AB486: Bill Text Engrossed

AB486-engrossed,8,13 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,8,15 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license.

AB486-engrossed,8,18 4. The extension is not longer than the number of days from the day on which the board provides the notice under subd. 1. to the day on which the board receives the information.

AB486-engrossed, s. 3g Section 3g. 13.92 (1) (b) 2m. of the statutes is created to read:

AB486-engrossed,8,22 13.92 (1) (b) 2m. Determine whether an original measure requires a person to obtain a license, permit, or similar approval from a state agency and, if so, include a statement to that effect in the analysis of the measure.

AB486-engrossed, s. 4 Section 4. 16.07 of the statutes is created to read:

AB486-engrossed,9,3 16.07 Automatic approval of certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486-engrossed,9,5 (a) Approval of subcontractors for state building projects under s. 16.855 (13) (b).

AB486-engrossed,9,6 (b) Approval of state construction contracts under s. 16.87 (3).

AB486-engrossed,9,20 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for an approval specified in sub. (1) with written notice, which may be by electronic mail, that the department 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 department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. The department may not make the approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1) for the approval, the department 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-engrossed,9,23 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-engrossed,9,25 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,10,6 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486-engrossed,10,8 (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-engrossed,10,11 (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-engrossed,10,15 (c) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification. The notification may be by electronic mail.

AB486-engrossed,10,21 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for an approval is unknown or cannot be determined with certainty when the department receives the application if the department notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application. The notification may be by electronic mail.

AB486-engrossed,10,23 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486-engrossed,11,3 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (1).

AB486-engrossed,11,5 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-engrossed,11,8 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-engrossed,11,10 2. The information under subd. 1. is directly related to eligibility for the approval or to terms or conditions of the approval.

AB486-engrossed,11,12 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

AB486-engrossed,11,15 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-engrossed,11,23 (d) The department may extend the period established under sub. (1) for an application by not more than 30 days if, within the period established under sub. (1), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice, which may be by electronic mail, to the applicant that states with particularity the facts on which those findings are based.

AB486-engrossed, s. 7 Section 7. 22.21 of the statutes is created to read:

AB486-engrossed,12,3 22.21 Automatic approval of certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486-engrossed,12,4 (a) Licensing of computer programs under s. 22.03 (4) (a).

AB486-engrossed,12,5 (b) Proposed purchasing contracts under s. 22.09 (5).

AB486-engrossed,12,6 (c) Proposed strategic plans of executive branch agencies under s. 22.13 (5).

AB486-engrossed,12,20 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for an approval specified in sub. (1) with written notice, which may be by electronic mail, that the department 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 department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. The department may not make the approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1) for the approval, the department 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-engrossed,12,23 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-engrossed,13,4 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,13,6 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486-engrossed,13,8 (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-engrossed,13,11 (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-engrossed,13,15 (c) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification. The notification may be by electronic mail.

AB486-engrossed,13,21 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for an approval is unknown or cannot be determined with certainty when the department receives the application if the department notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application. The notification may be by electronic mail.

AB486-engrossed,13,23 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486-engrossed,14,3 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (1).

AB486-engrossed,14,5 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-engrossed,14,8 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-engrossed,14,10 2. The information under subd. 1. is directly related to eligibility for the approval or to terms or conditions of the approval.

AB486-engrossed,14,12 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

AB486-engrossed,14,15 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-engrossed,14,23 (d) The department may extend the period established under sub. (1) for an application by not more than 30 days if, within the period established under sub. (1), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice, which may be by electronic mail, to the applicant that states with particularity the facts on which those findings are based.

AB486-engrossed, s. 8 Section 8. 29.026 of the statutes is created to read:

AB486-engrossed,15,4 29.026 Deadlines for action on certain approval applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the approvals specified in s. 29.024 (2r) 1. to 16.

AB486-engrossed,15,10 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval subject to sub. (1) if the department fails to provide the applicant with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval.

AB486-engrossed,15,13 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-engrossed,15,19 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,15,22 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-engrossed,15,25 (a) Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-engrossed,16,2 (b) The information under par. (a) is directly related to eligibility for the approval or to terms or conditions of the approval.

