May 16, 2018, Introduced by Senator KNOLLENBERG and referred to the Committee on Oversight.
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 2007 PA 79.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) Applications for pet shop licenses shall must be
on a form as provided or made available by the director. Beginning
October 1, 2003 through September 30, 2012, the director shall
issue pet shop licenses for a term of 1 year beginning January 1 of
each year. After September 30, 2012, the director shall issue a pet
shop license upon application and payment of a license fee of
$150.00.
(2) Subject to subsection (6) and until September 30, 2012,
the department shall charge a fee of $200.00 for an initial
application for a pet shop license and a fee of $100.00 for renewal
of a pet shop license.
(3) Until September 30, 2012 and except as otherwise provided
for in this section, a pet shop license is renewable by submission
of a completed renewal application provided or made available by
the department and payment of the renewal fee described in
subsection (2).
(4) The department shall deposit all license fees, inspection
fees, other noncriminal fines or fees, and administrative fines
received pursuant to this act into the agriculture licensing and
inspection fees fund created in section 9 of the insect pest and
plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant
to appropriation, by the director in administering and carrying out
those duties required by law under this act.
(5) Beginning July 23, 2004, the department shall issue an
initial or renewal pet shop license 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
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 and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(6) If the department fails to issue or deny a license within
the time required by this section, 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 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.
(7)
Beginning October 1, 2005, 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 agriculture 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 (5).
(b)
The number of applications denied.
(c)
The number of applicants not issued a license within the
90-day
time period and the amount of money returned to licensees
and
registrants under subsection (6).
(7) (8)
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. In the
case of an initial application,
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.