SB-1208, As Passed House, June 30, 2004                                     

SUBSTITUTE FOR

SENATE BILL NO. 1208

                                                                             A bill to amend 2001 PA 266, entitled                                             

"Grade A milk law of 2001,"                                                 

(MCL 288.471 to 288.540) by adding section 33a.                             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 33a.  (1) Beginning the effective date of the                          

2   amendatory act that added this section and notwithstanding the              

3   license and permit fees imposed under sections 31 and 33, the               

4   department shall issue an initial or renewal license or permit              

5   for regulated activities described in sections 31 and 33, other             

6   than a grade A dairy farm or a certified industry farm inspector,           

7   not later than 90 days after the applicant files a completed                

8   application.  Receipt of the application is considered the date             

9   the application is received by any agency or department of the              

10  state of Michigan.                                                          

11      (2) If the application is considered incomplete by the                      

1   department, the department shall notify the applicant in writing,           

2   or make information electronically available, within 30 days                

3   after receipt of the incomplete application, describing the                 

4   deficiency and requesting the additional information.  The 90-day           

5   period is tolled upon notification by the department of a                   

6   deficiency until the date the requested information is received             

7   by the department.  The determination of the completeness of an             

8   application does not operate as an approval of the application              

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

10  applicant determined otherwise ineligible for issuance of a                 

11  license or permit.                                                          

12      (3) If the department fails to issue or deny a license or                   

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

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

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

16  application, if any, by 15%.  The failure to issue or deny a                

17  license or permit within the time required under this section               

18  does not allow the department to otherwise delay the processing             

19  of the application, and that application, upon completion, shall            

20  be placed in sequence with other completed applications received            

21  at that same time.  The department shall not discriminate against           

22  an applicant in the processing of the application based upon the            

23  fact that the license or permit fee was refunded or discounted              

24  under this subsection.                                                      

25      (4) Beginning October 1, 2005, the director shall submit a                  

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

27  appropriations subcommittees of the senate and house of                     

1   representatives concerned with agricultural and food issues.  The           

2   director shall include all of the following information in the              

3   report concerning the preceding fiscal year:                                

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

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

6   described in subsection (1).                                                

7       (b) The number of applications denied.                                      

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

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

10  licensees and permittees under subsection (3).                              

11      (5) As used in this section, "completed application" means an               

12  application that is complete on its face and submitted with any             

13  applicable licensing or permit fees as well as any other                    

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

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

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

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

18  circumstances, completed application includes the completion of             

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

20  satisfactory inspection.