LRBs0189/1
RT/RM/AG/MG/JK:kjf&cs:pg
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2003 SENATE BILL 246
October 21, 2003 - Offered by Representatives Richards, Hebl, Turner, Black and
Zepnick.
SB246-ASA2,1,7
1An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 218.0114 (13) (b), 218.11
2(2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2) (b) 1., 218.41 (2m) (a) 1.,
3218.51 (3) (b) 1., 341.19 (4), 343.02 (1) and 343.305 (11);
to repeal and recreate
4299.05; and
to create 29.026, 73.303, 85.16 (3), 93.125, 101.022, 125.04 (3m),
5145.025, 168.165 and 224.50 of the statutes;
relating to: periods in which state
6agencies will act on certain applications, refunds of fees, granting rule-making
7authority, and providing penalties.
Analysis by the Legislative Reference Bureau
This substitute amendment 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 Commerce; the Department of
Financial Institutions (DFI); the Department of Transportation (DOT); and the
Department of Revenue (DOR).
An agency and an applicant may agree to extend the period for the specified
approvals.
Under this substitute amendment, if an agency fails to act within the period
established by rule plus any extension, the agency must refund fees paid by an
applicant for an approval. In addition, the agency may be required to pay a forfeiture
for failing to act by the deadline.
Approvals covered by this substitute amendment include: air pollution
permits, well driller registrations, bait dealer licenses, commercial fishing licenses,
high-capacity well approvals, water 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; milk producer,
buttermaker, cheesemaker, nursery dealer, pesticide manufacturer, commercial feed
manufacturer, food processing plant, and grain dealer licenses and farm-raised deer
registrations issued by DATCP; electrician certifications, plumber licenses, building
plan approvals, 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; mortgage banker and investment advisor
licenses, 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; outdoor advertising permits, motor vehicle dealer
licenses, oversize and overweight vehicle permits, approvals relating to
maintenance of highway vegetation, and certain types of business and vehicle
registrations issued by DOT; and permits related to the sale of cigarettes, tobacco
products, and alcohol beverages issued by DOR.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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229.026 Deadlines for action on certain approval applications. (1) 3Deadlines. The department, by rule, shall establish periods within which the
4department intends to approve or disapprove an application for any of the approvals
5specified in s. 29.024 (2r) 1. to 16.
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6(2) Failure to meet deadline. (a) Subject to sub. (4), the department shall
7refund fees paid by the applicant for an approval subject to sub. (1) if the department
8fails to provide the applicant with written notice that the department has approved
1or disapproved the application for the approval, including the specific facts upon
2which any disapproval is based, before the expiration of the period established under
3sub. (1) for the approval.
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(b) If the department fails to approve or disapprove an application within the
5period established under sub. (1) for the application, plus any extension agreed to
6under sub. (4), the department may be required to forfeit, for each day after the
7deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th
8to the 20th day, and $10,000 for each day after the 20th day to the day on which the
9department acts on the application.
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10(4) Permitted extension of deadline. During the period established under
11sub. (1), the department and the applicant may jointly agree to a different period for
12acting on an application for an approval than that specified under sub. (1).
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1473.303 Deadlines for action on permit applications. (1) In this section,
15"department" means the department of revenue.
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16(2) The department, by rule, shall establish periods within which the
17department intends to approve or disapprove an application for any of the following:
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(a) A permit under s. 139.34.
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(b) A cigarette salesperson permit under s. 139.37.
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(c) A tobacco product salesperson permit under s. 139.81.
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21(3) Subject to sub. (5), the department shall refund fees paid by the applicant
22for a permit specified in sub. (2) if the department fails to provide the applicant with
23written notice that the department has approved or disapproved the application for
24the permit, including the specific facts upon which any disapproval is based, before
25the expiration of the period established under sub. (2) for the permit.
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1(4) If the department fails to approve or disapprove an application within the
2period established under sub. (2) for the application, plus any extension agreed to
3under sub. (5), the department may be required to forfeit, for each day after the
4deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th
5to the 20th day, and $10,000 for each day after the 20th day to the day on which the
6department acts on the application.
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7(5) During the period established under sub. (2), the department and the
8applicant may jointly agree to a different period for acting on an application for a
9permit than that specified under sub. (2).
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84.063
(5) Rules. The department shall promulgate rules
, including any rule
12required under s. 85.16 (3), to implement and administer this section.
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84.30
(14) Department rules. The department may promulgate rules deemed
15necessary to implement and enforce this section. The department shall promulgate
16rules to restrict the erection and maintenance of signs as to their lighting, size,
17number and spacing when such signs are visible from the highway but outside the
18adjacent area. The department shall by rule establish a priority system for the
19removal or relocation of all signs not specified in sub. (5) (d) which fail to conform to
20the requirements of sub. (5).
The department's rules shall include any rule required
21under s. 85.16 (3).
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85.16
(3) (a) The department, by rule, shall establish periods within which the
24department intends to approve or disapprove an application for any of the following:
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1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).
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12. An approval or permit related to a controlled-access highway under s. 84.25
2(4) or (7).
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3. An approval of a franchise or permit granted by a municipality as specified
4in s. 84.08.
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4. An outdoor advertising business license under s. 84.30 (10).
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5. An outdoor advertising sign permit under s. 84.30 (10m).
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6. An approval related to highway vegetation under s. 86.03 (3).
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7. A permit related to excavating, filling, altering, or disturbing a highway or
9bridge under s. 86.07 (2).
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8. A permit for the erection and maintenance of a specific information sign
11under s. 86.195 (2) (a) or a business sign under s. 86.195 (2) (b).
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9. A permit for the erection and maintenance of a tourist-oriented directional
13sign under s. 86.196 (2).
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10. An unairworthy aircraft certificate under s. 114.20 (5).
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11. A recreational vehicle dealer's license under s. 218.11.
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12. A recreational vehicle salesperson's license under s. 218.12.
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13. A motor vehicle salvage dealer's license under s. 218.22.
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14. A motor vehicle auction dealer's license under s. 218.32.
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15. A moped dealer's license under s. 218.41.
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16. A buyer identification card under s. 218.51.
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17. An approval related to quarterly or consecutive monthly registration under
22s. 341.185 or 341.19.
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18. A registration of a dealer, distributor, manufacturer, or transporter under
24s. 341.51.
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119. A registration of a finance company or a financial institution under s.
2341.57.
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20. A certificate of title under s. 342.18.
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21. A permit to perform chemical analysis of the breath under s. 343.305 (6).
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22. A license to conduct a driver school under s. 343.61.
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23. A license to act as a driving instructor under s. 343.62.