Summary as Introduced
Amends the Behavior Analyst Licensing Act. Makes a technical change in a Section concerning the short title.
Staff Analysis
House Amendment 1
Amendment 1 to HB 782 to the Forest Products Transportation Act—renamed the Tree Transportation Act—introduces several changes that could have direct operational and administrative impacts on counties, particularly those with significant rural, agricultural, or forested areas.
Key Provisions with County-Level Impacts:
1. Proof of Ownership Requirement for Transporting Trees
The bill mandates that anyone hauling any tree on a state highway must carry proof of ownership—a change from the previous requirement of written consent from a timber grower or seller for forest products.
• County Impact: This shifts the burden of documentation and compliance onto tree haulers and may increase interactions between local law enforcement and individuals transporting trees (e.g., farmers, landscapers, logging operators). Counties may need to inform local stakeholders of the new rules to avoid unintentional violations.
2. Authority for Inspection by Law Enforcement
The amendment gives law enforcement agencies, including county sheriffs and deputies, the authority to inspect any vehicle transporting trees on local roads or highways to check for compliance.
• County Impact: This may increase demands on local law enforcement resources and could require additional training or guidance on how to verify tree ownership documentation in accordance with forthcoming administrative rules from the Department of Natural Resources (DNR).
3. Summons Issued to Local Circuit Courts
Violators of the Act are required to appear in the circuit court of the county where the offense occurred.
• County Impact: This could increase the caseload in county courts, especially in regions with active logging or tree transport industries. County clerks and court administrators may need to prepare for an uptick in such cases.
4. Changes in Penalties
Resisting or obstructing a DNR officer under this Act is reduced from a Class A misdemeanor to a Class C misdemeanor, which is less severe.
• County Impact: This may reduce prosecutorial and judicial burdens slightly, though violations of the Act itself remain subject to citation and court action.
5. Rulemaking by DNR
The Department of Natural Resources is tasked with setting the administrative rules, including what constitutes acceptable proof of ownership.
• County Impact: Counties may need to monitor the rulemaking process and help communicate new standards to local industries (e.g., logging, arborists, landscapers). County boards, agriculture committees, and local extension offices could play a role in outreach.
6. Repeal of Certain Definitions and Conforming Changes
Though largely technical, the repeal of outdated terms and updates to related statutes streamline the law and may affect how it is interpreted and enforced at the local level.
Summary of County Implications:
• Increases regulatory compliance duties for individuals and businesses transporting trees.
• Grants county law enforcement greater inspection authority.
• Potentially increases circuit court traffic for tree-related violations.
• Requires county coordination with DNR for education and enforcement.
• Encourages local awareness campaigns to avoid citations due to misunderstanding the new requirements.