LICENSURE TIMELINESS REPORTS:  ELIMINATE

House Bill 5993 reported from committee without amendment

Sponsor:  Rep. Steve Marino

House Bill 5996 reported from committee without amendment

Sponsor:  Rep. Julie Alexander

House Bill 6003 reported from committee without amendment

Sponsor:  Sue Allor

Committee:  Oversight

Complete to 5-21-18                                     (Enacted as Public Acts 299, 301, and 308 of 2018)

SUMMARY:

The bills would eliminate requirements that the Michigan Department of Agriculture and Rural Development (MDARD) submit annual “timeliness” reports pertaining to the processing of certain license applications within a 90-day time period. The actual requirements that the department process license applications under the affected acts within 90 days of receiving the application would not be eliminated.

During the 2003-2004 legislative session, a number of bills were enacted to establish time requirements for the processing of certain regulatory licenses issued by MDARD. If licenses were not issued within the time period, the license fee had to be returned to the applicant and the subsequent renewal fee discounted. The bills also required an annual report on the department’s effectiveness in meeting the processing requirements. The reports were required to include the number of applications received and completed within a 90-day period, denied, or not issued within the 90-day period, and also the amount of money returned to those applicants. The department complies with these statutory reporting requirements through an annual “License Timeliness Report.”[1]

House Bill 5993 would amend the Insect Pest and Plant Disease Act to delete a provision that requires MDARD to submit an annual report to the Legislature regarding the number of initial and renewal applications submitted for licensure to sell nursery stock, or as a plant grower, plant dealer, or nursery dealer.

MCL 286.209

House Bill 5996 would amend the Grade A Milk Law of 2001 to delete a provision requiring MDARD to submit an annual report to the Legislature regarding the number of initial and renewal applications submitted for licensure or permitting for regulated activities.

MCL 288.503a

House Bill 6003 would amend the Motor Fuels Quality Act to delete the requirement that MDARD submit an annual report to the Legislature regarding the number of initial and renewal applications submitted for licensure for a distributor or retail dealer of gasoline, diesel fuel, biodiesel, or hydrogen fuel. The bill would also eliminate a similar required report pertaining to a dispensing permit for certain dispensing facilities.

MCL 290.646 and 290.649i

FISCAL IMPACT:

The cost to the department of producing the current license timeliness report is nominal. Eliminating the reporting requirement would have a minimal fiscal impact.

POSITIONS:

Representatives of the Office of Regulatory Reinvention testified in support of the bills.  (5-17-18)

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   William E. Hamilton

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.



[1] The FY 2016-17 report is found on the MDARD website:  Legislative Report: FY 2017 License Timeliness Report
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