Bill Text: MI HB4379 | 2013-2014 | 97th Legislature | Enrolled

Michigan House Bill 4379 (Prior Session Legislation)

Bill Title: Occupations; foresters; qualified foresters; define in NREPA. Amends secs. 50703, 50706 & 51101 of 1994 PA 451 (MCL 324.50703 et seq.). TIE BAR WITH: HB 4380'13, HB 4381'13

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2014-08-27 - Re-referred To Committee On Regulatory Reform [HB4379 Detail]

Download: Michigan-2013-HB4379-Enrolled.html

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Crawford and Kesto

ENROLLED HOUSE BILL No. 4379

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 50703, 50706, and 51101 (MCL 324.50703, 324.50706, and 324.51101), sections 50703 and 50706 as added by 1995 PA 57 and section 51101 as amended by 2006 PA 383.

The People of the State of Michigan enact:

Sec. 50703. (1) A county forestry committee is created for purposes of this part and shall consist of 5 members who are appointed by the county board of commissioners. Two members of the county forestry committee shall be qualified foresters, 1 member shall be a member of the county economic development corporation, 1 member shall be a member of the county board of commissioners, and 1 member shall be a resident of the county who is not a county official or employee. If the county has not established an economic development corporation under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, 2 members shall be residents of the county who are not county officials or employees. The members of the county forestry committee shall be appointed for a term of 4 years, except that of the first appointments, 2 shall be for a term of 4 years, 1 shall be for a term of 3 years, 1 shall be for a term of 2 years, and 1 shall be for a term of 1 year. All actions of the county forestry committee shall be approved by the county board of commissioners. A vacancy on the county forestry committee shall be filled by the county board of commissioners for the remainder of the unexpired term.

(2) As used in this section, “qualified forester” means that term as defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211.7jj[1].

Sec. 50706. (1) Within 30 days after the execution of a lease authorized by this part, the county forestry committee shall submit to the department for approval a forest management plan prepared by a qualified forester.

(2) As used in this section, “qualified forester” means that term as defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211.7jj[1].

Sec. 51101. As used in this part:

(a) “Ad valorem general property tax” means taxes levied under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.

(b) “Commercial forest” or “commercial forestland” means forestland that is determined to be a commercial forest under section 51103.

(d) “Forestland” means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:

(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth.

(ii) Is not used for agricultural, mineral extraction except as provided in section 51113, grazing, industrial, developed recreational, residential, resort, commercial, or developmental purposes.

(iii) The owner agrees to develop, maintain, and actively manage the land as a commercial forest through planting, natural reproduction, or other silvicultural practices.

(e) “Forest management plan” means a written plan prepared and signed by a qualified forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. The forest management plan shall include schedules and timetables for the various silvicultural practices used on commercial forestlands, including, but not limited to, timber harvesting and regeneration.

(f) “Fund” means the commercial forest fund created under section 51112.

(g) “Natural resources professional” means an individual who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part.

(h) “Owner” means a person that holds title to the surface estate of forestland subject to this part. However, if land is purchased on a land contract, the owner includes the person that holds the land contract vendee’s interest and does not include the person that holds the land contract vendor’s interest.

(i) “Personal use” means use for any noncommercial purpose.

(j) “Qualified forester” means that term as defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211.7jj[1].

(k) “Silvicultural practices” means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:

(a) Senate Bill No. 481.

(b) Senate Bill No. 484.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor