Amendment ASA2-SB246

SB246-ASA2,9,1 (uw) A milk weigher and sampler license under s. 98.146.

SB246-ASA2,9,2 (v) A vehicle scale license under s. 98.16.

SB246-ASA2,9,3 (vm) A weights and measures servicing license under s. 98.18 (1) (a).

SB246-ASA2,9,4 (w) A liquid petroleum gas meter registration under s. 98.245 (7).

SB246-ASA2,9,5 (wm) A public warehouse keeper license under s. 99.02 (1).

SB246-ASA2,9,7 (x) A mobile air conditioner servicing registration certificate under s. 100.45 (5) (c).

SB246-ASA2,9,8 (xm) A grain dealer license under s. 126.11.

SB246-ASA2,9,9 (y) A grain warehouse keeper license under s. 126.26.

SB246-ASA2,9,10 (ym) A milk contractor license under s. 126.41.

SB246-ASA2,9,11 (z) A vegetable contractor license under s. 126.56.

SB246-ASA2,9,18 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license, permit, or other approval specified in sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, permit, or other approval.

SB246-ASA2,9,24 (b) If the department fails to approve or disapprove an application within the period established under sub. (1) for the application, plus any extension agreed to under sub. (4), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,10,4 (4) Permitted extension of deadline. During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application for a license, permit, or other approval than that specified under sub. (1).

SB246-ASA2, s. 8 Section 8. 101.022 of the statutes is created to read:

SB246-ASA2,10,10 101.022 Deadlines for action on certain applications. (1) Definition. In this section, "application" means any form or other writing that is submitted to the department under this chapter, ch. 145 or 168, or s 167.10 (6m) for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions.

SB246-ASA2,10,14 (2) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove any application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

SB246-ASA2,10,20 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by a person submitting an application if the department fails to provide the person with written notice 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. (2) for the application.

SB246-ASA2,11,2 (b) If the department fails to approve or disapprove an application within the period established under sub. (2) for the application, plus any extension agreed to under sub. (5), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,11,5 (5) Permitted extension of deadline. During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (2).

SB246-ASA2, s. 9 Section 9. 125.04 (3m) of the statutes is created to read:

SB246-ASA2,11,10 125.04 (3m) Deadlines for action on permit applications. (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any permit issued by the department under this chapter.

SB246-ASA2,11,15 (b) Subject to par. (f), the department shall refund any fee paid by the applicant for any permit under this chapter if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the permit.

SB246-ASA2,11,21 (c) If the department fails to approve or disapprove an application within the period established under par. (a) for the application, plus any extension agreed to under par. (f), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,11,24 (f) During the period established under par. (a), the department and the applicant may jointly agree to a different period for acting on an application for a permit than that specified under par. (a).

SB246-ASA2, s. 10 Section 10. 145.025 of the statutes is created to read:

SB246-ASA2,12,4 145.025 Deadlines for action on applications. Any form or other writing that is submitted to the department under this chapter for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions is subject to s. 101.022.

SB246-ASA2, s. 11 Section 11. 168.165 of the statutes is created to read:

SB246-ASA2,12,9 168.165 Deadlines for action on applications. Any form or other writing that is submitted to the department under this chapter for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions is subject to s. 101.022.

SB246-ASA2, s. 12 Section 12. 218.0114 (13) (b) of the statutes is amended to read:

SB246-ASA2,12,13 218.0114 (13) (b) The department of transportation shall promulgate rules establishing the license period for each type of license described in sub. (14) (a) to (f) and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 13 Section 13. 218.11 (2) (b) 1. of the statutes is amended to read:

SB246-ASA2,12,17 218.11 (2) (b) 1. The department shall promulgate rules establishing the license period under this section and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 14 Section 14. 218.12 (2) (b) 2. of the statutes is amended to read:

SB246-ASA2,12,21 218.12 (2) (b) 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 15 Section 15. 218.22 (2) (b) 1. of the statutes is amended to read:

SB246-ASA2,12,24 218.22 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 16 Section 16. 218.32 (2) (b) 1. of the statutes is amended to read:

SB246-ASA2,13,2 218.32 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 17 Section 17. 218.41 (2m) (a) 1. of the statutes is amended to read:

SB246-ASA2,13,5 218.41 (2m) (a) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 18 Section 18. 218.51 (3) (b) 1. of the statutes is amended to read:

SB246-ASA2,13,8 218.51 (3) (b) 1. The department shall promulgate rules establishing the buyer identification card period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 19 Section 19. 224.50 of the statutes is created to read:

SB246-ASA2,13,11 224.50 Deadlines for action on certain applications. (1) Definitions. In this section:

SB246-ASA2,13,14 (a) "Application" means any form or other writing that is submitted to the department for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions.

