Bill Text: MI SB0603 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Natural resources; forests; forestry programs; transfer to the department of agriculture. Amends secs. 503, 701, 50102, 50110, 50112, 50136, 50301, 50302, 50501, 50503, 50701, 51101, 51201, 51501, 51701, 51901, 52501, 52503, 52504, 52505, 52506, 52701, 52901, 52902, 52903, 52905, 52907 & 52908 of 1994 PA 451 (MCL 324.503 et seq.).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2009-05-21 - Referred To Committee On Agriculture And Bioeconomy [SB0603 Detail]

Download: Michigan-2009-SB0603-Introduced.html

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SENATE BILL No. 603

 

 

May 21, 2009, Introduced by Senators VAN WOERKOM, KUIPERS, CROPSEY, JELINEK, JANSEN and PAPPAGEORGE and referred to the Committee on Agriculture and Bioeconomy.

 

 

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 503, 701, 50102, 50110, 50112, 50136, 50301,

 

50302, 50501, 50503, 50701, 51101, 51201, 51501, 51701, 51901,

 

52501, 52503, 52504, 52505, 52506, 52701, 52901, 52902, 52903,

 

52905, 52907, and 52908 (MCL 324.503, 324.701, 324.50102,

 

324.50110, 324.50112, 324.50136, 324.50301, 324.50302, 324.50501,

 

324.50503, 324.50701, 324.51101, 324.51201, 324.51501, 324.51701,

 

324.51901, 324.52501, 324.52503, 324.52504, 324.52505, 324.52506,

 

324.52701, 324.52901, 324.52902, 324.52903, 324.52905, 324.52907,

 

and 324.52908), section 503 as amended by 2004 PA 587, section

 

701 as added by 1995 PA 60, sections 50102, 50110, 50112, 50136,

 

50301, 50302, 50503, 50701, 51701, 51901, 52701, 52901, 52902,

 

52903, 52905, and 52907 as added by 1995 PA 57, section 50501 as

 

amended by 2004 PA 124, section 51101 as amended by 2006 PA 383,

 

section 51201 as added by 2006 PA 381, section 51501 as amended

 

by 2004 PA 529, section 52501 as amended and sections 52503,

 

52505, and 52506 as added by 2004 PA 125, section 52504 as

 

amended by 2006 PA 500, and section 52908 as amended by 2001 PA

 

155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 503. (1) The department shall protect and conserve the

 

 2  natural resources of this state; provide and develop facilities

 

 3  for outdoor recreation; prevent the destruction of timber and

 

 4  other forest growth by fire or otherwise; promote the reforesting

 

 5  of forestlands belonging to the state; prevent and guard against

 

 6  the pollution of lakes and streams within the state and enforce

 

 7  all laws provided for that purpose with all authority granted by

 

 8  law; and foster and encourage the protecting and propagation of

 

 9  game and fish. The department has the power and jurisdiction over

 

10  the management, control, and disposition of all land under the

 

11  public domain, except for those lands under the public domain

 

12  that are managed by other state agencies to carry out their

 

13  assigned duties and responsibilities. On behalf of the people of

 

14  the state, the department may accept gifts and grants of land and

 

15  other property and may buy, sell, exchange, or condemn land and

 

16  other property, for any of the purposes contemplated by this

 

17  part. The department may accept funds, money, or grants for

 

18  development of salmon and steelhead trout fishing in this state

 

19  from the government of the United States, or any of its

 

20  departments or agencies, pursuant to the anadromous fish

 

21  conservation act, 16 USC 757a to 757f, and may use this money in

 

 1  accordance with the terms and provisions of that act. However,

 

 2  the acceptance and use of federal funds does not commit state

 

 3  funds and does not place an obligation upon the legislature to

 

 4  continue the purposes for which the funds are made available.

 

 5        (2) The department may lease lands owned or controlled by

 

 6  the department or may grant concessions on lands owned or

 

 7  controlled by the department to any person for any purpose that

 

 8  the department determines to be necessary to implement this part.

 

 9  In granting a concession, the department shall provide that each

 

10  concession is awarded at least every 7 years based on extension,

 

11  renegotiation, or competitive bidding. However, if the department

 

12  determines that a concession requires a capital investment in

 

13  which reasonable financing or amortization necessitates a longer

 

14  term, the department may grant a concession for up to a 15-year

 

15  term. A concession granted under this subsection shall require,

 

16  unless the department authorizes otherwise, that all buildings

 

17  and equipment shall be removed at the end of the concession's

 

18  term. Any lease entered into under this subsection shall limit

 

19  the purposes for which the leased land is to be used and shall

 

20  authorize the department to terminate the lease upon a finding

 

21  that the land is being used for purposes other than those

 

22  permitted in the lease. Unless otherwise provided by law, money

 

23  received from a lease or a concession of tax reverted land shall

 

24  be credited to the fund providing financial support for the

 

25  management of the leased land. Money received from a lease of all

 

26  other land shall be credited to the fund from which the land was

 

27  purchased. However, money received from program-related leases on

 

 1  these lands shall be credited to the fund providing financial

 

 2  support for the management of the leased lands. For land managed

 

 3  by the forest management division of the department, that fund is

 

 4  either the forest development fund established pursuant to part

 

 5  505 or the forest recreation account of the Michigan conservation

 

 6  and recreation legacy fund provided for in section 2005. For land

 

 7  managed by the wildlife or fisheries division of the department,

 

 8  that fund is the game and fish protection account of the Michigan

 

 9  conservation and recreation legacy fund provided for in section

 

10  2010.

 

11        (3) When the department sells land, the deed by which the

 

12  land is conveyed may reserve all mineral, coal, oil, and gas

 

13  rights to the state only when the land is in production or is

 

14  leased or permitted for production, or when the department

 

15  determines that the land has unusual or sensitive environmental

 

16  features or that it is in the best interest of this state to

 

17  reserve those rights as determined by commission policy. However,

 

18  the department shall not reserve the rights to sand, gravel,

 

19  clay, or other nonmetallic minerals. When the department sells

 

20  land that contains subsurface rights, the department shall

 

21  include a deed restriction that restricts the subsurface rights

 

22  from being severed from the surface rights in the future. If the

 

23  landowner severs the subsurface rights from the surface rights,

 

24  the subsurface rights revert to this state. The deed may reserve

 

25  to the state the right of ingress and egress over and across land

 

26  along watercourses and streams. Whenever an exchange of land is

 

27  made, either with the United States government, a corporation, or

 

 1  an individual, for the purpose of consolidating the state forest

 

 2  reserves, the department may issue deeds without reserving to the

 

 3  state the mineral, coal, oil, and gas rights and the rights of

 

 4  ingress and egress. The department may sell the limestone, sand,

 

 5  gravel, or other nonmetallic minerals. However, the department

 

 6  shall not sell a mineral or nonmetallic mineral right if the sale

 

 7  would violate part 353, part 637, or any other provision of law.

