Citations Affected: IC 14-23; IC 25-36.5; noncode.
Synopsis: Timber regulation. Establishes the Indiana forestry advisory
council to provide recommendations to improve forestry practices and
programs in Indiana. Provides that a person who, after an initial
violation, knowingly or intentionally commits a subsequent unrelated
violation of buying timber without first securing a registration or
refusing to allow the inspection of the person's records, commits a
Class D felony. Provides for the initial terms of the Indiana forestry
advisory council to be staggered. (The introduced version of this bill
was prepared by the natural resources study committee.)
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Rules and Legislative
Procedure.
February 6, 2001, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
SECTION 1. IC 14-23-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 10. Indiana Forestry Advisory Council
Sec. 1. As used in this chapter, "council" refers to the Indiana
forestry advisory council established by section 2 of this chapter.
Sec. 2. The Indiana forestry advisory council is established.
Sec. 3. The council consists of eight (8) members as follows:
(1) One (1) individual who is engaged in forest based research
activities.
(2) One (1) individual who owns land containing a private
forest of twenty-five (25) acres or less.
(3) One (1) individual who owns land containing a private
forest of more than twenty-five (25) acres.
(4) One (1) individual who is a supervisor (as defined in
IC 14-8-2-271) of a soil and water conservation district.
(5) One (1) individual who is engaged in the pulp and paper
industry.
(6) One (1) individual who represents other forest industries.
(7) One (1) individual who represents forest recreation
interests.
(8) One (1) individual who is not involved in the forestry
industry other than as a consumer.
Sec. 4. (a) The governor shall appoint members of the council to
a term of four (4) years. The governor may remove a member of
the council at any time.
(b) A vacancy in the membership of the board shall be filled by
appointment by the governor for the unexpired term.
(c) Not more than four (4) members of the council may be
members of the same political party.
Sec. 5. (a) The council shall elect from its members a
chairperson and vice chairperson each year.
(b) A quorum of the council consists of five (5) members. The
affirmative votes of at least five (5) members are required for the
council to take any action.
Sec. 6. Each council member shall serve without compensation
but is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided under IC 4-13-1-4 and the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 7. The department shall provide the council with staff
support.
Sec. 8. The council shall:
(1) determine the magnitude, nature, and extent of the state's
forestry resources;
(2) determine current and project future demand for timber
products, services, and benefits in Indiana;
(3) determine and evaluate the ownership characteristics of
the state's forests, the motives for forest ownership, and the
success of incentives to stimulate development of forest
resources;
(4) determine the economic development and management
opportunities that could result from:
(A) improvements in local and regional forest product
marketing; and
(B) establishing new or additional wood related businesses
in Indiana;
(5) determine soil and water conservation benefits and wildlife
habitat enhancement opportunities that can be promoted
through forest management plans; and
(6) advise and make recommendations to the director of the
division of forestry, other state agencies, political
subdivisions, and private interests concerning forestry
practices and programs in Indiana.
SECTION 2. IC 25-36.5-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) Except as
provided in subsection (b), a person who:
(1) engages in business as a timber buyer without securing a
registration or in violation of this chapter; or
(2) refuses to permit inspection of his premises, books, accounts,
or records as provided in this chapter;
commits a Class B misdemeanor.
(b) A person who knowingly or intentionally:
(1) engages in business as a timber buyer without securing a
registration or in violation of this chapter; or
(2) refuses to permit inspection of the person's premises,
books, accounts, or records as provided in this chapter;
commits a Class D felony if the person has a prior unrelated
conviction under subsection (a).
SECTION 3. [EFFECTIVE JULY 1, 2001] (a) Notwithstanding
IC 14-23-10-4(a), as added by this act, the initial appointments of
the members under IC 14-23-10-3, as added by this act, shall be as
follows:
(1) The members appointed under IC 14-23-10-3(1) and
IC 14-23-10-3(5) for a term of one (1) year.
(2) The members appointed under IC 14-23-10-3(2) and
IC 14-23-10-3(6) for a term of two (2) years.
(3) The members appointed under IC 14-23-10-3(3) and
IC 14-23-10-3(7) for a term of three (3) years.
(4) The members appointed under IC 14-23-10-3(4) and
IC 14-23-10-3(8) for a term of four (4) years.
(b) This SECTION expires July 1, 2005.