SB246-ASA2,13,16 (b) "Department" means the department of financial institutions and any subunit of the department of financial institutions.

SB246-ASA2,13,18 (2) Deadlines. (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application.

SB246-ASA2,13,20 (b) Any period established under par. (a) shall be consistent with any applicable period specified by statute.

SB246-ASA2,13,25 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by an applicant if the department fails to provide the applicant with written notice 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. (2) for the application.

SB246-ASA2,14,6 (b) If the department fails to approve or disapprove an application within the period established under sub. (2) for the application, plus any extension agreed to under sub. (5), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,14,9 (5) Permitted extension of deadline. During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (2).

SB246-ASA2, s. 20 Section 20. 299.05 of the statutes is repealed and recreated to read:

SB246-ASA2,14,13 299.05 Deadlines for action on 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:

SB246-ASA2,14,15 (a) Permits and other determinations related to navigable waters under ss. 30.10, 30.12, 30.123, 30.18, 30.19, and 30.20.

SB246-ASA2,14,16 (ag) A well driller or pump installer registration under s. 280.15.

SB246-ASA2,14,17 (ar) A high-capacity well approval under s. 281.17 (1).

SB246-ASA2,14,19 (b) A water system, wastewater treatment plant, or septage servicing vehicle operator certification under s. 281.17 (3).

SB246-ASA2,14,20 (c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).

SB246-ASA2,14,21 (cm) A water pollution discharge permit under s. 283.31 or 283.33.

SB246-ASA2,14,22 (d) A solid waste incinerator operator certification under s. 285.51 (2).

SB246-ASA2,14,23 (e) An ozone-depleting refrigerant removal approval under s. 285.59.

SB246-ASA2,14,24 (em) An air pollution control permit under s. 285.60.

SB246-ASA2,14,25 (er) A solid waste facility determination of feasibility under s. 289.29.

SB246-ASA2,15,1 (ew) A solid waste facility operating license under s. 289.31.

SB246-ASA2,15,2 (f) A solid waste disposal facility operator certification under s. 289.42 (1).

SB246-ASA2,15,3 (g) A hazardous waste transportation service license under s. 291.23.

SB246-ASA2,15,4 (gm) A hazardous waste facility operating license under s. 291.25.

SB246-ASA2,15,5 (h) A metallic mining exploration license under s. 293.21.

SB246-ASA2,15,6 (i) An oil or gas exploration license under s. 295.33 (1).

SB246-ASA2,15,7 (ig) A prospecting permit under s. 293.45.

SB246-ASA2,15,8 (ir) An oil or gas production license under s. 295.33 (2).

SB246-ASA2,15,9 (j) A laboratory certification or registration under s. 299.11.

SB246-ASA2,15,10 (k) A medical waste transportation license under s. 299.51 (3) (c).

SB246-ASA2,15,17 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license, permit, or other approval specified in sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, permit, or other approval.

SB246-ASA2,15,23 (b) If the department fails to approve or disapprove an application within the period established under sub. (1) for the application, plus any extension agreed to under sub. (4), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,16,2 (4) Permitted extension of deadline. During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application for a license, permit, or other approval than that specified under sub. (1).

SB246-ASA2, s. 21 Section 21. 341.19 (4) of the statutes is amended to read:

SB246-ASA2,16,5 341.19 (4) The department shall promulgate rules to implement this section and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA2, s. 22 Section 22. 343.02 (1) of the statutes is amended to read:

SB246-ASA2,16,12 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary and shall promulgate any rule required under s. 85.16 (3). Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act.

SB246-ASA2, s. 23 Section 23. 343.305 (11) of the statutes is amended to read:

SB246-ASA2,16,19 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section and shall promulgate any rule required under s. 85.16 (3). The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts and district attorneys. The rules may not affect any provisions relating to court procedure.

SB246-ASA2, s. 24 Section 24. Initial applicability.

SB246-ASA2,16,22 (1) This act first applies to applications that are received on the effective date of this subsection.

SB246-ASA2, s. 25 Section 25. Effective date.

SB246-ASA2,17,2 (1) This act takes effect on the first day of the 13th month beginning after publication.

SB246-ASA2,17,3 (End)