 

 8  The department may sell all reserved mineral, coal, oil, and gas

 

 9  rights to such lands upon terms and conditions as the department

 

10  considers proper and may sell oil and gas rights as provided in

 

11  part 610. The owner of such lands as shown by the records shall

 

12  be given priority in case the department authorizes any sale of

 

13  such lands, and, unless the landowner waives such rights, the

 

14  department shall not sell such rights to any other person. For

 

15  the purpose of this section, mineral rights do not include rights

 

16  to sand, gravel, clay, or other nonmetallic minerals.

 

17        (4) The department may enter into contracts for the sale of

 

18  the economic share of royalty interests it holds in hydrocarbons

 

19  produced from devonian or antrim shale qualifying for the

 

20  nonconventional fuel credit contained in section 29 45k of the

 

21  internal revenue code of 1986. However, in entering into these

 

22  contracts, the department shall assure that revenues to the

 

23  natural resources trust fund under these contracts are not less

 

24  than the revenues the natural resources trust fund would have

 

25  received if the contracts were not entered into. The sale of the

 

26  economic share of royalty interests under this subsection may

 

27  occur under contractual terms and conditions considered

 

 1  appropriate by the department and as approved by the state

 

 2  administrative board. Funds received from the sale of the

 

 3  economic share of royalty interests under this subsection shall

 

 4  be transmitted to the state treasurer for deposit in the state

 

 5  treasury as follows:

 

 6        (a) Net proceeds allocable to the nonconventional fuel

 

 7  credit contained in section 29 45k of the internal revenue code

 

 8  of 1986, under this subsection shall be credited to the

 

 9  environmental protection fund created in section 503a.

 

10        (b) Proceeds related to the production of oil or gas from

 

11  devonian or antrim shale shall be credited to the natural

 

12  resources trust fund or other applicable fund as provided by law.

 

13        (5) As used in subsection (4):

 

14        (a) "Natural resources trust fund" means the Michigan

 

15  natural resources trust fund established in section 35 of article

 

16  IX of the state constitution of 1963 and provided for in section

 

17  1902.

 

18        (b) "Net proceeds" means the total receipts received from

 

19  the sale of royalty interests under subsection (4) less costs

 

20  related to the sale. Costs may include, but are not limited to,

 

21  legal, financial advisory, geological or reserve studies, and

 

22  accounting services.

 

23        (6) As used in this section:

 

24        (a) "Concession" means an agreement between the department

 

25  and a person under terms and conditions as specified by the

 

26  department to provide services or recreational opportunities for

 

27  public use.

 

 1        (b) "Lease" means a conveyance by the department to a person

 

 2  of a portion of the state's interest in land under specific terms

 

 3  and for valuable consideration, thereby granting to the lessee

 

 4  the possession of that portion conveyed during the period

 

 5  stipulated.

 

 6        Sec. 701. As used in this part: , "fund"

 

 7        (a) "Department" means the department of agriculture.

 

 8        (b) "Fund" means the forest and mineral resource development

 

 9  fund created in section 703.

 

10        Sec. 50102. (1) As used in this part:

 

11        (a) "Agency of this state" means a board, bureau,

 

12  commission, department, or other division of the executive branch

 

13  of government of this state.

 

14        (b) (2) "Board" means the board of directors of the forest

 

15  improvement district.

 

16        (c) (3) "Bond" means a bond, note, or any other instrument

 

17  issued to evidence indebtedness.

 

18        (d) (4) "Cost-share payment" means a payment made by a

 

19  forest improvement district pursuant to section 50145 to a member

 

20  who owns or occupies forest land.

 

21        (e) (5) "County with high unemployment" means a county with

 

22  an annual unemployment rate, as reported by the Michigan

 

23  employment security commission, higher than the mean annual

 

24  unemployment rate of this state.

 

25        (f) "Department" means the department of agriculture.

 

26        (g) (6) "District" or "forest improvement district" means a

 

27  governmental subdivision of the state established under section

 

 1  50123.

 

 2        Sec. 50110. (1) In addition to the definitions contained in

 

 3  subpart 1 that are not modified by this subpart, the definitions

 

 4  contained in this section also apply to the western Upper

 

 5  Peninsula forest restoration project.

 

 6        (2) "Departments" means the departments department of

 

 7  agriculture, commerce the department of energy, labor, and

 

 8  economic growth, and the department of natural resources.

 

 9        (3) "District" or "forest improvement district" means a

 

10  governmental subdivision of the state established under this

 

11  subpart containing at least 4 working forests.

 

12        (4) "Forest improvement project" or "project" means each of

 

13  the following:

 

14        (a) Production, processing, handling, storage, marketing, or

 

15  transportation of forest resources, including the operation of

 

16  processing and manufacturing plants, power stations, warehouses,

 

17  air and water pollution control equipment, and solid waste

 

18  disposal facilities.

 

19        (b) Forest practice or follow-up work.

 

20        (c) Study, planning, or other work intended to improve

 

21  forest lands or forest resources or to demonstrate means of

 

22  improving forest lands or forest resources.

 

23        (d) Consulting with the department of agriculture on soil

 

24  conditions for conservation and reforestation purposes.

 

25        (e) Maintaining a data bank accumulating timber resource and

 

26  forest practice facts on a uniform basis for all working forests.

 

27        (f) Maintaining uniform accounting in accordance with

 

 1  generally accepted accounting principles for profit enterprises

 

 2  as prescribed and established by a certified public accountant

 

 3  for all working forests.

 

 4        (g) Preparing and filing annual reports based on the data

 

 5  bank information and accounting results with the department and

 

 6  with the department of commerce energy, labor, and economic

 

 7  growth for analysis and evaluation.

 

 8        (5) "Timber" means living trees suited for the manufacture

 

 9  of marketable forest products and living trees that will be so

 

10  suited as a result of restructuring the forest. Timber does not

 

11  include:

 

12        (a) Christmas trees and associated greens.

 

13        (b) Material harvested and not marketed.

 

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

 

15  interest in or cutting license for living trees on forest land if

 

16  the interest or license is for a term of at least 15 years and if

 

17  the interest or license does not contain detailed cutting

 

18  specifications and restrictions such as for certain species only

 

19  with minimum diameters at breast height.

 

20        (7) "Waste wood" means wood from trees cut to improve forest

 

21  productivity in growth and quality, but does not include timber.

 

22        (8) "Working forest" means an area of 10,000 to 20,000 acres

 

23  within a radius of approximately 20 miles composed of various

 

24  large blocks or tracts of forest land.

