SB-0056, As Passed House, May 23, 2013

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 56

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 9301, 9302, 9304, 9307, 9308, and 9310 (MCL

 

324.9301, 324.9302, 324.9304, 324.9307, 324.9308, and 324.9310),

 

sections 9301, 9302, 9304, 9308, and 9310 as amended by 1998 PA 463

 

and section 9307 as amended by 2004 PA 439, and by adding sections

 

51301, 51302, 51305, and 51306; and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9301. As used in this part:

 

     (a) "Agency of this state" includes the government of this

 

state and any subdivision, agency, or instrumentality, corporate or

 

otherwise, of the government of this state.

 


     (b) "Board" or "conservation district board" means the

 

governing body of a conservation district.

 

     (c) "Compliance assistance agent" means an individual who

 

provides technical assistance to individuals, organizations,

 

agencies, or others to aid them in complying with federal and state

 

laws and local conservation ordinances.

 

     (d) "Conservation species" means those plant species

 

beneficial for conservation practices as authorized included on the

 

list prepared under section 9304a by the conservation species

 

advisory panel.

 

     (e) "Conservation species advisory panel" means the

 

conservation species advisory panel created in section 9304a.

 

     (f) "Department" means the department of agriculture and rural

 

development.

 

     (g) "Director" means 1 of the members of the conservation

 

district board, elected or appointed in accordance with this part.

 

     (h) "District" or "conservation district" means a governmental

 

subdivision of this state, and a public body corporate and politic,

 

organized in accordance with this part, for the purposes, with the

 

powers, and subject to the restrictions set forth in this part.

 

     (i) "Government" or "governmental" includes the government of

 

this state, the government of the United States, and any

 

subdivision, agency, or instrumentality, corporate or otherwise, of

 

either of them.

 

     (j) "Landowner" includes any person who holds title to or has

 

contracted to purchase any land lying within a district organized

 

under this part or former 1937 PA 297.

 


     (k) "Person" means an individual, partnership, or corporation.

 

     (l) "Plant rescue" means to physically move native conservation

 

species of plants from 1 location in Michigan to another location

 

in Michigan for the purpose of reestablishing the native

 

conservation species.

 

     (m) "Qualified forester" means that term as defined in section

 

51301.

 

     (n) (m) "Resident" means a person who is of legal age to vote

 

and can demonstrate residency in the district via with 1 piece of

 

identification.

 

     (o) (n) "State" means this state.

 

     (p) (o) "United States" or "agencies of the United States"

 

includes the United States of America, the natural resources

 

conservation service of the United States department of

 

agriculture, and any other agency or instrumentality, corporate or

 

otherwise, of the United States of America.

 

     Sec. 9302. It is the policy of the legislature to provide for

 

the conservation of the natural resources of the state, including

 

soil, water, farmland, forestland, and other natural resources, and

 

to provide for the control and prevention of soil erosion, and

 

thereby to conserve the natural resources of this state, control

 

floods, prevent impairment of dams and reservoirs, assist in

 

maintaining the navigability of rivers and harbors, preserve

 

wildlife, protect the tax base, protect public lands, and protect

 

and promote the health, safety, and general welfare of the people

 

of this state.

 

     Sec. 9304. In addition to the other duties and powers

 


conferred upon the department under this part, the department has

 

the following duties and powers:

 

     (a) To offer such assistance as may be appropriate to the

 

directors of conservation districts in implementing any of their

 

responsibilities under this part and as otherwise provided by law.

 

     (b) To keep the directors of each of the districts informed of

 

the activities and experience of all other districts and to

 

facilitate an interchange cooperation and sharing of advice and

 

experience between the districts. and cooperation between them.

 

     (c) To approve and coordinate the programs of all conservation

 

districts.

 

     (d) To secure the cooperation and assistance of the United

 

States and any of its agencies, and the state and any of its

 

agencies, in the work of the districts, and to formulate policies

 

and procedures as the department considers necessary for the

 

extension of aid in any form from federal or state agencies to the

 

districts.

 

     (e) To disseminate information throughout the state concerning

 

the activities and programs of the conservation districts and to

 

encourage the formation of districts in areas where their

 

organization is desirable.

 

     (f) To review district budgets and financial information,

 

including audit reports.

 

     Sec. 9307. (1) A conservation district board shall consist of

 

5 directors. , elected or appointed as provided in this part. The

 

directors shall designate a chairperson annually.

 

     (2) The term of office of each director shall be 4 years. All

 


directors shall be elected at an annual meeting by residents of the

 

district. The election shall be nonpartisan and the directors shall

 

be elected by the residents of the district at large. At least 60

 

days prior to the annual meeting, a candidate for conservation

 

district director must shall file at the conservation district

 

office a petition signed by 5 residents of the district. A

 

candidate must be a resident of the district. The annual meeting

 

shall be held at a date determined by the board of directors of the

 

district. Notice of the annual meeting shall be published in the

 

official newspaper of record for the area in which the district is

 

located at least 45 days prior to the date of the annual meeting.

 

This notice shall include the date, time, and location of the

 

annual meeting, an agenda of items to be considered at the meeting,

 

and a list of all candidates for directors of the conservation

 

district. A resident of a district who is unable to attend the

 

annual meeting may vote for the directors of the conservation

 

district by absentee ballot as follows:

 

     (a) In person at the conservation district office, during

 

regular business hours of the conservation district office, at any

 

time after publication of the notice and prior to the annual

 

meeting.

 

     (b) By mail received at the conservation district office at

 

any time after publication of the notice and prior to the annual

 

meeting.

 

     (3) Director elections shall be certified by the department. A

 

director shall hold office until a successor has been elected and

 

qualified. Vacancies shall be filled by appointment by the board

 


until the next annual meeting.

 

     (4) A majority of the directors constitutes a quorum, and the

 

concurrence of a majority in any matter within their duties is

 

required for its determination. A director is entitled to expenses,

 

including traveling expenses necessarily incurred in the discharge

 

of his or her duties. A director may be paid a per diem for time

 

spent undertaking his or her duties as a director in an amount not

 

to exceed the per diem paid to a member of the commission of

 

agriculture and rural development.

 

     (5) The directors A conservation district board may employ a

 

secretary, technical experts, and such other officers, agents, and

 

employees, permanent and temporary, as they the board may require,

 

and shall determine their qualifications, duties, and compensation.

 

The directors may A board shall call upon the attorney general of

 

the state for legal services as they the board may require. The

 

directors A board may delegate to their its chairperson, to 1 or

 

more directors, or to 1 or more agents or employees any powers and

 

duties that they consider the board considers proper. The directors

 

A board shall furnish to the department, upon request, copies of

 

ordinances, rules, regulations, orders, contracts, forms, and other

 

documents that they adopt or employ, the board adopts or utilizes

 

and any other information concerning their the board's activities

 

that the department may require in the performance of its duties

 

under this part.

 

     (6) The directors A conservation district board shall do all

 

of the following:

 

     (a) Provide for the execution of surety bonds for all

 


conservation district employees and officers who are entrusted with

 

funds or property.

 

     (b) Provide for the keeping of a full and accurate record of

 

all proceedings and of all resolutions, regulations, and orders

 

issued or adopted.

 

     (c) Determine the fiscal year of the district.

 

     (7) To be eligible for a grant of $50,000.00 or more from the

 

department, a conservation district shall do all of the following:

 

     (a) Annually submit to the department a budget setting forth

 

the purpose and amount of the expenses expected to be incurred and

 

the source and amount of revenue expected to be received during the

 

ensuing fiscal year.

 

     (b) Maintain accurate financial records of receipts and

 

disbursements and uniform accounting in accordance with generally

 

accepted accounting principles under procedures prescribed by the

 

department.

 

     (c) (d) Provide for an annual a biennial independent certified

 

audit by a certified public accountant of the accounts of receipts

 

and disbursements.financial records, accounts, and procedures of

 

the district. The audit report shall show profits and losses and

 

the financial condition of the district.

 

     (e) Maintain accurate financial records of receipts and

 

disbursements of state funds, which records shall be made available

 

to the department.

 

     (d) Agree to comply with subsection (8), and agree to return

 

any grant funds received if subsection (8) is violated.

 

     (8) A professional forester employed under a grant described

 


in subsection (7) shall not use his or her position to do either or

 

both of the following:

 

     (a) Compete with a private sector business.

 

     (b) Develop a client base for forestry consultation during

 

hours when he or she is not employed by the conservation district.

 

     (9) The department may promulgate rules to implement

 

subsection (7). However, rules promulgated under this subsection

 

shall remain in effect not later than 3 years after the effective

 

date of the 2013 amendatory act that amended this section.

 

     (10) A conservation district board is responsible for the

 

exercise of the powers and the performance of the duties of a

 

conservation district under this part.

 

     (11) (7) Any director may be removed by the department upon

 

notice and hearing for neglect of duty or malfeasance in office,

 

but for no other reason.

 

     (12) (8) The directors A conservation district board may

 

invite the legislative body of any municipality or county located

 

near the territory comprised within the district to designate a

 

representative to advise and consult with the directors of the

 

district board on all questions of program and policy that may

 

affect the property, water supply, or other interests of the

 

municipality or county.

 

     Sec. 9308. (1) A conservation district organized under this

 

part constitutes a governmental subdivision of this state and a

 

public body corporate and politic, exercising public powers, and a

 

conservation district and the conservation district's district

 

board has all of the following powers, in addition to powers

 


otherwise granted in this part:

 

     (a) To conduct surveys, investigations, and research relating

 

to the conservation of farmland, forestland, and natural resources,

 

to publish the results of the surveys, investigations, or research,

 

and to disseminate that information upon obtaining the consent of

 

the landowner or the necessary rights or interest in the lands. In

 

order to avoid duplication of research activities, a district shall

 

not initiate any research program except in cooperation with the

 

government of this state or any of its agencies or with the United

 

States. or any of its agencies.

 

     (b) To conduct demonstrational projects within the district on

 

lands owned or controlled by this state or any of its agencies,

 

with the cooperation of the agency administering and having

 

jurisdiction of the lands, and on any other lands within the

 

district upon obtaining the consent of the owner of the lands or

 

the necessary rights or interest in the lands, in order to

 

demonstrate by example the means, methods, and measures by which

 

farmland, forestland, and natural resources may be conserved and

 

soil erosion in the form of soil blowing and soil washing may be

 

prevented and controlled.

 

     (c) To carry out preventive and control measures within the

 

district including, but not limited to, engineering operations,

 

methods of cultivation, the growing of vegetation, changes in use

 

of land, and other measures to achieve purposes listed in

 

declaration of policy, on lands owned or controlled by this state

 

or any of its agencies, with the cooperation of the agency

 

administering and having jurisdiction of the lands, and on any

 


other lands within the district upon obtaining the consent of the

 

landowners or the necessary rights or interests in the lands.

 

     (d) To cooperate or enter into agreements with and, within the

 

limits of appropriations made available to it by law, to furnish

 

financial or other aid to any agency, governmental or otherwise, or

 

any landowner within the district or his or her designated

 

representative, in the conducting of erosion-control and prevention

 

operations within the district, subject to conditions as the

 

directors consider necessary to advance the purposes of this part.

 

     (e) To obtain options upon and to acquire, by purchase,

 

exchange, lease, gift, grant, bequest, devise, or otherwise, any

 

property, real or personal, or rights or interests in that

 

property; to maintain, administer, and improve any properties

 

acquired, to receive income from the properties, and to expend

 

income in carrying out the purposes and provisions of this part;

 

and to sell, lease, or otherwise dispose of any of its property or

 

interests in property in furtherance of the purposes and provisions

 

of this part.

 

     (f) To make available, on the terms it prescribes, to

 

landowners or their designated representatives within the district

 

and to other conservation districts, in Michigan, agricultural and

 

engineering machinery and equipment, fertilizer, seeds, and

 

seedlings, and other material or equipment as that will assist

 

landowners or their designated representatives to carry on

 

operations upon their lands for the conservation of farmland,

 

forestland, and natural resources and for the prevention and

 

control of soil erosion.

 


     (g) To engage in plant rescue operations and to propagate,

 

plant, harvest, and, subject to section 9304a, sell only

 

conservation species. on the list established in section 9304a. A

 

conservation district that violates this subdivision is subject to

 

a civil fine of not more than $100.00 per day of violation. An

 

action to enforce this subdivision may be brought by the state or a

 

county in the circuit court for the county in which the

 

conservation district is located or in which the violation

 

occurred.

 

     (h) To provide technical assistance to other conservation

 

districts.

 

     (i) To construct, improve, and maintain structures as may be

 

necessary or convenient for the performance of any of the

 

operations authorized in this part.