AB486-engrossed,16,4 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

AB486-engrossed,16,7 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

AB486-engrossed, s. 9 Section 9. 45.54 (11) of the statutes is created to read:

AB486-engrossed,16,11 45.54 (11) Deadlines for action on permits and approvals. (a) The board, by rule, shall establish periods within which the board intends to approve or disapprove an application for any of the following:

AB486-engrossed,16,12 1. A permit under sub. (8) (b).

AB486-engrossed,16,13 2. An approval under sub. (10).

AB486-engrossed,16,19 (b) Subject to par. (d), the board shall refund fees paid by the applicant for a permit or approval specified in par. (a) if the board fails to provide the applicant with written notice, which may be by electronic mail, that the board has approved or disapproved the application for the permit or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the permit or approval.

AB486-engrossed,16,22 (c) The board may not disapprove an application solely because the board is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,17,2 (d) In the rules under par. (a), the board shall specify a method for informing applicants of the periods established under par. (a). The board shall specify the method that it determines is the most cost-effective method available. The board is not required to notify an applicant if the board intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,17,4 (e) The board may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,17,7 1. Within 15 days after receiving the application, the board provides written notice to the applicant, which may be by electronic mail, describing specifically the information that must be provided to complete the application.

AB486-engrossed,17,9 2. The information under subd. 1. is directly related to eligibility for the permit or approval or to terms or conditions of the permit or approval.

AB486-engrossed,17,12 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the permit or approval.

AB486-engrossed,17,15 4. The extension is not longer than the number of days from the day on which the board provides the notice under subd. 1. to the day on which the board receives the information.

AB486-engrossed, s. 10 Section 10. 46.284 (3m) of the statutes is created to read:

AB486-engrossed,17,19 46.284 (3m) Deadline for action on certification application. (a) Deadline. The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for certification under sub. (3).

AB486-engrossed,17,25 (b) Failure to meet deadline. 1. Subject to par. (d), the department shall refund fees paid by the application for certification specified in par. (a) if the department fails to provide the applicant with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the certification, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the certification.

AB486-engrossed,18,3 2. The department may not disapprove an application for certification solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,18,9 (c) Notice of deadline. In the rules under par. (a), the department shall specify a method for informing applicants of the period established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,18,12 (d) Permitted extension of deadline. The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,18,15 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-engrossed,18,17 2. The information under subd. 1. is directly related to eligibility for the certification or to terms or conditions of the certification.

AB486-engrossed,18,20 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the certification.

AB486-engrossed,18,23 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-engrossed, s. 11 Section 11. 48.66 (2r) of the statutes is created to read:

AB486-engrossed,19,6 48.66 (2r) (a) The department of health and family services, by rule, shall establish periods within which the department intends to approve or disapprove an application for a license to operate a child welfare agency, group home, shelter care facility, or day care center. The department of corrections, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license to operate a secured child caring institution.

AB486-engrossed,19,13 (b) 1. Subject to par. (d), the department of health and family services or the department of corrections shall refund all fees paid by the applicant for a license specified in par. (a) if the department that receives the fee fails to provide the applicant with written notice, which may be by electronic mail, that it has approved or disapproved the application for the license, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license.

AB486-engrossed,19,17 2. The department of health and family services or the department of corrections may not disapprove an application for a license specified in par. (a) solely because the department reviewing the application is unable to complete its review of the application within the period established under par. (a) for the license.

AB486-engrossed,19,24 (c) In the rules under par. (a), the department of health and family services and the department of corrections shall each specify a method for informing applicants of the periods established under par. (a). Each department shall specify the method that it determines is the most cost-effective method available. The department receiving an application is not required to notify the applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-engrossed,20,3 (d) The department of health and family services or the department of corrections may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,20,7 1. Within 15 days after receiving the application, the department receiving the application provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-engrossed,20,9 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,20,11 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license.

AB486-engrossed,20,14 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-engrossed, s. 12 Section 12. 49.481 of the statutes is created to read: