May 16, 2018, Introduced by Senator STAMAS and referred to the Committee on Oversight.
A bill to amend 2001 PA 267, entitled
"Manufacturing milk law of 2001,"
by amending section 110a (MCL 288.670a), as amended by 2008 PA 147.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 110a. (1) The department shall issue an initial or
renewal license or permit for regulated activities described in
section 110 other than a manufacturing grade dairy farm or a bulk
milk hauler/sampler, not later than 90 days after the applicant
files a completed application. Receipt of the application is
considered
the date the application is received by any an agency
or
department
of the this state. of Michigan. If the application is
considered incomplete by the department, the department 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 department of a deficiency until the date the
requested information is received by the department. The
determination
of the completeness of an application does is not
operate
as an approval of the application
for the license or permit
and does not confer eligibility of an applicant determined
otherwise ineligible for issuance of a license or permit.
(2) If the department fails to issue or deny a license or
permit within the time required by this section, the department
shall return the license or permit fee and shall reduce the license
or permit fee for the applicant's next renewal application, if any,
by 15%. The failure to issue a license or permit 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. The
department 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 this subsection.
(3)
Beginning October 1, 2005, 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 and food 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 (1).
(b)
The number of applications denied.
(c)
The number of applicants not issued a license or permit
within
the 90-day time period and the amount of money returned to
licensees
and permittees under subsection (2).
(3) (4)
As used in this section,
"completed application" means
an application complete on its face and submitted with any
applicable licensing or permit fees and fines 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
this state. of Michigan. Under appropriate
circumstances,
completed application includes the completion of construction or
renovation of any facility and the passing of a satisfactory
inspection.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.