Bill Text: MI HB5030 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Health occupations; nursing home administrators; nursing home administrators; require to be trained in detection of elderly abuse and exploitation. Amends secs. 17309 & 17313 of 1978 PA 368 (MCL 333.17309 & 333.17313) & adds sec. 17312.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-28 - Bill Electronically Reproduced 09/27/2017 [HB5030 Detail]

Download: Michigan-2017-HB5030-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5001

 

 

September 27, 2017, Introduced by Reps. Liberati, Green, Schor, Bizon, Peterson, Yanez, Brann, Sowerby, Hughes, Lucido, Pagan, Maturen, Wittenberg, Ellison, Noble, Chang, Yaroch, Farrington, Lasinski, Geiss, Camilleri and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 50507 (MCL 324.50507), as amended by 2016 PA

 

248, and by adding part 535; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 50507. (1) The authority shall finance only forest

 

management operations and practices consistent with part 525 that

 

follow the guidelines, rules, and objectives prescribed and

 

approved by the department as these guidelines, rules, and

 

objectives are amended by the department.

 

     (2) Funds managed by the authority shall be applied in a

 

manner consistent with part 525 and the land management planning

 

policies of the department on lands that have been identified for

 

forest management practices. In the absence of an approved state

 

forest management plan covering a candidate area, an interim

 

procedure, as adopted by the department, shall be used to ensure

 

that all forest values have been considered in selecting sites for

 

investment with funds of the authority. The department shall

 

annually submit a list of activities and practices allocated from

 

the funds generated under this part for the board's review and

 

determination of consistency with this part.

 

     (3) The executive director of the authority shall notify the

 

department if the authority projects a probable default on any

 

bonds or notes issued by the authority. Within 1 year of receipt of

 

the notification, or within less than 1 year, if the notification

 

indicates a shorter time period is necessary to avoid a default,

 

the department shall identify and convey to the authority

 

sufficient timber on tax reverted lands to enable the authority to

 

avoid the projected default and to provide for timely payment of

 

principal of and interest on the authority's bonds or notes. The

 

authority may only issue contracts for the cutting and sale of

 

timber that has been conveyed to the authority under this section

 

to avoid a default on any bonds or notes issued by the authority.

 

The determination of the board as to the need to cut and sell

 

timber is conclusive. Contracts for the cutting and sale of timber

 

shall be consistent with part 525 and with the guidelines, rules,

 

and objectives prescribed by the department.

 

     (4) The authority shall establish a fund designated as the

 

"forest development fund". Any Revenue as provided under section

53519 and any money on hand or received in the future from bond

 

proceeds and from contracts for the cutting and sale of timber on

 

tax reverted lands shall be deposited in the forest development

 

fund. In addition, this fund may receive revenues from any other

 

source. Except as otherwise provided in subsection (6), the The

 

authority shall use money in the forest development fund for 1 or

 

more of the following:

 

     (a) To provide for the payment of principal of and interest on

 

any bonds or notes issued by the authority.

 

     (b) For reforestation, forest protection, and timber stand

 

improvement.

 

     (c) To obtain and maintain certification of sustainable

 

forestry standards in the state forest under section 52505.

 

     (d) For the administration and enforcement of part 535.

 

Revenue deposited in the forest development fund as provided under

 

section 53519 shall be used only as provided in this subdivision.

 

     (e) (d) For any other purposes authorized by this part.

 

     (5) The auditor general shall audit the expenditures of the

 

forest development fund at least once every 3 years.

 

     (6) For fiscal year 2015-2016 only, $3,000,000.00 from the

 

forest development fund is transferred to the first responder

 

presumed coverage fund created under section 405 of the worker's

 

disability compensation act of 1969, 1969 PA 317, MCL 418.405.

 

                   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) "Forest development fund" means the forest development

 

fund created in section 50507.

 

     (d) "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.

 

     (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 timely review each

 

evaluation of the program under section 53507(1)(e).

 

     (2) The department may cease administering this part if either

 

of the following applies:

 

     (a) The revenue available from registered forester fees under

 

section 53509 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 an independent self-

 

directed body appointed by the state forester and created within

 

the department.

