HB-5884, As Passed Senate, July 6, 2004                                     

    SUBSTITUTE FOR

    HOUSE BILL NO. 5884

(As amended July 1, 2004)                                                   

                                                                             A bill to amend 2001 PA 267, entitled                                             

"Manufacturing milk law of 2001,"                                           

(MCL 288.561 to 288.740) by adding section 110a.                            

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 110a.  (1) Beginning the effective date of the                         

2   amendatory act that added this subsection and notwithstanding the           

3   license and permit fees imposed under section 110, the department           

4   shall issue an initial or renewal license or permit for regulated           

5   activities described in section 110 <<other than a manufacturing grade dairy farm,>> not later than 90 days after                                            

6   the applicant files a completed application.  Receipt of the                

7   application is considered the date the application is received by           

8   any agency or department of the state of Michigan.  If the                  

9   application is considered incomplete by the department, the                 

10  department shall notify the applicant in writing, or make the               

11  information electronically available, within 30 days after                  

1   receipt of the incomplete application, describing the deficiency            

2   and requesting the additional information.  The 90-day period is            

3   tolled upon notification by the department of a deficiency until            

4   the date the requested information is received by the                       

5   department.  The determination of the completeness of an                    

6   application does not operate as an approval of the application              

7   for the license or permit and does not confer eligibility of an             

8   applicant determined otherwise ineligible for issuance of a                 

9   license or permit.                                                          

10      (2) If the department fails to issue or deny a license or                   

11  permit within the time required by this section, the department             

12  shall return the license or permit fee and shall reduce the                 

13  license or permit fee for the applicant's next renewal                      

14  application, if any, by 15%.  The failure to issue a license or             

15  permit within the time required under this section does not allow           

16  the department to otherwise delay the processing of the                     

17  application, and that application, upon completion, shall be                

18  placed in sequence with other completed applications received at            

19  that same time.  The department shall not discriminate against an           

20  applicant in the processing of the application based upon the               

21  fact that the license fee was refunded or discounted under this             

22  subsection.                                                                 

23      (3) Beginning October 1, 2005, the director shall submit a                  

24  report by December 1 of each year to the standing committees and            

25  appropriations subcommittees of the senate and house of                     

26  representatives concerned with agricultural and food issues.  The           

27  director shall include all of the following information in the              

1   report concerning the preceding fiscal year:                                

2       (a) The number of initial and renewal applications the                      

3   department received and completed within the 90-day time period             

4   described in subsection (1).                                                

5       (b) The number of applications denied.                                      

6       (c) The number of applicants not issued a license or permit                 

7   within the 90-day time period and the amount of money returned to           

8   licensees and permittees under subsection (2).                              

9       (4) As used in this section, "completed application" means an               

10  application complete on its face and submitted with any                     

11  applicable licensing or permit fees as well as any other                    

12  information, records, approval, security, or similar item                   

13  required by law or rule from a local unit of government, a                  

14  federal agency, or a private entity but not from another                    

15  department or agency of the state of Michigan.  Under appropriate           

16  circumstances, completed application includes the completion of             

17  construction or renovation of any facility and the passing of a             

18  satisfactory inspection.