September 12, 2006, Introduced by Rep. Emmons and referred to the Committee on Agriculture.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending section 6 (MCL 290.646), as amended by 2004 PA 278, and
by adding section 6a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Before a common carrier, distributor, or retail
dealer engages in transferring, selling, dispensing, or offering
for sale gasoline in this state, the common carrier, distributor,
or retail dealer shall obtain a license from the department for
each retail outlet operated by that person. In administering the
licensing under this section, the department may attempt to
coordinate the licensing with the licensing applicable to gasoline
administered by the department of treasury pursuant to the motor
fuel tax act, 2000 PA 403, MCL 207.1001 to 207.1170, and the
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.
(2) A license expires annually on November 30 unless renewed
before December 1 of each year or unless suspended, denied, or
revoked by the department.
(3) The fee for a license is $15.00 for each year or portion
of a year through July 31, 2002, $50.00 for each year or portion of
a year through July 31, 2003, $75.00 for each year or portion of a
year through July 31, 2004, and $100.00 beginning August 1, 2004
and each year or portion of a year thereafter. A license shall not
be issued or renewed until the fee and any administrative fines
issued under section 10a have been paid. A hearing is not required
before the refusal to issue or renew a license under this
subsection. Fees collected shall be deposited in the gasoline
inspection and testing fund.
(4) An application for a license shall be made to the
department upon a form furnished by the department. The completed
form shall contain the information requested by the department and
shall be accompanied by the fee specified in subsection (3).
(5) The director may suspend, deny, or revoke a license issued
pursuant to this act for failure to comply with the requirements
provided for in section 3, for failure to provide notice as
provided in section 4, for violating section 31 of the weights and
measures act of 1964, 1964 PA 283, MCL 290.631, if that violation
occurs at any of the licensee's retail outlets and involves the
transferring, selling, dispensing, or the offering for sale of
gasoline in this state, or for otherwise failing to comply with
this act or a rule promulgated under this act or an order issued
under this act.
(6) This section does not apply until June 29, 1985.
(7) If a person licensed under this act is convicted of a
willful violation under section 31 of the weights and measures act
of 1964, 1964 PA 283, MCL 290.631, any license issued pursuant to
this act shall be revoked for 2 years.
(8) A suspension, revocation, or denial of a license of a
person who is an individual shall result in the suspension,
revocation, or denial of any other license held or applied for by
that individual under this act. The license of a corporation,
partnership, or other association shall be suspended when a license
or license application of a partner, trustee, director, or officer,
member, or a person exercising control of the corporation,
partnership, or other association is suspended, revoked, or denied.
The suspension shall remain in force until the director determines
that the disability created by the suspension, revocation, or
denial has been removed.
(9)
Except as otherwise provided in subsection (3), beginning
on
the effective date of the amendatory act that added this
subsection
July 23, 2004, the department shall issue an initial or
renewal license not later than 120 days after the applicant files a
completed application. If the application is considered incomplete
by the department, the department shall notify the applicant in
writing or make notification electronically available within 40
days after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The 120-day
period is tolled upon notification by the department of a
deficiency until the date all of the information requested during
the 40-day period is received by the department. Requests for new
or additional information by the department that fall outside the
40-day period do not toll the 120-day period. 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.
(10) If the department does not issue or deny a license within
120 days after the receipt of a completed application, the
department 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 subsection does not allow the department to otherwise
delay the processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of an
application based on the fact that the application fee was refunded
or discounted under this subsection.
(11) Beginning October 1, 2005, the director of the department
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 motor fuel quality 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 120-day time period
described in subsection (9).
(b) The number of applications denied.
(c) The number of applications not issued within the 120-day
period and the amount of money returned to licensees and
registrants under subsection (10).
(12) Before a blender engages in the transferring, selling,
dispensing, or offering for sale blended gasoline in this state,
the blender shall register the finished product with the department
and provide to the department test results as the department
considers necessary. If the product does not comply with the
requirements of section 3, the blender shall provide the department
with a written list of the business names and addresses to whom the
blended product is sold.
(13) A person who violates this section or rules promulgated
under this section is liable for a civil fine not to exceed
$10,000.00 for each day of the continuation of the violation. A
civil fine assessed under this section shall be paid to the state
treasurer for deposit in the gasoline inspection and testing fund
created by section 8.
(14) (13)
As used in this section, "completed application"
means an application complete on its face and submitted with any
applicable licensing 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 the
state of Michigan.
Sec. 6a. Beginning no later than 60 days after the effective
date of the amendatory act that added this section, the department
shall post a list on its website of all distributors and retail
dealers licensed under section 6. The department shall update the
list on a bimonthly basis and shall post the date of the last
update on its website.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6454(request no.
06619'06) of the 93rd Legislature is enacted into law.