 

25        Sec. 50112. (1) The western Upper Peninsula forest

 

26  improvement district shall be managed pursuant to this part by a

 

27  board of directors composed of 1 member elected by the members of

 

 1  each working forest in which more than 50% of the forest lands

 

 2  are owned by private landowners; the Baraga district forester for

 

 3  1 working forest on lands in which more than 50% of the forest

 

 4  lands are under the jurisdiction of the department; 1 member

 

 5  appointed by the county board of commissioners for each working

 

 6  forest in which more than 50% of the lands are owned by

 

 7  governmental units or agencies other than the state and the

 

 8  United States government and are primarily situated within the

 

 9  county; 1 member appointed by the United States government for

 

10  any working forest in which more than 50% of the forest lands are

 

11  owned by the United States government or an agency of the United

 

12  States government; 1 member appointed by the tribal council for

 

13  any working forest in which more than 50% of the lands are under

 

14  the jurisdiction of the Keweenaw bay tribal council and 1 member

 

15  chosen by the other members of the board. All landowner members

 

16  in a working forest in which more than 50% of the lands are

 

17  privately owned shall be candidates for the board unless a member

 

18  files a written declaration that the member desires not to serve.

 

19  Elected directors shall be elected by written ballots voted

 

20  privately, and the ballots shall be preserved for 1 year.

 

21        (2) The board of directors of the western Upper Peninsula

 

22  forest improvement district shall do all of the following:

 

23        (a) Elect officers of the district, designate their duties,

 

24  and delegate authority to them to perform those duties.

 

25        (b) Establish the forms and requirements for membership

 

26  agreements applicable to the forest lands each member has in a

 

27  working forest within the district.

 

 1        (c) Effect a contract with a Michigan profit corporation as

 

 2  its agent if a majority of the board of directors of the profit

 

 3  corporation are members of the board of directors of the

 

 4  district.

 

 5        (d) Furnish a budget to the department and the department of

 

 6  commerce energy, labor, and economic growth setting forth all

 

 7  projected costs and expenses expected to be incurred in the

 

 8  ensuing year and all estimated sources of income to be received.

 

 9        (e) Exercise all powers and authority granted by this part.

 

10        (3) The profit corporation having a contract as agent for

 

11  the district has the following powers, responsibilities, duties,

 

12  and authority:

 

13        (a) To employ a capable professional forester to supervise

 

14  each working forest, review the forest management plans of each

 

15  member within that working forest, and effect compliance with the

 

16  forest practices prescribed by the board of directors of the

 

17  district; and to employ a director of forestry when there are 6

 

18  or more working forests within the district.

 

19        (b) To employ a certified public accountant licensed to do

 

20  business in this state who has experience in accounting for

 

21  logging and sawmill operations to prescribe, supervise, and audit

 

22  a uniform system of accountings, billings, and payments for each

 

23  working forest and the district; and to establish and supervise

 

24  for each working forest and the district a data bank on forest

 

25  resources, practices, and production permitting analysis and

 

26  evaluation of each working forest and the entire district on an

 

27  annual basis.

 

 1        (c) To provide an independent certified audit by a certified

 

 2  public accountant of all accounting data, showing profits and

 

 3  losses and financial condition annually by each working forest

 

 4  and the district.

 

 5        (d) To furnish to the department of agriculture data on soil

 

 6  conditions and conservation and furnish to the department and the

 

 7  department of commerce energy, labor, and economic growth, at

 

 8  least annually, a detailed summary of the operations and results

 

 9  of the forest practices and the profit and loss and financial

 

10  condition of each working forest and to consolidate it for the

 

11  district.

 

12        (e) To act as an agent for the district in the exercise of

 

13  the powers granted under section 50135.

 

14        (f) To assist in establishing, finding, or developing

 

15  markets for all wood products harvested. A timber owner shall not

 

16  be restricted in any way from disposing of or marketing wood

 

17  products produced from that timber owner's land.

 

18        (g) To provide the district with a surety bond protecting

 

19  the district against misuse, theft, or embezzlement of funds.

 

20        (h) To take such other action as delegated to it from time

 

21  to time by the board of directors of the district.

 

22        (4) The western Upper Peninsula forest improvement district

 

23  may act in, through, or by a profit corporation and as a

 

24  political subdivision using the profit corporation to permit

 

25  better evaluation of the commercial feasibility of the entire

 

26  pilot project.

 

27        (5) Upon approval of the member's forest management plan,

 

 1  the member shall proceed to conduct those approved forest

 

 2  practices designated to enhance improved tree growth, improve

 

 3  quality of the trees allowed to remain in the residual stand,

 

 4  and, in general, manage the timberland for the purpose of

 

 5  developing maximum production of high quality commercial timber.

 

 6  The practices shall include, but not be limited to, all of the

 

 7  following:

 

 8        (a) Timber stand improvement thinnings of defective, poorly

 

 9  formed, diseased, or otherwise undesirable living trees in the

 

10  forest.

 

11        (b) Waste wood harvest of overmature, defective cull trees

 

12  and trees too small or otherwise unsuited for manufacture of

 

13  forest products but suited for production of chips for fuel or

 

14  other purposes.

 

15        (c) Planting open areas in existing forests where natural

 

16  tree reproduction has not been adequate or where there is benefit

 

17  in changing or converting the forest site from a less desirable

 

18  and less productive tree species to a more valuable and more

 

19  productive tree species as economically feasible.

 

20        (d) Planting trees in open fields destined not to be used

 

21  for future growth of agriculture crops as economically feasible.

 

22        (e) Salvage of broken, storm-damaged trees or other trees

 

23  which by reason of their present condition will deteriorate in

 

24  value in future years rather than improve in growth and quality.

 

25        (6) To the extent funds are available to the western Upper

 

26  Peninsula forest improvement district, the district may make an

 

27  incentive payment to or for the members of the district who

 

 1  submit forest management plans approved by the district and adopt

 

 2  and comply with forest practices prescribed in this subpart and

 

 3  as prescribed for the working forests in the district. One-fourth

 

 4  of each annual incentive payment shall be used by the district to

 

 5  discharge its administrative and operating costs, and 3/4 of the

 

 6  payment shall be returned to the member. The incentive payments

 

 7  paid to the members are subject to the following terms and

 

 8  conditions:

 

 9        (a) Production of at least 1 ton per acre per year of waste

 

10  wood in minimum aggregate units of 10 tons, or production of

 

11  pulpwood, bolts, or saw or veneer logs from or reforestation of

 

12  the forest lands of the landowner member in accordance with the

 

13  members' approved forest practice plan. However, if there is not

 

14  a market available for the pulpwood, bolts, or saw or veneer

 

15  logs, the requirement in this subdivision may be waived.

 

16        (b) If land is publicly owned and exempt from ad valorem

 

17  property taxes, the incentive payments shall be reduced by $1.50

 

18  per acre. A member's land may remain or be placed under part 511.

 

19  Such land shall continue to be taxed pursuant to part 511, and

 

20  the incentive payments for the land shall be reduced by $1.20 per

 

21  acre.

