AB486: Bill Text

LRB-1899/2

ALL:kjf:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 486

August 26, 2003 - Introduced by Representatives Montgomery, Suder, Nischke, Musser, Ladwig, Seratti, McCormick, Olsen, F. Lasee, Owens, Ainsworth, Hines, Jensen, Petrowski, Bies, Weber, Kestell and J. Fitzgerald, cosponsored by Senators Stepp, Schultz, Roessler, Harsdorf and A. Lasee. Referred to Committee on Government Operations and Spending Limitations.

AB486,2,2 An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 115.28 (7) (a), 218.0114 (13) (b), 218.11 (2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2) (b) 1., 218.41 (2m) (a) 1., 218.51 (3) (b) 1., 341.19 (4), 343.02 (1), 343.305 (6) (a), 343.305 (11), 440.06, 452.10 (2) (b), 563.15 (1), 601.04 (3), 632.68 (2) (b) (intro.), 632.68 (4) (b), 633.14 (1) (intro.) and 633.14 (2) (intro.); to repeal and recreate 118.19 (2), 299.05 and 440.03 (1m); and to create 5.059, 13.48 (36), 13.63 (3), 16.07, 16.61 (14), 16.83 (5), 22.21, 29.026, 45.54 (11), 46.284 (3m), 48.66 (2r), 49.481, 50.02 (4m), 51.031, 73.303, 85.16 (3), 93.125, 93.13, 101.022, 101.023, 102.17 (1) (cj), 103.275 (2m), 103.91 (2m), 103.92 (2m), 104.07 (4m), 105.06 (1r), 108.14 (20), 125.04 (3m), 145.025, 146.525, 168.165, 224.50, 224.60, 250.043, 299.06, 562.05 (12), 563.15 (4), 563.92 (5), 601.58 and 628.093 of the statutes; relating to: periods in which state agencies will act on certain applications, approval of certain applications, refunds of fees, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Deadlines for agency action

This bill requires state agencies to promulgate rules establishing periods within which the agencies intend to approve or disapprove applications for specified licenses, permits, and other approvals that the agencies issue. The following state agencies are required to promulgate rules: the Department of Natural Resources (DNR); the Department of Agriculture, Trade and Consumer Protection (DATCP); the Department of Regulation and Licensing (DRL); the Department of Health and Family Services (DHFS); the Department of Commerce; the Department of Workforce Development (DWD); the Department of Public Instruction (DPI); the Department of Financial Institutions (DFI); the Department of Transportation (DOT); the Department of Administration (DOA); the Department of Revenue (DOR); the Department of Corrections; the Department of Electronic Government; the Office of the Commissioner of Insurance (OCI); the Ethics Board; the Elections Board; the Building Commission; the Public Records Board; the Educational Approval Board; and the State Capitol and Executive Residence Board.

Automatic approval upon failure to meet deadlines

Under this bill, there are two possible consequences of failure to act on an application within the period established by rule. For some kinds of approvals, if an agency fails to act within the period established by rule or before the end of an authorized extension of that period, the application is automatically approved. An agency may extend the period for these approvals on the grounds that an application was incomplete if the agency provides written notice to the applicant, within 30 days of receiving the application, describing the information that must be provided to complete the application. An agency may extend the period by not more than 60 days if the agency provides written notification of the extension before the period expires, except that this provision does not apply to permits and other determinations related to structures and deposits in navigable waters and similar matters. An agency may extend the period by more than 60 days if it finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the agency cannot adequately review the application within the period. The bill also authorizes agencies to promulgate rules providing for extensions of the period for acting on an application because the applicant makes a material modification to the application or because information that the agency needs to complete its review of an application is unavailable.

A license or permit that is automatically approved is subject to any terms or conditions specified by statute or rule for that kind of license or permit and the agency may suspend or revoke it for failure to comply with those terms or conditions.

Approvals for which failure to act by a deadline results in automatic approval include: high-capacity well approvals, water pollution and air pollution permits, solid or hazardous waste facility operating licenses, and permits and other determinations related to structures and deposits in navigable waters issued by DNR; nursery dealer, pesticide manufacturer, commercial feed manufacturer, food processing plant, and grain dealer licenses, and farm-raised deer registrations issued by DATCP; approvals of construction site erosion control plans, approvals of exemptions from requirements related to the retention and disclosure of information about toxic substances, and approvals of agencies that inspect manufactured homes issued by the Department of Commerce; certain approvals related to unemployment insurance issued by DWD; approvals of plans for mergers by certain business entities and approvals relating to the operations of state banks, savings banks and savings and loans, and credit unions issued by DFI; approval of subcontractors for state building contracts and of state construction contracts by DOA; approval of ballots and voting devices by the Elections Board; approval of building projects by the Building Commission; approval of the disposition of public records and of public records retention schedules by the Public Records Board; and approval of proposed alterations to the state capitol or executive residence by the State Capitol and Executive Residence Board.

Fee refunds upon failure to meet deadlines

For the kinds of approvals that are not subject to automatic approval under the bill, an agency must refund fees paid by an applicant for an approval if the agency fails to act within the period established by rule. An agency may extend the period for these approvals on the grounds that an application was incomplete if the agency provides written notice to the applicant within 30 days of receiving the application describing the information that must be provided to complete the application.

