HB-5993, As Passed House, May 23, 2018
May 15, 2018, Introduced by Rep. Marino and referred to the Committee on Oversight.
A bill to amend 1931 PA 189, entitled
"The insect pest and plant disease act,"
by amending section 9 (MCL 286.209), as amended by 2012 PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) A person growing or desiring to sell nursery stock
in this state shall, on or before October 31 of each year, apply to
the director for a license. A person that is a nursery dealer that
only purchases nursery stock grown in this state by a nursery
grower in this state that holds a valid nursery license and
certificate of inspection is not required to apply for a license,
but instead shall, on or before October 31 of each year, register
with the director as a nursery dealer. The fee to register as a
nursery dealer is $35.00. The annual nursery license fee is
$100.00. The annual license fee for plant growers or plant dealers
is $100.00. The annual license fee for nursery dealers is $100.00.
For persons growing less than 1/4 acre of nursery stock or
utilizing less than 200 square feet of greenhouse space, the fee
for a license is $40.00. License fees provided for in this act are
due and payable at the office of the director on or before October
31 of each year. The fees imposed in this subsection are subject to
subsection (8).
(2) The agriculture licensing and inspection fees fund is
created within the state treasury. The state treasurer may receive
license and inspection fees and administrative and civil fines
received pursuant to this act and other acts, as provided for by
law, that are administered by the department for deposit into the
agriculture licensing and inspection fees fund. The state treasurer
may also receive money or other assets from any other source for
deposit into the agriculture licensing and inspection fees fund.
The state treasurer shall direct the investment of the agriculture
licensing and inspection fees fund and shall credit to the
agriculture licensing and inspection fees fund interest earnings
from fund investments. Money in the agriculture licensing and
inspection
fees fund at the close of the fiscal year shall must
remain
in the fund and shall not lapse to the general fund. The
department shall expend money from the agriculture licensing and
inspection fees fund, upon appropriation, for the purpose of
administering and carrying out those duties required by law under
this act and other acts, as provided by law, that are administered
by the department. The department shall be the administrator of the
agriculture licensing and inspection fees fund for auditing
purposes.
(3) Subject to subsection (4), license fees, inspection fees,
and other noncriminal fees collected under this section and section
6
and administrative fines imposed under this act shall must be
deposited into the agriculture licensing and inspection fees fund,
to be used, upon appropriation, by the director in administering
and carrying out those duties required by law under this act and to
develop and improve training and outreach programs for the purpose
of safeguarding plants or plant products from unwanted plant pests.
(4) The horticulture fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the horticulture fund. Up to
$70,000.00 of the funds generated through licensing may be
deposited into the horticulture fund each year. The state treasurer
shall direct the investments of the horticulture fund. The state
treasurer shall credit interest and earnings from horticulture fund
investments to the horticulture fund. Assets in the horticulture
fund
at the close of the fiscal year shall must remain in the
horticulture
fund and shall not lapse to the general fund. The
director shall administer the horticulture fund and shall expend
money from the horticulture fund, upon appropriation, to provide
for research projects, to develop and improve training programs,
and to develop outreach materials for the purposes of safeguarding
plants or plant products from unwanted plant pests. The director
shall administer the horticulture fund with advice and consultation
from the horticultural advisory committee created in subsection
(5).
(5) There is created a horticulture advisory committee.
Members
of this committee, to be named by the director, shall must
include representatives from the horticulture industry.
(6) This section does not apply to persons engaged in fruit
growing that are not nursery growers but desire to sell or exchange
surplus small fruit plants of their own growing, or to farmers or
other persons that may sell or give away wild shade trees, wild
shrubs, wild vines, wild hardy perennials, or wild evergreens from
their own premises.
(7) The director shall issue an initial or renewal license
under this section not later than 90 days after a completed
application for the license is received by the department. If the
application is considered incomplete by the director, the director
shall notify the applicant in writing, or make the information
electronically available, within 30 days after receipt of the
incomplete application, describing the deficiency and requesting
the additional information. The 90-day period is tolled upon
notification by the director of a deficiency until the date the
requested information is received by the director. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license. The director shall not
discriminate against an applicant in the processing of the
application based upon the fact that the license fee was refunded
or discounted under subsection (8).
(8) If the director fails to issue or deny a license within
the time required by this section, the director shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. The failure to issue a
license within the time required under this section does not allow
the department to otherwise delay the processing of the
application,
and that application, upon completion, shall must be
placed in sequence with other completed applications received at
that same time.
(9)
The director shall submit a report by December 1 of each
year
to the standing committees and appropriations subcommittees of
the
senate and house of representatives concerned with agricultural
issues.
The director shall include all of the following information
in
the report concerning the preceding fiscal year:
(a)
The number of initial and renewal applications the
department
received and completed within the 90-day time period
described
in subsection (7).
(b)
The number of applications denied.
(c)
The number of applicants not issued a license within the
90-day
time period and the amount of money returned to licensees
and
registrants under subsection (8).
(9) (10)
As used in this section,
"completed application"
means an application complete on its face and submitted with any
applicable licensing and inspection fees as well as any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of
this state.