 

22        (c) If in any year a landowner member does not comply with

 

23  the requirements of this subsection, the annual incentive

 

24  payments for that year are to be repaid by the member to the

 

25  district, with interest, at the average annual rate being earned

 

26  on money deposited in the investment account of the general fund

 

27  of this state. If a member substantially fails to comply with the

 

 1  member's approved forest practice plan, all payments received by

 

 2  the member shall be repayable repaid to the district in full with

 

 3  interest within 30 days after the mailing of written notice of

 

 4  default to the member. In the alternative, the district or its

 

 5  agents, representatives, or assigns may enter upon the lands of

 

 6  the member and cut and remove waste wood, pulp, bolts, or timber

 

 7  in accordance with the prescribed forestry practices and apply

 

 8  the proceeds to the repayment of the annual incentive payments

 

 9  due from the member, together with interest. If a member

 

10  receiving annual incentive payments fails to effect compliance

 

11  comply with the member's management plan and the prescribed

 

12  forestry practices and does not repay the incentive payments

 

13  received, with interest, and the district does not cut or remove

 

14  timber or pulpwood from the member's land receiving net proceeds

 

15  sufficient to offset the repayment due, then the district may

 

16  place a lien on the member's land. To effect a lien on the

 

17  member's land, the supervisory forester of the working forest in

 

18  which the member landowner's lands are located shall certify to

 

19  the board the noncompliance by the member and the basis of the

 

20  noncompliance on a form prescribed by the board and shall serve a

 

21  copy of the form on the member. The member shall be entitled to a

 

22  hearing by the board after receipt of notice, to be held within

 

23  30 days after the giving of notice to the member of the

 

24  noncompliance. If the board determines that there has been

 

25  noncompliance by the landowner member, the board shall set forth

 

26  its determination in writing and record that determination in the

 

27  office of the register of deeds for the county in which the lands

 

 1  are located. The recorded determination of the default or

 

 2  noncompliance by the member constitutes a lien in favor of the

 

 3  district on the land of the defaulting or noncomplying member.

 

 4  Copies of the written determination shall be served upon the

 

 5  member and the appropriate local taxing authorities. A member

 

 6  determined to be in noncompliance shall is not be entitled to

 

 7  further incentive payments.

 

 8        (7) The board of the western Upper Peninsula forest

 

 9  improvement district also shall effect an investigation of and

 

10  determine the feasibility of acquiring an industrial site for

 

11  processing operations by the district and to erect and operate a

 

12  processing or manufacturing plant, and to acquire sites for power

 

13  plants generating electricity using waste wood as their primary

 

14  fuel, and to acquire, erect, and operate the same, issuing bonds

 

15  for these purposes pursuant only to the procedure, terms, and

 

16  conditions of subpart 7, as the board considers proper and

 

17  without other or further approval.

 

18        Sec. 50136. Each agency of this state that has jurisdiction

 

19  over, or is charged with the administration of, state owned land

 

20  within the boundaries of a district shall cooperate to the

 

21  fullest extent with the board of the district in implementing

 

22  this part. The departments of agriculture and commerce department

 

23  and the department of energy, labor, and economic growth and

 

24  other industrial and trade development agencies of this state

 

25  shall also cooperate to the fullest extent with the board of a

 

26  district in implementing this part.

 

27        Sec. 50301. The department of agriculture shall do all of

 

 1  the following:

 

 2        (a) Advise the legislature and the governor on forest

 

 3  management and development and other matters relevant to the

 

 4  development of the forest products industry in this state.

 

 5        (b) Develop a forestry development plan to improve the

 

 6  state's business climate for forestry, assure a stable timber

 

 7  supply, and coordinate public and private forestry activities.

 

 8        (c) Identify the needs of the forest products industry.

 

 9        (d) Promote and encourage the development of the forest

 

10  products industry in this state.

 

11        (e) Promote and encourage the expansion of existing forest

 

12  products companies in this state and attract new forest products

 

13  companies to locate in this state.

 

14        (f) Perform other functions the department considers

 

15  necessary for the development of the forest products industry in

 

16  this state.

 

17        (g) Promote and encourage the use of this state's forest

 

18  products by other states and for export.

 

19        Sec. 50302. The department of agriculture shall annually

 

20  report to the governor and the legislature on its activities to

 

21  promote the development of the forest products industry in this

 

22  state.

 

23        Sec. 50501. (1) The purpose of this part and of the

 

24  authority created by this part is to preserve existing jobs,

 

25  create new jobs, and alleviate and prevent unemployment through

 

26  the retention, promotion, and development of forestry and forest

 

27  industries and to protect the health and vigor of forest

 

 1  resources by doing all of the following:

 

 2        (a) Funding practices prescribed and approved by the

 

 3  department that intensify management of certain highly productive

 

 4  portions of this state's forest system.

 

 5        (b) Implementing a system of forest management that is

 

 6  investment-oriented, economically efficient, and environmentally

 

 7  sound.

 

 8        (c) Implementing a system of forest management that is

 

 9  consistent with principles of sustainable forestry and with part

 

10  525.

 

11        (d) Promoting a stable and continuing supply of timber for

 

12  future economic expansion.

 

13        (e) Providing dependable funding of scheduled forest

 

14  management operations.

 

15        (f) Promoting effective investment of revenues from timber

 

16  sales for high future returns.

 

17        (g) Facilitating timely performance of forest management

 

18  operations.

 

19        (h) Earning additional revenues for forest management from

 

20  timber sales.

 

21        (i) Improving existing timber stands and establishing new

 

22  stands of trees.

 

23        (j) Providing for reforestation, forest protection, and

 

24  timber stand improvement.

 

25        (k) Providing an additional funding source for the purposes

 

26  described in this section from indebtedness secured with revenues

 

27  generated from future sale of timber harvested from state tax

 

 1  reverted lands, from lands in the state forest system from which

 

 2  revenues derived from the sale of timber were previously

 

 3  deposited in the forest management fund created in former 1945 PA

 

 4  268, and from other lands as provided by law.

 

 5        (2) As used in this part:

 

 6        (a) "Department" means the department of agriculture.

 

 7        (b) "Director" means the director of the department.

 

 8        Sec. 50503. The Michigan forest finance authority is created

 

 9  as a body corporate within the department of natural resources

 

10  and shall be administered under the supervision of the department

 

11  but shall exercise its prescribed statutory power, duties, and

 

12  functions independently of the department. The budgeting,

 

13  procurement, and related functions of the authority shall be

 

14  performed under the direction and supervision of the department.

 

15  Funds of the authority shall be handled in the same manner and

 

16  subject to the same provisions of law applicable to state funds

 

17  or in a manner specified in a resolution of the authority

 

18  authorizing the issuance of bonds and notes.