 

     (j) To develop comprehensive plans for the conservation of

 

farmland, forestland, and natural resources and for the control and

 

prevention of soil erosion within the district or other

 

conservation districts. The plans shall specify, in such detail as

 

is possible, the acts, procedures, performances, and avoidances

 

that are necessary or desirable for the effectuation of the plans,

 

including the specification of engineering operations, methods of

 

cultivation, the growing of vegetation, cropping programs, tillage

 

practices, and changes in use of land; and to publish the plans and

 

information described in this subdivision and bring them to the

 

attention of residents of the district.

 

     (k) To take over, by purchase, lease, or otherwise, and to

 

administer any farmland, and forestland, or natural resource

 


conservation project located within its boundaries undertaken by

 

the United States or any of its agencies or by this state or any of

 

its agencies; to manage, as agent of the United States or any of

 

its agencies or of this state or any of its agencies, any farmland,

 

and forestland, or natural resource conservation project within its

 

boundaries; to act as agent for the United States or any of its

 

agencies or for this state or any of its agencies in connection

 

with the acquisition, construction, operation, or administration of

 

any farmland, and forestland, or natural resource conservation

 

project within its boundaries; to accept donations, gifts, and

 

contributions in money, services, materials, or otherwise, from the

 

United States or any of its agencies or from this state or any of

 

its agencies, and to use or expend the money, services, materials,

 

or other contributions in carrying on its operations; and to accept

 

money, gifts, and donations from any other source not specified in

 

this subdivision.

 

     (l) To sue and be sued in the name of the district; to have a

 

seal that is judicially noticed; to have perpetual succession

 

unless terminated as provided in this part; to make and execute

 

contracts and other instruments necessary or convenient to the

 

exercise of its powers; and to make, and from time to time amend

 

and repeal, rules and regulations in a manner that is not

 

inconsistent with this part to carry into effect its purposes and

 

powers.

 

     (m) To borrow money for facilities or equipment for

 

conservation purposes and pledge the assets of the district as

 

collateral against loans. Any money borrowed shall be solely the

 


obligation of the conservation district and not the obligation of

 

the state or any other public entity in the state.

 

     (n) As a condition to the extension of any benefit under this

 

part to, or the performance of work upon, any lands not owned or

 

controlled by this state or any of its agencies, the directors may

 

require contributions in money, services, materials, or otherwise

 

to any operation conferring the benefits, and may require

 

landowners to enter into and perform agreements or covenants as to

 

the permanent use of the lands that will tend to prevent or control

 

erosion on those lands.

 

     (o) To act as a compliance assistance agent for other federal,

 

state, and county laws.

 

     (p) To act as the enforcing agency for a county if designated

 

under section 9105.

 

     (q) To collaborate with the department in reviewing

 

applications for exemption as qualified forest property under

 

section 7jj of the general property tax act, 1893 PA 206, MCL

 

211.7jj[1].

 

     (r) Subject to subsection (2), in cooperation with the

 

department, to evaluate nonindustrial private forestlands.

 

     (s) Subject to subsection (3), to provide landowners any of

 

the following:

 

     (i) Technical assistance regarding potential environmental,

 

ecological, and economic benefits of forestry, wildlife habitat,

 

and wetland development and restoration.

 

     (ii) Contact information for qualified foresters.

 

     (iii) Contact information for other forest resource

 


professionals that may have voluntarily provided information to the

 

department.

 

     (2) Except as otherwise provided in this subsection, a

 

conservation district shall not develop management plans for

 

nonindustrial private forestlands. A district shall provide a

 

landowner upon request with a list of qualified foresters to

 

develop management plans. The list shall be developed and

 

maintained by the department. If requested by a landowner, the

 

conservation district shall post on its website notice that the

 

landowner is seeking forest management plan preparation; timber

 

harvesting, marketing, or thinning; or similar services. If, after

 

the notice is posted for at least 30 days on the conservation

 

district's website, a landowner is unable to identify a private

 

forester willing to develop a forest management plan, the

 

conservation district may, upon approval by the department, prepare

 

a forest management plan for the landowner.

 

     (3) The exercise of powers under subsection (1)(s) does not

 

affect the regulatory authority of any state department.

 

     (4) (2) Unless authorized by the county board of commissioners

 

of each county in which a conservation district is located, a

 

conservation district shall not enforce state or federal laws.