Approvals for which the consequence of failure to act on an application within the period established by rule is a refund of fees include: well driller registrations, bait dealer licenses, and commercial fishing licenses issued by DNR; milk producer, buttermaker, and cheesemaker licenses issued by DATCP; all of the occupational credentials issued by DRL and its examining boards and affiliated credentialing boards; licenses for day care centers, group homes, nursing homes, ambulance service providers, and emergency medical technicians, certifications for mental health facilities, and permits for hotels and restaurants issued by DHFS; electrician certifications, plumber licenses, and building plan approvals issued by the Department of Commerce; migrant labor camp and contractor certifications and sheltered workshop and employment agent licenses issued by DWD; teaching licenses issued by DPI; mortgage banker and investment advisor licenses issued by DFI; outdoor advertising permits, motor vehicle dealer licenses, and oversize and overweight vehicle permits issued by DOT; racetrack and bingo licenses issued by DOA; permits related to the sale of cigarettes, tobacco products, and alcohol beverages issued by DOR; licenses for secured child caring institutions issued by the Department of Corrections; certificates of authority to transact the business of insurance and benefit plan administrator licenses issued by OCI; and lobbyist licenses issued by the Ethics Board.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB486, s. 1 Section 1. 5.059 of the statutes is created to read:

AB486,4,4 5.059 Automatic approval of certain applications. (1) Deadlines. The board, by rule, shall establish periods within which the board intends to approve or disapprove an application for any of the following:

AB486,4,5 (a) Approval of ballots, devices, and voting equipment under s. 5.91.

AB486,4,6 (b) Certification of chief inspectors under s. 7.31.

AB486,4,18 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the board to provide the applicant for an approval specified in sub. (1) with written notice that the board has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval, constitutes approval of the application. An application approved under this paragraph is subject to any terms or conditions specified by statute or rule for the approval and the board may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under sub. (1) for the approval, the board shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,4,21 (b) The board may not disapprove an application for an approval solely because the board is unable to complete its review of the application within the period established under sub. (1).

AB486,5,3 (3) Notice of deadline. Upon receiving an application for an approval specified in sub. (1), the board shall inform the applicant of the period established under sub. (1) for the approval.

AB486,5,5 (4) Optional provisions of rules. The board may include any of the following in the rules required under sub. (1):

AB486,5,7 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for an approval is complete.

AB486,5,10 (b) A longer period under sub. (1) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,5,13 (c) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the board notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB486,5,18 (d) Extensions of the period established under sub. (1) because information needed by the board to complete its review of an application for an approval is unknown or cannot be determined with certainty when the board receives the application if the board notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application.

AB486,5,20 (e) Deadlines for the board to complete intermediate steps in the process of completing its review of an application.

AB486,5,23 (5) Extensions authorized. (a) During the period established under sub. (1), the board and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (1).

AB486,6,2 (b) The board may extend the period established under sub. (1) because an application is incomplete if, within 30 days after receiving the application, the board provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486,6,5 (c) The board may extend the period established under sub. (1) for an application by not more than 60 days if the board provides written notice of the extension to the applicant within the period established under sub. (1).

AB486,6,13 (d) The board may extend the period established under sub. (1) for an application by more than 60 days if, within the period established under sub. (1), the board finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the board cannot adequately review the application within the period established under sub. (1) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 2 Section 2. 13.48 (36) of the statutes is created to read:

AB486,6,17 13.48 (36) Automatic approval of certain applications. (a) Deadlines. The building commission, by rule, shall establish periods within which the building commission intends to approve or disapprove an application for any of the following:

AB486,6,19 1. Approval of proposed University of Wisconsin System building projects under s. 13.48 (2) (b) 1m.

AB486,6,20 2. Approval of proposed state building projects under s. 13.48 (10).

AB486,6,22 3. Authorization for privately owned facilities to be constructed on state-owned land under s. 13.48 (12) (a).

AB486,6,24 4. Approval of the sale or lease of University of Wisconsin System residence halls under s. 13.48 (20).

AB486,6,25 5. Approval of assessments against state property under s. 66.0703 (6).

AB486,7,13 (b) Failure to meet deadline. 1. Subject to pars. (d) 3. and 4. and (e), failure by the building commission to provide the applicant for an approval specified in par. (a) with written notice that the building commission has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the approval, constitutes approval of the application. An application approved under this subdivision is subject to any terms or conditions specified by statute or rule for the approval and the building commission may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under par. (a) for the approval, the building commission shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,7,16 2. The building commission may not disapprove an application for an approval solely because the building commission is unable to complete its review of the application within the period established under par. (a).

AB486,7,19 (c) Notice of deadline. Upon receiving an application for an approval specified in par. (a), the building commission shall inform the applicant of the period established under par. (a) for the approval.

AB486,7,21 (d) Optional provisions of rules. The building commission may include any of the following in the rules required under par. (a):

AB486,7,23 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for an approval is complete.

AB486,8,3 2. A longer period under par. (a) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.