 

19        Sec. 50701. (1) In a county in which more than 50% of the

 

20  land is owned by the state and in which the county annual average

 

21  unemployment rate exceeds the state annual average unemployment

 

22  rate, as determined by the Michigan employment security

 

23  commission, due to reductions in staff at a state facility

 

24  located in the county, the department is authorized to convey a

 

25  leasehold interest, without monetary consideration, to the county

 

26  in not more than 1% of the state owned property located in the

 

27  county and under the control of the department. The county

 

 1  forestry committee created pursuant to section 50703, in

 

 2  cooperation with the department, shall designate the specific

 

 3  sections of property to be leased. The property designated

 

 4  pursuant to this subsection shall not include forest lands

 

 5  located in state parks or lands useful for forest preserves, game

 

 6  areas, and recreational purposes, including wilderness areas,

 

 7  quiet areas, or other special use areas. The property designated

 

 8  pursuant to this subsection shall consist of forest lands

 

 9  previously designated by the department for timber production and

 

10  suitable for use in the forest management demonstration program

 

11  established pursuant to this part.

 

12        (2) The term of a leasehold interest authorized by this part

 

13  shall not exceed 15 years, but the leasehold interest shall be

 

14  renewable for an additional 15 years if the primary objectives of

 

15  the forest management demonstration program established pursuant

 

16  to this part are met, as determined by the department.

 

17        (3) During the term of the leasehold interest authorized by

 

18  this part, the leased property shall be open to the public for

 

19  hunting, fishing, and other recreational uses as considered

 

20  appropriate by the department.

 

21        (4) As used in this part, "department" means the department

 

22  of agriculture.

 

23        Sec. 51101. As used in this part:

 

24        (a) "Ad valorem general property tax" means taxes levied

 

25  under the general property tax act, 1893 PA 206, MCL 211.1 to

 

26  211.157 211.155.

 

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

 

 1  forestland that is determined to be a commercial forest under

 

 2  section 51103.

 

 3        (c) "Declassify" or "declassification" means the removal of

 

 4  the commercial forest designation pursuant to section 51116.

 

 5        (d) "Department" means the department of agriculture.

 

 6        (e) (d) "Forestland" means a tract of land that may include

 

 7  nonproductive land that is intermixed with productive land that

 

 8  is an integral part of a managed forest and that meets all the

 

 9  following:

 

10        (i) Does not have material natural resources other than those

 

11  resources suitable for forest growth or the potential for forest

 

12  growth.

 

13        (ii) Is not used for agricultural, mineral extraction except

 

14  as provided in section 51113, grazing, industrial, developed

 

15  recreational, residential, resort, commercial, or developmental

 

16  purposes.

 

17        (iii) The owner agrees to develop, maintain, and actively

 

18  manage the land as a commercial forest through planting, natural

 

19  reproduction, or other silvicultural practices.

 

20        (f) (e) "Forest management plan" means a written plan

 

21  prepared and signed by a registered forester or a natural

 

22  resources professional that prescribes measures to optimize

 

23  production, utilization, and regeneration of forest resources.

 

24  The forest management plan shall include schedules and timetables

 

25  for the various silvicultural practices used on commercial

 

26  forestlands, including, but not limited to, timber harvesting and

 

27  regeneration.

 

 1        (g) (f) "Fund" means the commercial forest fund created

 

 2  under section 51112.

 

 3        (h) (g) "Natural resources professional" means a person who

 

 4  is acknowledged by the department as having the education,

 

 5  knowledge, experience, and skills to identify, schedule, and

 

 6  implement appropriate forest management practices needed to

 

 7  achieve the purposes of this part on land subject to or to be

 

 8  subject to this part.

 

 9        (i) (h) "Owner" means a person who holds title to the

 

10  surface estate of forestland subject to this part. However, if

 

11  land is purchased on a land contract, the owner includes the

 

12  person who holds the land contract vendee's interest and does not

 

13  include the person who holds the land contract vendor's interest.

 

14        (j) (i) "Personal use" means use for any noncommercial

 

15  purpose.

 

16        (k) (j) "Registered forester" means a person registered

 

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

 

18  339.2101 to 339.2108.

 

19        (l) (k) "Silvicultural practices" means the management and

 

20  manipulation of forest vegetation for the protection, growth, and

 

21  enhancement of forest products.

 

22        Sec. 51201. (1) Notwithstanding section 51105, an owner of

 

23  commercial forestland that is subject to a sustainable forest

 

24  conservation easement is subject to an annual specific tax equal

 

25  to the annual specific tax levied under section 51105 less 15

 

26  cents per acre. The specific tax described in this section shall

 

27  be administered, collected, and distributed in the same manner as

 

 1  the specific tax levied in section 51105.

 

 2        (2) An application for sustainable forest conservation

 

 3  easement tax incentives described in this part shall be submitted

 

 4  on a form prescribed by the department. The application shall be

 

 5  postmarked or delivered to the department not later than April 1

 

 6  to be eligible for approval for the following tax year. In

 

 7  addition to any information that the department may reasonably

 

 8  require by rule, the applicant shall provide all of the following

 

 9  to the department:

 

10        (a) A nonrefundable application fee in the amount of $2.00

 

11  per acre or fraction of an acre, but not less than $200.00 and

 

12  not more than $1,000.00. The department shall remit the

 

13  application fee to the state treasurer for deposit into the

 

14  commercial forest fund under section 51112.

 

15        (b) A copy of the conservation easement covering the

 

16  forestland.

 

17        (3) The owner of commercial forestlands subject to a

 

18  sustainable forest conservation easement is entitled to cut or

 

19  remove forest products on his or her commercial forestlands if

 

20  the owner complies with part 511 and the requirements of the

 

21  sustainable forest conservation easement.

 

22        (4) If commercial forestland subject to a sustainable forest

 

23  conservation easement is used in violation of this part or the

 

24  sustainable forest conservation easement, the owner in addition

 

25  to any other penalties provided by law shall pay a penalty, per

 

26  acre, for each year in which the violation occurs equal to the

 

27  difference between the specific tax paid under this part and the

 

 1  specific tax that would otherwise be paid under part 511. The

 

 2  specific tax collected under this part shall be paid to the

 

 3  township treasurer of the township in which the commercial

 

 4  forestland is located. The penalty shall be distributed by the

 

 5  township treasurer in the same manner as the specific tax is

 

 6  distributed.

 

 7        (5) As used in this part:

 

 8        (a) "Commercial forestland" means commercial forestland that

 

 9  is enrolled under part 511.

 

10        (b) "Department" means the department of natural resources

 

11  agriculture.

 

12        (c) "Forestland" means that term as defined in part 511.

 

13        (d) "Sustainable forest conservation easement" means a

 

14  conservation easement described in section 2140 on commercial

 

15  forestland that is approved by the department and meets all of

 

16  the following:

 

17        (i) Is an easement granted in perpetuity to this state, a

 

18  political subdivision of this state, or a charitable organization

 

19  described in section 501(c)(3) of the internal revenue code, 26

 

20  USC 501 501(c)(3), that also meets the requirements of section

 

21  170(h)(3) of the internal revenue code, 26 USC 170 170(h)(3).