 

     (5) (3) Unless otherwise specifically provided by law,

 

provisions with respect to the acquisition, operation, or

 

disposition of property by other public bodies are not applicable

 

to a district organized under this part.

 

     Sec. 9310. (1) Agencies of this state that have jurisdiction

 

over, or are charged with the administration of, any state owned

 


lands, and agencies of any county or other governmental subdivision

 

of the state that have jurisdiction over, or are charged with the

 

administration of, any county owned or other publicly owned lands,

 

lying within the boundaries of any conservation district, shall

 

cooperate to the fullest extent with the directors of the districts

 

district in the effectuation of programs and operations undertaken

 

by conservation districts the district under this part. The

 

directors of the districts Agents of the district shall be given

 

free access to enter and perform work upon such publicly owned

 

lands.

 

     (2) The board of a A conservation district may cooperate with

 

and enter into agreements with a county, township, municipality, or

 

other subdivision of state government in implementing soil, water,

 

forestland, and related land-use projects. A county, township,

 

municipality, or other subdivision of state government through its

 

governing body may cooperate with and enter into agreement with a

 

conservation districts district in carrying out this part and may

 

assist districts a district by providing them it with such

 

materials, equipment, money, personnel, and other services. as the

 

governmental unit considers advisable.

 

     Sec. 51301. As used in this part:

 

     (a) "Conservation district" means that term as it is defined

 

in section 9301.

 

     (b) "Demonstration project" means a forest improvement project

 

designed to illustrate the implementation and impact of alternate

 

forest practices.

 

     (c) "Commission" means the commission of agriculture and rural

 


development.

 

     (d) "Department" means the department of agriculture and rural

 

development.

 

     (e) "Director" means the director of the department or his or

 

her designee.

 

     (f) "Follow-up work" means forest practices to promote the

 

survival of seeds or seedlings or the protection or enhancement of

 

other work previously undertaken under this part.

 

     (g) "Forest improvement project" means any of the following:

 

     (i) Production, processing, handling, storage, marketing, or

 

transportation of forest resources, including sawmills, hardboard

 

mills, power stations, warehouses, air and water pollution control

 

equipment, and solid waste disposal facilities.

 

     (ii) Forest practice or follow-up work.

 

     (iii) Study, planning, or other work intended to improve

 

forestlands or forest resources or to demonstrate means of

 

improving forestlands or forest resources.

 

     (h) "Forest management plan" means that term as it is defined

 

in section 7jj of the general property tax act, 1893 PA 206, MCL

 

211.7jj[1].

 

     (i) "Forest practice" means that term as it is defined in

 

section 7jj of the general property tax act, 1893 PA 206, MCL

 

211.7jj[1].

 

     (j) "Forest resources" means those products, uses, and values

 

associated with forestland, including recreation and aesthetics,

 

fish, forage, soil, timber, watershed, wilderness, and wildlife.

 

     (k) "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 the owner of which agrees

 

to develop, maintain, and actively manage the land as a private

 

forest through planting, natural reproduction, or other

 

silvicultural practices. Forestland includes land from which forest

 

tree species have been removed and have not been restocked, but

 

does not include land converted to uses other than the growing of

 

forest tree species or land currently zoned for uses incompatible

 

with forest practices.

 

     (l) "Fund" means the private forestland enhancement fund

 

created in section 51305.

 

     (m) "Harvest" means that term as it is defined in section 7jj

 

of the general property tax act, 1893 PA 206, MCL 211.7jj[1].

 

     (n) "Landowner" means a person who holds an ownership interest

 

in nonindustrial private forestland.

 

     (o) "Nonindustrial private forestland" means a privately owned

 

tract of land consisting of 20 or more acres, or the timber rights

 

in the land if the timber rights have been severed, that has the

 

productive capacity to grow on average not less than 20 cubic feet

 

per acre per year and that meets either of the following

 

conditions:

 

     (i) For a tract of land that contains less than 40 acres, at

 

least 80% of the land is occupied by forest tree species.

 

     (ii) For a tract of land that contains 40 or more acres, at

 

least 50% of the land is occupied by forest tree species.

 

     (p) "Qualified forester" means that term as it is defined in

 

section 7jj of the general property tax act, 1893 PA 206, MCL

 


211.7jj[1].

