HB-4379, As Passed Senate, June 11, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4379

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

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 ~~shall be~~

are appointed by the county board of commissioners. Two members of

the county forestry committee shall be qualified foresters,

~~registered under article 21 of the occupational code, Act No. 299~~

~~of the Public Acts of 1980, being sections 339.2101 to 339.2108 of~~

~~the Michigan Compiled Laws,~~ 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, ~~Act No. 338 of the~~

~~Public Acts of 1974, being sections~~ 1974 PA 338, MCL 125.1601 to

125.1636, ~~of the Michigan Compiled Laws,~~ 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[i].

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. ~~registered under article 21 of the~~

~~occupational code, Act No. 299 of the Public Acts of 1980, being~~

~~sections 339.2101 to 339.2108 of the Michigan Compiled Laws.~~

(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[i].

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

~~211.157.~~211.155.

(b) "Commercial forest" or "commercial forestland" means

forestland that is determined to be a commercial forest under

section 51103.

the commercial forest designation ~~pursuant to~~ under section 51116.

(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 ~~registered~~ 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 ~~a person~~ 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 ~~who~~ 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 ~~who~~

that holds the land contract vendee's interest and does not include

the person ~~who~~ that holds the land contract vendor's interest.

(i) "Personal use" means use for any noncommercial purpose.

(j) ~~"Registered~~ "Qualified forester" means ~~a person registered~~

~~under article 21 of the occupational code, 1980 PA 299, MCL~~

~~339.2101 to 339.2108.~~that term as defined in section 7jj of the

general property tax act, 1893 PA 206, MCL 211.7jj[i].

(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