 

22        (ii) Covers commercial forestland of 40 or more acres in

 

23  size.

 

24        (iii) Provides that the forestland subject to the conservation

 

25  easement or the manager of the forestland subject to the

 

26  conservation easement is and continues to be certified under a

 

27  sustainable forestry certification program that uses independent

 

 1  third party auditors and that is recognized by the department.

 

 2        (iv) Provides that the forestland subject to the conservation

 

 3  easement provides for the nonmotorized recreational use of the

 

 4  forestland by members of the public.

 

 5        Sec. 51501. As used in this part:

 

 6        (a) "Certified prescribed burn manager" means an individual

 

 7  who has successfully completed the certification program of the

 

 8  department under section 51513 and possesses a valid

 

 9  certification number.

 

10        (b) "Department" means the department of natural resources

 

11  agriculture.

 

12        (c) "Domestic purposes" refers to burning that is any of the

 

13  following:

 

14        (i) A fire within the curtilage of a dwelling where the

 

15  material being burned has been properly placed in a debris burner

 

16  constructed of metal or masonry, with metal covering device with

 

17  openings no larger than 3/4 of an inch.

 

18        (ii) A campfire.

 

19        (iii) Any fire within a building.

 

20        (d) "Extinguished", in reference to prescribed burning,

 

21  means that there is no longer any spreading flame.

 

22        (e) "Forest land", subject to subdivision (f), means any of

 

23  the following:

 

24        (i) Timber land, potential timber-producing land, or cutover

 

25  or burned timber land.

 

26        (ii) Wetland.

 

27        (iii) Prairie or other land dominated by grasses or forbes.

 

 1        (f) "Forest land" does not include land devoted to

 

 2  agriculture.

 

 3        (g) "Flammable material" means any substance that will burn,

 

 4  including, but not limited to, refuse, debris, waste forest

 

 5  material, brush, stumps, logs, rubbish, fallen timber, grass,

 

 6  stubble, leaves, fallow land, slash, crops, or crop residue.

 

 7        (h) "Prescribed burn" or "prescribed burning" means the

 

 8  burning, in compliance with a prescription and to meet planned

 

 9  fire or land management objectives, of a continuous cover of

 

10  fuels.

 

11        (i) "Prescription" means a written plan establishing the

 

12  criteria necessary for starting, controlling, and extinguishing a

 

13  burn.

 

14        (j) "Wetland" means land characterized by the presence of

 

15  water at a frequency and duration sufficient to support, and that

 

16  under normal circumstances does support, wetland vegetation or

 

17  aquatic life, and is commonly referred to as a bog, swamp, or

 

18  marsh.

 

19        Sec. 51701. The state or a department, bureau, board,

 

20  commission, or other agency of the state or a political

 

21  subdivision of the state shall not enact, adopt, promulgate,

 

22  enforce, or practice any law, rule, policy, or concept that

 

23  creates or tends to create a condition that promotes, fosters, or

 

24  leads or may tend to promote, foster, or lead to the beginning or

 

25  spreading of a forest fire that could jeopardize the public trust

 

26  in the forests of the state or any private land contiguous to the

 

27  forests of the state, except as may be required for the

 

 1  protection of the public health, safety, and welfare, or as

 

 2  prescribed for forest management programs under the authority of

 

 3  the department of agriculture or wildlife management programs

 

 4  under the authority of the department of natural resources.

 

 5        Sec. 51901. (1) Any person who cuts any forest growth within

 

 6  any public road or highway, or on land bordering on any public

 

 7  road or highway in this state, shall dispose of all cutting,

 

 8  slash, and debris resulting from the cutting, and dead stubs and

 

 9  windfalls from the area cut over so that inflammable material

 

10  does not constitute a fire hazard within the limits of the road

 

11  or highway or within 50 feet of the edge of the cleared portion

 

12  of the limits of the road or highway. The method of disposal, the

 

13  disposal specifications, and the elimination of fire hazards

 

14  shall be approved by the department.

 

15        (2) As used in this part, "department" means the department

 

16  of agriculture.

 

17        Sec. 52501. As used in this part:

 

18        (a) "Breast height" means 4.5 feet from highest ground at

 

19  the base of the tree.

 

20        (b) "Certification" means a process where an independent

 

21  third party organization assesses and evaluates forest management

 

22  practices according to the standards of a certification program

 

23  resulting in an issuance of a certificate of compliance or

 

24  conformity.

 

25        (c) "Certification program" means a program that develops

 

26  specific standards that measure whether forest management

 

27  practices are consistent with principles of sustainable forestry.

 

 1        (d) "Conservation" means the wise use of natural resources.

 

 2        (e) "Department" means the department of agriculture.

 

 3        (f) (e) "Diameter class specifications" means a

 

 4  classification of trees based on the diameter at breast height.

 

 5        (g) "Director" means the director of the department.

 

 6        (h) (f) "Plan" means the forestry development, conservation,

 

 7  and recreation management plan for state forests as provided for

 

 8  in section 52503.

 

 9        (i) (g) "Reforestation" means adequate stocking of

 

10  forestland is assured by natural seeding, sprouting, suckering,

 

11  or by planting seeds or seedlings.

 

12        (j) (h) "Residual basal area" means the sum of the cross-

 

13  sectional area of trees 4 inches or greater in diameter measured

 

14  at breast height left standing within a stand after a harvest.

 

15        (k) (i) "State forest" means state land owned or controlled

 

16  by the department that is designated as state forest by the

 

17  director.

 

18        (l) (j) "Sustainable forestry" means forestry practices that

 

19  are designed to meet present and future needs by employing a land

 

20  stewardship ethic that integrates the reforestation, managing,

 

21  growing, nurturing, and harvesting of trees for useful products

 

22  with the conservation of soil, air and water quality, wildlife

 

23  and fish habitat, and visual qualities.

 

24        Sec. 52503. (1) The department shall adopt a forestry

 

25  development, conservation, and recreation management plan for

 

26  state owned lands. owned or controlled by the department. Parks

 

27  and recreation areas, state game areas, and other wildlife areas

 

 1  on these lands shall be managed according to their primary

 

 2  purpose. The department may update the plan as the department

 

 3  considers necessary or appropriate. The plan and any plan updates

 

 4  shall be consistent with section 52502 and shall be designed to

 

 5  assure ensure a stable, long-term, sustainable timber supply from

 

 6  the state forest as a whole.

 

 7        (2) The plan and any plan updates shall include all of the

 

 8  following:

 

 9        (a) An identification of the interests of local communities,

 

10  outdoor recreation interests, the tourism industry, and the

 

11  forest products industry.

 

12        (b) An identification of the annual capability of the state

 

13  forest and management goals based on that level of productivity.

 

14        (c) Methods to promote and encourage the use of the state

 

15  forest for outdoor recreation, tourism, and the forest products

 

16  industry.