 

     (q) "Technical assistance" means direct on-site assistance

 

provided to individuals.

 

     (r) "Timber" means wood growth, mature or immature, growing or

 

dead, standing or down. Timber does not include any of the

 

following:

 

     (i) Christmas trees and associated greens.

 

     (ii) Material harvested from an individual's own land and used

 

on that land for the construction of fences or buildings or for

 

other personal use.

 

     (s) "Timber owner" means a person who holds an ownership

 

interest in species of forest trees on forestland. An ownership

 

interest includes a license or other right to harvest timber on

 

state lands.

 

     Sec. 51302. (1) This part is intended to stimulate improved

 

management and utilization of private forestland and private forest

 

resources within this state. Economic and community development

 

opportunities based on the private forest resource will be enhanced

 

by ensuring adequate future high-quality timber supplies, increased

 

employment opportunities, a diversified economy, and other economic

 

benefits and the conservation, maintenance, and enhancement of a

 

productive and stable forest resource system for the public benefit

 

of present and future generations.

 

     (2) The primary purpose of this part is to assist private

 

landowners in understanding the value of forest resources and the

 

potential threats to forest resources and to provide management

 

guidance.

 


     (3) The department may enter into cooperative agreements with

 

the federal agencies that have been given authority by act of

 

congress for the management of forestlands to assist landowners in

 

management of their nonindustrial private forestlands.

 

     Sec. 51305. (1) The private forestland enhancement fund is

 

created within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund, including general fund

 

general purpose appropriations, gifts, grants, and bequests. The

 

state treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only for 1 or more of the following purposes:

 

     (a) Direct assistance.

 

     (b) Indirect assistance.

 

     (c) Administrative costs.

 

     (6) The department shall establish criteria and procedures for

 

approving proposed expenditures from the fund.

 

     (7) The department of treasury shall, before November 1 of

 

each year, notify the department of the balance in the fund at the

 

close of the preceding fiscal year.

 

     (8) As used in this section:

 


     (a) "Administrative costs" includes, but is not limited to,

 

costs incurred in administering the qualified forest program

 

developed in section 7jj of the general property tax act, 1893 PA

 

206, MCL 211.7jj[1].

 

     (b) "Direct assistance" includes, but is not limited to,

 

programs that will provide for any of the following:

 

     (i) Programs devoted to nonindustrial private forestland to

 

encourage the judicious management of forestlands to maximize

 

economic and ecological value.

 

     (ii) Incentive and cost-share programs to assist landowners.

 

     (iii) Programs that enhance investment of private and federal

 

funds in sustainable forest management.

 

     (iv) Other programs established pursuant to this part.

 

     (c) "Indirect assistance" includes, but is not limited to,

 

programs that will provide for any of the following:

 

     (i) Public education and demonstration programs on sustainable

 

management of private forestland for increasing value for wildlife

 

habitat or timber management, or both.

 

     (ii) Educational programs.

 

     (iii) Technical assistance programs.

 

     (iv) The promotion of on-site evaluation systems and management

 

practices.

 

     Sec. 51306. (1) The department shall prepare and maintain a

 

list of qualified foresters in the state.

 

     (2) An individual who wishes to be included on the list of

 

qualified foresters shall submit a registration to the department

 

on a form prepared by the department. The registration form shall

 


include all of the following:

 

     (a) The category of qualified forester for which the

 

individual meets the necessary requirements.

 

     (b) The continuing education required for the individual to

 

maintain his or her status as a qualified forester, including the

 

date on which the continuing education is required to be completed.

 

     (c) A place for an individual to certify with his or her

 

signature that he or she meets the requirements of a qualified

 

forester and is current with any continuing education that is

 

required.

 

     (d) A place to designate whether the individual is submitting

 

a new registration or a renewal of registration.

 

     (3) An individual may update his or her registration at any

 

time by submitting a renewal of registration.

 

     (4) An individual who no longer meets the requirements to be

 

considered a qualified forester shall notify the department in

 

writing, and the department shall remove the individual from the

 

list of qualified foresters.

 

     (5) The department shall publish the list of qualified

 

foresters on the department's website.

 

     Enacting section 1. Sections 50110, 50112, and 50136 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.50110, 324.50112, and 324.50136, are repealed.

 

     Enacting section 2. This amendatory act takes effect June 1,

 

2013.