 

     (2) To be eligible to serve on the board, an individual must

 

be a citizen of the United States and a full-time resident of this

 

state and must have at least 10 years of professional forestry

 

experience. The board shall consist of not fewer than 5 or more

 

than 7 of the following, who shall be appointed by the state

 

forester from and nominated by the group 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 60 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) On a biennial basis, do both of the following:

 

     (i) Review the fee under section 53509 and adjust it to

 

operate a fiscally sound program.

 

     (ii) Provide the department an evaluation of the registered

 

forester program, including the number of registered foresters,

 

economic data, and other relevant program data.

 

     (2) The board may call witnesses and receive evidence in

 

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 of

 

its determination 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, subject to section

 

53507, for the registration period. The first payment shall be made

 

not more than 30 days after the application for registration is

 

granted under subsection (2).

 

     (b) Successfully complete not fewer than 24 hours of

 

continuing education every 2 years as approved by the board.

 

     (c) Demonstrate completion of continuing education

 

requirements under subdivision (b) as a condition for registration

 

renewal by submitting evidence of fulfillment to the board within

 

60 days of a request to do so.

 

     (d) Maintain good standing with the board by complying with

 

section 53515.

 

     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 registered

 

or licensed forester in another state or country if the board

 

considers the requirements of the state or country to be equivalent

 

to the requirements for registration in this state.

 

     Sec. 53513. An individual 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 the following

 

general forestry activities, but only for the purpose of

 

sustainable forest management and silviculture:

 

     (i) Sustainable forest management and silviculture.

 

     (ii) Forest management planning.

 

     (iii) Forest stand improvement.

 

     (iv) Forest mensuration, inventory, forest products appraisal,

 

and timber sale administration.

 

     (v) Reconnaissance and mapping of forest and watershed lands;

 

investigation of wildland soils; delineation and mapping of

 

forestlands and forest management boundaries, not including the

 

establishment of property corners or boundaries.

 

     (vi) Preparation and utilization of GIS/GPS maps, equipment,

 

and software to assist in forest management planning, planting,

 

harvesting, and protection. GIS/GPS maps created for forest

 

management purposes are not official survey maps.

 

     (vii) Forest economics.

 

     (viii) Forest utilization, renewable energy production, and

 

forest product development.

 

     (ix) Forest protection and restoration.

 

     (x) Forest regeneration, reforestation, and afforestation.

 

     (xi) Forest nursery production.

 

     (xii) Application of best management practices.

 

     (xiii) Addressing legal and social aspects of forestry and

 

forestlands.

 

     (xiv) Preparation of forest management related contracts,

 

litigation reports, timber trespass investigation, and testimony.

     (xv) Development, maintenance, conservation, and protection of

 

wildlife habitat and forest range resources.

 

     (xvi) Forest recreation and environmental studies.

 

     (xvii) The development of access for protection and management

 

of the resource.

 

     (xviii) Adaptation of forests and forest practices related to

 

climate change.

 

     (xix) Urban forestry and arboriculture.

 

     (xx) Utility forestry and utility vegetation management.

 

     (xxi) Teaching collegiate-level forestry courses or forestry

 

outreach based on sound scientific principles or conducting

 

scientific research in forestry at a SAF-accredited university or

 

board-approved program.

 

     (xxii) Forest research and monitoring.

 

     (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 or of an order

 

under section 53517. 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 30 days, submit the

 

complaint to the members of the violations committee. Within 30

 

days after receiving the complaint from the chairperson, 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, within 30 days after its determination,

 

notify the complainant in writing of its determination and the

 

reasons for its determination. 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 after its

determination, notify, by United States mail, the registered

 

forester who is the subject of the complaint of all of the

 

following:

 

     (a) The allegations in the complaint.

 

     (b) That the registered forester may respond to the

 

allegations in writing.

 

     (c) 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 30 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 30 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) Revenue from registered forester fees under

 

section 53509 shall be deposited in the forest development fund.

 

     (2) The state treasurer shall promptly transfer to the forest

 

development fund the fund balance from registered forester fees in

 

the licensing and regulation fund created in section 3 of the state

 

license fee act, 1979 PA 152, MCL 338.2203.

 

     Enacting section 1. The following acts and parts of acts are

 

repealed:

 

     (a) Section 29 of the state license fee act, 1979 PA 152, MCL

 

338.2229.

 

     (b) Article 21 of the occupational code, 1980 PA 299, MCL

 

339.2101 to 339.2108.

 

     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. 5002 (request no.

 

00802'17 a) of the 99th Legislature is enacted into law.