 

17        (d) A landscape management plan for the state forest

 

18  incorporating biodiversity conservation goals, indicators, and

 

19  measures.

 

20        (e) Standards for sustainable forestry consistent with

 

21  section 52502.

 

22        (f) An identification of environmentally sensitive areas.

 

23        (g) An identification of the need for forest treatments to

 

24  maintain and sustain healthy, vigorous forest vegetation and

 

25  quality habitat for wildlife and environmentally sensitive

 

26  species.

 

27        Sec. 52504. (1) The department shall harvest timber from the

 

 1  state forest and other state owned lands owned or controlled by

 

 2  the department in compliance with the plan and any plan updates.

 

 3        (2) Unless otherwise dedicated by law, proceeds from the

 

 4  sale of timber from the state forest and other state owned lands

 

 5  owned or controlled by the department shall be forwarded to the

 

 6  state treasurer for deposit into the forest development fund

 

 7  established pursuant to section 50507.

 

 8        (3) Not later than December 31 of each year, the department

 

 9  shall submit a report, to the standing committees of the senate

 

10  and house of representatives with jurisdiction over forestry

 

11  issues, that includes all of the following:

 

12        (a) The total number of acres in the state forest that have

 

13  been identified by the department as having site conditions that

 

14  restrain timber sales.

 

15        (b) The site conditions applicable to acreage identified

 

16  under subdivision (a).

 

17        (c) The total number of acres identified under subdivision

 

18  (a) in the previous year's report that are not identified under

 

19  subdivision (a) in the current report and have been made

 

20  available for timber sale.

 

21        (d) The locations where the acres identified under

 

22  subdivision (a) and acres as identified under subdivision (c) are

 

23  located.

 

24        (e) A statement of what the department intends to do to

 

25  remove the particular site conditions identified under

 

26  subdivision (b).

 

27        Sec. 52505. (1) The department shall seek and maintain

 

 1  third-party certification that the management of the state forest

 

 2  and other state owned lands owned or controlled by the department

 

 3  satisfies the sustainable forestry standards of at least 1

 

 4  credible nonprofit, nongovernmental certification program and

 

 5  this part.

 

 6        (2) Beginning January 1, 2006, the The department shall

 

 7  ensure that the state forest is certified as provided for in

 

 8  subsection (1).

 

 9        (3) Beginning the effective date of the amendatory act that

 

10  added this section, the department shall commence a review and

 

11  study to determine the appropriateness of certifying parks and

 

12  recreation areas, state game areas, and other wildlife areas on

 

13  state owned lands owned or controlled by the department. Not

 

14  later than 1 year after the effective date of the amendatory act

 

15  that added this section, the department shall report and

 

16  recommend to the legislature the appropriateness and feasibility

 

17  of certifying those lands.

 

18        Sec. 52506. By January 1 of each year, the department shall

 

19  prepare and submit to the commission of natural resources, the

 

20  standing committees of the senate and the house of

 

21  representatives with primary jurisdiction over forestry issues ,

 

22  and the senate and house appropriations committees a report that

 

23  details the following from the previous state fiscal year:

 

24        (a) The number of harvestable acres in the state forest as

 

25  determined by the certification program under section 52506.

 

26        (b) The number of acres of the state forest that were

 

27  harvested and the number of cords of wood that were harvested

 

 1  from the state forest.

 

 2        (c) The number of acres of state owned lands owned or

 

 3  controlled by the department other than state forestlands that

 

 4  were harvested and the number of cords of wood that were

 

 5  harvested from those lands.

 

 6        (d) Efforts by the department to promote recreational

 

 7  opportunities in the state forest.

 

 8        (e) Information on the public's utilization of the

 

 9  recreational opportunities offered by the state forest.

 

10        (f) Efforts by the department to promote wildlife habitat in

 

11  the state forest.

 

12        (g) The status of the plan and whether the department

 

13  recommends any changes in the plan.

 

14        (h) Status of certification efforts required in section

 

15  52505 and , beginning in 2006, a definitive statement of whether

 

16  the department is maintaining certification of the entire state

 

17  forest.

 

18        (i) A description of any activities that have been

 

19  undertaken on forest pilot project areas described in section

 

20  52511.

 

21        Sec. 52701. As used in this part:

 

22        (a) "Department" means the department of agriculture.

 

23        (b) (a) "Forestry commission" means a forestry commission

 

24  appointed by a municipality pursuant to this part.

 

25        (c) (b) "Legislative body" means any board of supervisors,

 

26  township board, city or village legislative body, or school

 

27  district board.

 

 1        (d) (c) "Municipality" means a county, township, city,

 

 2  village, or school district.

 

 3        Sec. 52901. (1) A person shall not cut, remove, or

 

 4  transport, without having in possession a bill of sale from the

 

 5  owner or other evidence of title on a form prescribed by and

 

 6  available from the department or the department of agriculture or

 

 7  the federal agency that has jurisdiction, any of the following:

 

 

8	(a) Christmas trees.
9	(b) Evergreen boughs.
10	(c) Any other trees, shrubs, or vines.
11	(d) Trailing arbutus............ Epigaea.
12	(e) Bird's foot violet.......... Viola pedata.
13	(f) Climbing bittersweet........ Celastrus scandens.
14	(g) Club mosses................. Lycopodiaceae.
15	(h) Flowering dogwood........... Cornus florida.
16	(i) All Michigan holly.......... Ilex sp. and  nemopanthus sp.
17	(j) North American lotus........ Nelumbo sp.
18	(k) Pipsissewa.................. Chimaphila  umbellata.
19	(l) All native orchids........... Orchidaceae.
20	(m) Trilliums................... Trillium sp.
21	(n) Gentians.................... Eustoma sp.
22	(o) Parts of any plant listed in this subsection.

 

 

23        (2) As used in this part, "plant" means a tree, bough,

 

24  shrub, vine, or other native plant, or a part of a tree, bough,

 

25  shrub, vine, or other native plant, listed in subsection (1).

 

26        (3) A person shall produce a bill of sale for a plant listed

 

27  in subsection (1) or other evidence of title upon demand of a law

 

 1  enforcement officer.

 

 2        Sec. 52902. A person shall not transport within this state

 

 3  any plant in either of the following circumstances:

 

 4        (a) If the plant has been removed from property owned by the

 

 5  person, unless he or she has in possession a current tax receipt

 

 6  or deed with respect to the property or a copy of the receipt or

 

 7  deed.

 

 8        (b) If the plant has been removed from property not owned by

 

 9  the person, unless either of the following has been met:

 

10        (i) Each plant bears a tag placed on the plant by and

 

11  identifying the person and his or her address and stating from

 

12  whom the plant was acquired.

 

13        (ii) The person has in his or her possession a bill of sale

 

14  or other evidence of title acquisition in a form prescribed by

 

15  and available from the department or the department of

 

16  agriculture or the federal agency that has jurisdiction. The

 

17  person shall display the bill of sale or other evidence of title

 

18  upon demand of a law enforcement officer.

