Bill Text: MI SB1052 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Agriculture; weights and measures; motor fuel retail license fee; eliminate. Amends sec. 6 of 1984 PA 44 (MCL 290.646).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0466'16 12/30/16 Addenda [SB1052 Detail]
Download: Michigan-2015-SB1052-Engrossed.html
SB-1052, As Passed House, December 14, 2016
SB-1052, As Passed Senate, December 6, 2016
SENATE BILL No. 1052
September 7, 2016, Introduced by Senator GREEN 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 2006 PA 271.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Before a distributor or retail dealer engages in
transferring, selling, dispensing, or offering for sale gasoline,
diesel fuel, biodiesel, biodiesel blend, or hydrogen fuel in this
state, the 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, or 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.
(6) (7)
If a person licensed under this act
is convicted of a
willful
an intentional 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.
(7) (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.
(8) (9)
Except as otherwise provided in
subsection (3),
beginning
on 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 the 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.
(9) (11)
Beginning October 1, 2005, the 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).(8).
(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).
(11) (12)
Before a blender engages in the
transferring,
selling, dispensing, or offering for sale of 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.
(12) (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
this
state. of Michigan.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 506.
(b) Senate Bill No. ____ or House Bill No. ____ (request no.
04825'15 *).
(c) Senate Bill No. ____ or House Bill No. ____ (request no.
04827'15 *).
