Bill Text: MI HB5562 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Occupations; other; full-service gasoline pump at gas stations; make available by certain date. Amends sec. 6 of 1984 PA 44 (MCL 290.646) & adds sec. 4b.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-11-03 - Printed Bill Filed 10/30/2009 [HB5562 Detail]
Download: Michigan-2009-HB5562-Introduced.html
HOUSE BILL No. 5562
October 29, 2009, Introduced by Rep. Young and referred to the Committee on Transportation.
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, and
by adding section 4b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4b. Beginning the license cycle beginning at least 12
months after the effective date of the amendatory act that added
this section, a retail outlet shall make available to the public at
least 1 full-service gasoline pump, which provides for an agent or
employee of the retail outlet to dispense the gasoline.
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. Beginning the license cycle beginning at
least 12 months after the effective date of the amendatory act that
added section 4b and as part of the initial application or renewal
application for a retail outlet, an applicant shall demonstrate in
a manner acceptable to the department that he or she has available
at least 1 full-service gasoline pump as described in section 4b.
(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 submitted 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, 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 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 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.
(9) (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.
(10) (11)
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 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) (9).
(11) (12)
Before a blender engages in the
transferring,
selling, dispensing, or offering for sale 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
state of Michigan.