 

19        Sec. 52903. A person shall not sell or offer for sale any

 

20  plant without having in his or her possession the evidence of

 

21  title prescribed by section 52902 or without furnishing the

 

22  purchaser with a bill of sale or other evidence of title

 

23  acquisition in a form prescribed by the department or the

 

24  department of agriculture or the federal agency that has

 

25  jurisdiction. Vendors shall maintain and keep records of their

 

26  transactions for the period of time that the department or the

 

27  department of agriculture or the federal agency that has

 

 1  jurisdiction prescribes by rule or regulation.

 

 2        Sec. 52905. A law enforcement officer having probable cause

 

 3  to believe that this part is being violated, including authorized

 

 4  employees of the department of agriculture, or the department,

 

 5  may make inspections to determine whether this part has been

 

 6  violated, including the right to stop any vehicle that is

 

 7  transporting a plant at any time, to inspect and make copies of

 

 8  bills of sale or other evidence of title prescribed by the

 

 9  department or the department of agriculture or the federal agency

 

10  that has jurisdiction, to arrest persons found to have any plants

 

11  in possession in violation of this part and to impound any plants

 

12  or equipment used to remove or transport the plants. Pursuant to

 

13  court order, any plants or equipment impounded pursuant to this

 

14  section shall be permanently seized and disposed of as required

 

15  under sections 1603 and 1604. Failure to exhibit a bill of sale

 

16  or other evidence of title prescribed by the department or the

 

17  department of agriculture or the federal agency that has

 

18  jurisdiction is prima facie evidence that a bill of sale or other

 

19  evidence of title does not exist.

 

20        Sec. 52907. The director of the department of agriculture,

 

21  and the department, in cooperation with law enforcement agencies,

 

22  shall enforce this part. The director of the department of

 

23  agriculture, after consultation with the department, shall

 

24  promulgate rules as he or she considers necessary for the

 

25  enforcement of this part.

 

26        Sec. 52908. (1) A person who violates this part is guilty of

 

27  a crime as follows:

 

 1        (a) If the damages are less than $200.00, the person is

 

 2  guilty of a misdemeanor punishable by imprisonment for not more

 

 3  than 93 days or a fine of not more than $500.00, or 3 times the

 

 4  aggregate value of the property involved, whichever is greater,

 

 5  or both imprisonment and a fine.

 

 6        (b) If any of the following apply, the person is guilty of a

 

 7  misdemeanor punishable by imprisonment for not more than 1 year

 

 8  or a fine of not more than $2,000.00 or 3 times the value of the

 

 9  property involved, whichever is greater, or both imprisonment and

 

10  a fine:

 

11        (i) The value of the property involved is $200.00 or more but

 

12  less than $1,000.00.

 

13        (ii) The person violates subdivision (a) and has 1 or more

 

14  prior convictions for committing or attempting to commit an

 

15  offense under this part.

 

16        (c) If any of the following apply, the person is guilty of a

 

17  felony punishable by imprisonment for not more than 5 years or a

 

18  fine of not more than $10,000.00 or 3 times the value of the

 

19  property involved, whichever is greater, or both imprisonment and

 

20  a fine:

 

21        (i) The value of the property involved is $1,000.00 or more

 

22  but less than $20,000.00.

 

23        (ii) The person violates subdivision (b)(i) and has 1 or more

 

24  prior convictions for violating or attempting to violate this

 

25  part. For purposes of this subparagraph, however, a prior

 

26  conviction does not include a conviction for a violation or

 

27  attempted violation of subdivision (a) or (b)(ii).

 

 1        (d) If any of the following apply, the person is guilty of a

 

 2  felony punishable by imprisonment for not more than 10 years or a

 

 3  fine of not more than $15,000.00 or 3 times the value of the

 

 4  property involved, whichever is greater, or both imprisonment and

 

 5  a fine:

 

 6        (i) The property involved has a value of $20,000.00 or more.

 

 7        (ii) The person violates subdivision (c)(i) and has 2 or more

 

 8  prior convictions for committing or attempting to commit an

 

 9  offense under this part. For purposes of this subparagraph,

 

10  however, a prior conviction does not include a conviction for a

 

11  violation or attempted violation of subdivision (a) or (b)(ii).

 

12        (2) The values of property damaged in separate incidents

 

13  pursuant to a scheme or course of conduct within any 12-month

 

14  period may be aggregated to determine the total value of property

 

15  damaged.

 

16        (3) If the prosecuting attorney intends to seek an enhanced

 

17  sentence based upon the defendant having 1 or more prior

 

18  convictions, the prosecuting attorney shall include on the

 

19  complaint and information a statement listing the prior

 

20  conviction or convictions. The existence of the defendant's prior

 

21  conviction or convictions shall be determined by the court,

 

22  without a jury, at sentencing or at a separate hearing for that

 

23  purpose before sentencing. The existence of a prior conviction

 

24  may be established by any evidence relevant for that purpose,

 

25  including, but not limited to, 1 or more of the following:

 

26        (a) A copy of the judgment of conviction.

 

27        (b) A transcript of a prior trial, plea-taking, or

 

 1  sentencing.

 

 2        (c) Information contained in a presentence report.

 

 3        (d) The defendant's statement.

 

 4        (4) If the sentence for a conviction under this section is

 

 5  enhanced by 1 or more prior convictions, those prior convictions

 

 6  shall not be used to further enhance the sentence for the

 

 7  conviction pursuant to section 10, 11, or 12 of chapter IX of the

 

 8  code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and

 

 9  769.12.

 

10        (5) A person who forges a bill of sale or other evidence of

 

11  title prescribed by the department or the department of

 

12  agriculture or the federal agency that has jurisdiction is guilty

 

13  of a misdemeanor, punishable by imprisonment for not more than 90

 

14  days, or a fine of not more than $100.00, or both.

 

15        (6) In addition to the penalties provided for in this

 

16  section, a person who violates this part by illegally removing or

 

17  cutting a plant is liable in a civil action filed by the state or

 

18  the property owner for up to 3 times the fair market value of the

 

19  damage caused by the unlawful act or $100.00, whichever is

 

20  greater, and for court costs and attorney fees. Damages collected

 

21  under this subsection shall be paid to the owner of the lands

 

22  from which the plants were illegally removed or, if removed from

 

23  state owned lands, to the state treasurer, who shall credit the

 

24  deposit to the fund that was used to purchase the land on which

 

25  the violation occurred.

 

26        (7) A person who violates this part by not having in his or

 

27  her possession a current tax receipt or deed with respect to

 

 1  property, or a copy of the receipt or deed, indicating that the

 

 2  person owned the land from which the plants were taken shall not

 

 3  be prosecuted under this part for that violation if he or she

 

 4  subsequently produces a current tax receipt or deed showing that

 

 5  person's ownership of the property from which the plants were

 

 6  taken.