SB-1214, As Passed House, June 30, 2004                                     

SUBSTITUTE FOR

SENATE BILL NO. 1214

                                                                             A bill to amend 1969 PA 287, entitled                                             

"An act to regulate pet shops, animal control shelters, and                 

animal protection shelters; to establish uniform procedures and             

minimum requirements for adoption of dogs, cats, and ferrets; and           

to prescribe penalties and civil fines and to provide remedies,"            

by amending section 4 (MCL 287.334), as amended by 2003 PA 83.              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 4.  (1) Applications for pet shop licenses shall be on                 

2   a form as provided or made available by the director.  Beginning            

3   October 1, 2003 through September 30, 2007, the director shall              

4   issue pet shop licenses for a term of 1 year beginning January 1            

5   of each year.  Until October 1, 2003 or after September 30, 2007,           

6   the director shall issue a pet shop license upon application and            

7   payment of a license fee of $150.00.                                        

8       (2) Beginning October 1, 2003 through September 30, 2007, the               

9   department shall charge a fee of $200.00 for an initial                     

10  application for a pet shop license and a fee of $100.00 for                 

1   renewal of a pet shop license.                                              

2       (3) The following apply only to licenses issued beginning                   

3   October 1, 2003 through September 30, 2007:                                 

4       (a) A license issued before  the effective date of the                      

5   amendatory act that added this subsection July 23, 2003 expires            

6   on December 31, 2003, except that a license issued in the 2003              

7   calendar year expires on December 31, 2004.                                 

8       (b) Beginning January 1, 2004 and except as otherwise                       

9   provided for in this section, a pet shop license is renewable by            

10  submission of a completed renewal application provided or made              

11  available by the department and payment of the renewal fee                  

12  described in subsection (2).                                                

13  (4) Beginning the effective date of the amendatory act that                 

14  added this subsection, the department shall issue an initial or             

15  renewal pet shop license not later than 90 days after the                   

16  applicant files a completed application.  Receipt of the                    

17  application is considered the date the application is received by           

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

19  application is considered incomplete by the department, the                 

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

21  information electronically available, within 30 days after                  

22  receipt of the incomplete application, describing the deficiency            

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

24  tolled upon notification by the department of a deficiency until            

25  the date the requested information is received by the                       

26  department.  The determination of the completeness of an                    

27  application does not operate as an approval of the application              

1   for the license and does not confer eligibility of an applicant             

2   determined otherwise ineligible for issuance of a license.                  

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

4   the time required by this section, the department shall return              

5   the license fee and shall reduce the license fee for the                    

6   applicant's next renewal application, if any, by 15%.  The                  

7   failure to issue a license within the time required under this              

8   subsection does not allow the department to otherwise delay the             

9   processing of the application, and that application, upon                   

10  completion, shall be placed in sequence with other completed                

11  applications received at that same time.  The department shall              

12  not discriminate against an applicant in the processing of the              

13  application based upon the fact that the license fee was refunded           

14  or discounted under this subsection.                                        

15      (6) Beginning October 1, 2005, the director of the department               

16  shall submit a report by December 1 of each year to the standing            

17  committees and appropriations subcommittees of the senate and               

18  house of representatives concerned with agriculture issues.  The            

19  director shall include all of the following information in the              

20  report concerning the preceding fiscal year:                                

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

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

23  described in subsection (4).                                                

24      (b) The number of applications denied.                                      

25      (c) The number of applicants not issued a license within the                

26  90-day time period and the amount of money returned to licensees            

27  and registrants under subsection (5).                                       

1   (7) As used in this section, "completed application" means an               

2   application complete on its face and submitted with any                     

3   applicable licensing fees as well as any other information,                 

4   records, approval, security, or similar item required by law or             

5   rule from a local unit of government, a federal agency, or a                

6   private entity but not from another department or agency of the             

7   state of Michigan.  In the case of an initial application,                  

8   completed application includes the completion of construction or            

9   renovation of any facility and the passing of a satisfactory                

10  inspection.