This bill makes changes to the law relative to the management of state forests.
STATE FORESTER'S DUTY TO PROMULGATE RULES REMOVED
Under present law, the director of the division of forestry ("state forester") has a number of duties and responsibilities. One of these is that the state forester is required to, with approval of the commissioner of agriculture ("commissioner"), promulgate such rules and regulations as may be necessary to implement the law pertaining to forestry. This bill removes this provision, instead granting such rule promulgation authority solely to the commissioner as described below.
POWERS OF THE DIVISION OF FORESTRY
Present law provides that the division of forestry has the power to enforce all conservation laws and regulations of the state affecting matters or materials under the jurisdiction of the division. This bill deletes this provision.
THIRD PARTY AGREEMENTS
Present law requires the state forester to cooperate with the public and private forestry interests, government entities and private organizations to promote the efficient marketing and utilization of the state's forest resource. This bill deletes this provision and substitutes a new provision, requiring the state forester to enter into agreements with third parties for the planning, provision, or administration of conservation or maintenance of, or recreational programs in, state forests, or to otherwise promote the use of state forests and their resources.
AUTHORITY OF COMMISSIONER
In addition to other authority granted to the commissioner under law, this bill authorizes the commissioner to do the following:
(1) Promulgate rules to effectuate the law relative to state forestry; and
(2) Request assistance from law enforcement agencies, and designate officers of those agencies as agents of the division for enforcement of the law relative to state forests and rules promulgated in accordance with the law relative to state forests.
VIOLATIONS
This bill classifies a violation of the law relative to state forests as a Class C misdemeanor, punishable by no more than 30 days of imprisonment, a fine not to exceed $50, or both, unless otherwise provided under law. Additionally, this bill provides that a person who commits one or more of the following acts or omissions is subject to a civil penalty of up to $10,000 per day for each day during which the act or omission continues or occurs:
(1) Damage or vandalism to a state forest;
(2) The intentional removal or destruction in a state forest of a threatened plant species or special concern plant species, as described on the list required to be kept by the commissioner, or endangered species of plant, as described on the list required by law to be adopted and published, and in all rules promulgated pursuant to those provisions; or
(3) A violation of the law relative to state forests or a rule promulgated under such law.
In assessing the civil penalty, this bill requires the court to consider the following factors:
(1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(2) Damages resulting from harm to the state forest, including compensation for loss or destruction of a part of the state forest, expenses involved in enforcing this provision, and the cost involved in rectifying harm caused by the violation;
(3) The cause of the violation; and
(4) The economic benefit gained by the violator.
This bill authorizes the commissioner, through the attorney general and reporter and on behalf of the department, to institute proceedings for assessment of a civil penalty, damages, and equitable relief in the chancery court of Davidson County or in the chancery court of the county in which all or part of the act or omission occurred. In an action brought pursuant to this provision, the commissioner may recover certain damages for the harm to a state forest or the department that was the result of an act or omission described above, or seek injunctive relief to restrain continued and future violations. However, the state is not prohibited from recovering additional civil damages for harm to state property as otherwise provided by law.
TENNESSEE STATE FOREST RESOURCES FUND
This bill creates, within the general fund, a special account known as the Tennessee state forest resources fund ("the fund"), which must be administered by the commissioner. All moneys collected pursuant to the law relative to state forests or rules promulgated under the law relative to state forests, including the payment of fees, civil penalties, or restitution, and all moneys collected for the purchase or lease of interests in state forest land or facilities, must be deposited into the fund.
This bill clarifies that moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund may be expended at the direction of the commissioner only to defray costs associated with implementing and effectuating the purposes of the law relative to state forests.

Statutes affected:
Introduced: 11-4-301(d)(18), 11-4-301, 11-4-301(d), 11-4-409