Bill Text: MI SB0557 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: State management: other; requirements for state agencies when issuing a permit; provide for. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-10-04 - Referred To Committee On Oversight [SB0557 Detail]
Download: Michigan-2023-SB0557-Introduced.html
SENATE BILL NO. 557
A bill to facilitate the streamlined processing of applications for state permits; to establish certain time frames for the processing of applications for state permits; to provide for the refund or waiver of application fees if permits are not processed within applicable time frames; to require certain reports; and to provide for the powers and duties of certain state governmental officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "streamlined state permit act".
(a) "Application fee" means a fee paid to a state department or agency in exchange for consideration of a completed application. Application fee does not include any other fees paid in connection with the application, including, but not limited to, fees paid for professional assessments carried out by this state.
(b) "Cannabis regulatory agency" means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001, and renamed the cannabis regulatory agency by Executive Reorganization Order No. 2022-1, MCL 333.27002.
(c) "Completed application" means the applicant has properly and timely submitted all information and materials necessary for the department or agency to make a final decision.
(d) "Department" means the department of treasury.
(e) "Legal authority" includes statutes, regulations, and any other authority of a legal nature.
(f) "Michigan commission on law enforcement standards" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603.
(g) "Michigan gaming control board" means the Michigan gaming control board created in section 4 of the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.204.
(h) "Michigan public service commission" means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460.1.
(i) "Permit" means any permit, license, certification, or other discretionary approval issued by a state department or agency. Permit does not include any of the following:
(i) A permit or license issued for recreational purposes by the department of natural resources.
(ii) A permit or license issued by the Michigan public service commission.
(iii) A permit or license issued by the department of insurance and financial services.
(iv) Cemetery, health care facility, cannabis, liquor, gaming, commercial, fire safety, professional, and occupational licenses issued by the department of licensing and regulatory affairs, the cannabis regulatory agency, or the Michigan gaming control board.
(v) A permit or license issued by the Michigan commission on law enforcement standards.
(vi) Any permit, license, or certification that is considered issued or renewed as of the date a fee is paid without further action by the department or agency.
(j) "Recommended time frames" means the recommended time frames established by the executive office of the governor under section 7.
Sec. 5. Not later than 90 days after the effective date of this act, each state department or agency that issues permits must submit a report to the executive office of the governor that includes all of the following:
(a) A list of the types of permits issued by the state department or agency.
(b) For each type of permit identified under subsection (a), all of the following:
(i) A description of the permit.
(ii) The term of the permit.
(iii) The legal authority for the issuance of the permit.
(iv) Any legal authority governing the length of time within which the department or agency must process applications for the permit.
(v) The amount of the application fee charged by the department or agency for the permit and any legal authority governing that fee.
(vi) Any additional fees charged by the department or agency for operations that are necessary to facilitate permit applications, including, but not limited to, fees for professional assessments.
(vii) A description of any other factors that affect the time the department needs to review permit applications, including, but not limited to, the involvement of other governmental entities or regulatory bodies and any applicable public meeting or public comment requirements.
(c) A list of the types of permits that the department or agency considers unnecessary or obsolete and, for each type of permit listed, the reasons why the department or agency considers it unnecessary or obsolete.
Sec. 7. (1) Within 90 days after receiving the report required under section 5, the executive office of the governor shall establish recommended time frames for the efficient processing of applications for each type of permit.
(2) The executive office of the governor shall provide the recommended time frames established to each state department or agency that issues permits. As soon as practicable after receipt of the recommended time frames, the state department or agency shall do both of the following:
(a) Publish the recommended time frames on its public website.
(b) Incorporate the updated information into existing tools and processes, including tools and processes established under Executive Directive No. 2022-6.
(3) In processing permit applications, a state department or agency shall comply with the recommended time frames.
(4) If a state department or agency does not process a completed application within the recommended time frame in effect when the application is received, the department or agency shall waive or refund the full application fee to the extent not prohibited by another law of this state. A waiver or refund of an application fee under this subsection must not influence the disposition of the underlying application.
(5) The department shall review its procedures and technology to determine ways it can assist departments and agencies with refunding permit application fees under subsection (4). Not later than 90 days after the effective date of this act, the department shall submit a report to the executive office of the governor regarding its ability to process refunds in the most expedited manner possible.
Sec. 9. A state department or agency that issues permits must review the materials the state department or agency provides to the public, including materials on its public website, regarding the requirements for a permit application to ensure that these materials make clear to the public what is required for a permit application to be considered complete.
Sec. 11. (1) State departments and agencies that issue permits must take all necessary steps to implement this act, including through the allocation of available funding and other resources in a manner consistent with applicable law.
(2) This act does not create any right or benefit, substantive or procedural, against this state, a department, agency, or other entity of this state, an officer, employee, or other agent of this state, or any other person.
