting any forest product, or conducting timber stand improvement or management, such as but not limited to thinning, weeding, or pruning, upon private forest lands within the state, the person conducting the work shall provide for the reduction or management of the fire hazard to be created by entering into a fire hazard reduction agreement or a master fire hazard reduction agreement with the department, providing for the full and faithful compliance with all requirements under this part and the faithful reduction or management of the fire hazard in the manner prescribed by law and by rules adopted under this part.
(2) Either the person conducting the work or the purchaser, as provided in 76-13-409(2), shall post a bond to the state in a form and for an amount as may be prescribed by the department, but the amount may not exceed $6 for each 1,000 board feet (log scale) or the equivalent if forest products other than logs are cut.
(3) Either the person conducting the work or the purchaser, as provided in 76-13-409(2), shall pay 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.
(4)(3) The agreement must provide that:
(a) all fire hazard reduction or management work comprising nonburning methods and preparations for burning must be completed within 18 months of commencement of cutting in the area covered by the agreement; and
(b) all burning work must be completed as specified in the agreement and in compliance with rules adopted under this part.
(5)(4) The bond must be released upon the issuance of the certificate of clearance."
Section 3. Section 76-13-409, MCA, is amended to read:
"76-13-409. Duty of purchaser to ensure compliance -- statement -- bond. (1) The initial purchaser of forest products which that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the cutting of these forest products has provided for the reduction or management of the fire hazard by entering into a fire hazard reduction agreement as provided in 76-13-408.
(2) The purchaser shall withhold sufficient money to meet the requirements of the bond provided for in 76-13-408 plus the fees for administration, inspection, and enforcement by the department as provided in the hazard reduction agreement. The purchaser shall transmit all money and fees that are withheld and a report of volumes of products purchased to the department on or before the 15th day of the following month, clearly identifying by number the fire hazard reduction agreement to which the withheld money, fees, and product volumes pertain. The purchaser shall keep accurate records of the purchase and the amounts withheld, which may be inspected by the department at any reasonable time.
(3) If forest products are not received or purchased in a given month, a report showing a zero balance and stating that products were not purchased must be submitted to the department.
(4) The department may require the purchaser to post a bond to the state in a form and for an amount as may be prescribed by the department to ensure faithful compliance with this part."
Section 4. Section 76-13-410, MCA, is amended to read:
"76-13-410. Failure to comply. (1) If a person fails, refuses, or neglects to properly reduce or manage the fire hazard in accordance with the requirements of 76-13-407 and 76-13-408, he the person may be enjoined from further cutting, clearing, and construction operations until the department has found the person in compliance with 76-13-407 and 76-13-408 have been complied with. The department may initiate the proceedings and may obtain a temporary restraining order, injunction, or writ of mandate. The proceedings shall must be conducted in the district court of the county where the land is located.
(2) If a person fails to comply with 76-13-407 or 76-13-408 and fails to comply within 30 days after being notified to do so by the department, the department may complete, direct, or authorize the fire hazard reduction or management at the expense of the contractor or of the owner of the timber or other forest products cut or produced from the land upon which the unabated fire hazard remains.
(3) The cost and expense of the fire hazard reduction or management work, plus 20% of the cost and expense of the work as a penalty, constitutes constitute a lien upon the forest products cut or produced from the land and upon the real and personal property of the contractor. If payment of the sum demanded is not made to the department within 10 15 days of its written demand, the performance bond required under 76-13-408 and 76-13-409, upon notice to the contractor, must be automatically forfeited to the extent needed to recover the cost and expenses of reducing or managing the fire hazard, plus a penalty of 20% of the cost and expenses. If the bond is insufficient to cover the cost, expenses, and penalty, the department shall may bring legal action on behalf of the state to recover the debt cost, expenses, and penalty.
(4) If a person fails, refuses, or neglects to properly reduce or manage the fire hazard in accordance with 76-13-407 or 76-13-408 within 30 days after being notified by the department of the failure, refusal, or neglect, in addition to other remedies provided in this part, the department may, after notice, require a person to show cause why the department should not withhold the issuance of any further hazard reduction agreements or exemptions. If the person fails to show sufficient cause, the department may withhold the issuance any further agreements or exemptions for a period not to exceed 3 years."
Section 5. Section 76-13-412, MCA, is amended to read:
"76-13-412. Violations. A person convicted of violating this part is guilty of a misdemeanor and shall be fined not less than $100 or more than $1,000 a violation. Each day of violation, while the violation continues to occur during a forest fire season or extension of a forest fire season, constitutes a separate violation."
Section 6. Section 76-13-414, MCA, is amended to read:
"76-13-414. Fees. (1) In addition to any bond, the department shall charge the contractor fees for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department.
(2) (a) The fee for a fire hazard reduction agreement is $25 and must be collected by the department upon issuance of the agreement.
(b) In addition, a fee of 60 cents for each 1,000 board feet (log scale) must be charged or an equivalent fee must be charged if products other than logs are cut. This fee must be withheld by the purchaser as provided in 76-13-409(2), except that any fee money withheld for product volumes exceeding 500,000 board feet per for each agreement in a calendar year must be returned to the contractor by the department.
(c) Either the person conducting the work or the purchaser, as provided in 76-13-409(2) shall pay 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.
(3) (a) The fee for master fire hazard reduction agreements must be equal to 100% of the department's actual costs incurred in the administration, inspection, and enforcement of each agreement, and the department shall bill the contractor annually to collect the fees.
(b) In addition, each contractor with a master fire hazard reduction agreement shall pay to the department 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year for each master fire hazard attachment. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.
(c) The fee required under subsection (3)(b) must be paid annually in conjunction with the fee paid under subsection (3)(a). The department may, in its discretion, conduct an audit to determine the volume of forest products harvested by a contractor. If the department conducts an audit, the contractor shall cooperate and make available to the department all requested records, inventories, and other information relevant to the audit."
Section 7. Section 76-13-415, MCA, is amended to read:
"76-13-415. Forestry extension service account -- purpose -- appropriation. (1) There is a forestry extension service account in the current restricted fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) all revenue from the fire hazard reduction agreement provided for in 76-13-408(3) 76-13-414(2)(c);
(b) all revenue from the master fire hazard reduction agreement provided for in 76-13-414(3)(b); and
(c) money received by the department in the form of legislative appropriations, reimbursements, gifts, federal funds, or appropriations from any source intended to be used for the purposes of this account.
(3) Money in the account is available to the Montana university system by appropriation for the uses set forth in subsection (4). Any unencumbered and unexpended balance of this account remaining at the end of a fiscal year does not lapse but must be carried forward for the purposes of this section until expended or appropriated.
(4) Except as provided in subsection (5), money in the account may be used by the university system only to fund forestry services through the Montana cooperative extension service of Montana state university-Bozeman. The forestry services must be conducted at Montana state university-Bozeman, the university of Montana-Missoula, and Flathead Valley community college.
(5) The use of money in this account by the Montana university system is contingent upon the university system funding the extension service's forestry and natural resources program at a biennial level of at least $108,000 from sources other than the account."
NEW SECTION. Section 8. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from that invalid applications.
NEW SECTION. Section 9. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 10. Applicability. [This act] applies to all existing fire hazard agreements when violations of the existing fire hazard agreement have been identified by the department of natural resources and conservation.
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Latest Version of LC 122 (LC0122.01)
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