AB486: Bill Text Engrossed

AB486-engrossed, s. 29 Section 29. 105.06 (1r) of the statutes is created to read:

AB486-engrossed,49,3 105.06 (1r) (a) The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license under sub. (1).

AB486-engrossed,49,9 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a license under 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 license, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a).

AB486-engrossed,49,12 2. The department may not disapprove an application for a license under sub. (1) solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,49,17 (c) 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,49,19 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,49,22 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,49,24 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,50,2 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,50,5 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. 31 Section 31. 115.28 (7) (a) of the statutes is amended to read:

AB486-engrossed,50,12 115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the state superintendent's office all papers relating to state teachers' licenses and register each such license.

AB486-engrossed, s. 32 Section 32. 118.19 (2) of the statutes is repealed and recreated to read:

AB486-engrossed,50,16 118.19 (2) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any license or permit authorized to be granted by the department.

AB486-engrossed,50,22 (b) 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license or permit 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 license or permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license or permit.

AB486-engrossed,50,25 2. The department may not disapprove an application for a license or permit solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,51,5 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the periods 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,51,7 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,51,10 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,51,12 2. The information under subd. 1. is directly related to eligibility for the license or permit or to terms or conditions of the license or permit.

AB486-engrossed,51,15 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 or permit.

AB486-engrossed,51,18 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. 33 Section 33. 125.04 (3m) of the statutes is created to read:

AB486-engrossed,51,23 125.04 (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.

AB486-engrossed,52,4 (b) Subject to par. (e), 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, which may be by electronic mail, 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.

AB486-engrossed,52,7 (c) The department may not disapprove an application for a permit under this chapter solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,52,12 (d) In the rules under par. (a), the department shall specify a method for informing applicants of the periods 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,52,14 (e) The department may include any of the following in the rules required under par. (a):

AB486-engrossed,52,16 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for a permit is complete.

AB486-engrossed,52,20 2. Extensions of the period established under par. (a) 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.

AB486-engrossed,52,22 3. Extensions of the period established under par. (a) because the application is incomplete if all of the following apply:

AB486-engrossed,53,2 a. The department provides the applicant with written notice, which may be by electronic mail, of the need for an extension within 15 days after the applicant submits the application and the notice specifically describes the information that must be provided to complete the application or the information needed to complete the department's review of the application.

AB486-engrossed,53,4 b. The information under subd. 3. a. is directly related to eligibility for the permit or to terms or conditions of the permit.

AB486-engrossed,53,7 c. The information under subd. 3. a. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the permit.

AB486-engrossed,53,10 d. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 3. a. to the day on which the department receives the information.

AB486-engrossed,53,14 4. Extensions of the period established under par. (a) if, during the period established under par. (a), the department and the applicant jointly agree to a different period for acting on an application for a permit than that specified under par. (a).

AB486-engrossed, s. 34 Section 34. 145.025 of the statutes is created to read:

AB486-engrossed,53,23 145.025 Automatic approval of certain applications. Except as otherwise provided in this section, 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. 101.023. This section does not apply to an application for a license, registration, or certification under s. 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, or 145.18, or to any form or other writing submitted to the department under s. 145.26.

AB486-engrossed, s. 35 Section 35. 146.525 of the statutes is created to read:

AB486-engrossed,54,3 146.525 Deadlines for action on 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,54,5 (a) Certification of an instructional and competency evaluation program under s. 146.40 (3).

AB486-engrossed,54,6 (b) Approval of a competency evaluation program under s. 146.40 (3m).

AB486-engrossed,54,7 (c) An ambulance service provider license under s. 146.50 (5) (a).

AB486-engrossed,54,8 (d) An emergency medical technician license under s. 146.50 (5) (a) and (7).

AB486-engrossed,54,9 (e) An emergency medical technician training permit under s. 146.50 (5) (b).

AB486-engrossed,54,10 (f) Certification for the performance of defibrillation under s. 146.50 (6g) (a).

AB486-engrossed,54,11 (g) Certification as a first responder under s. 146.50 (8) (a) and (f).

AB486-engrossed,54,13 (h) Approval of training courses for the use of a semiautomatic defibrillator under s. 146.50 (8g) (d).

AB486-engrossed,54,15 (i) Approval of courses of emergency medical services instructional programs under s. 146.50 (9).

AB486-engrossed,54,17 (j) Approval of emergency medical services program plans under s. 146.55 (2) (b).

AB486-engrossed,54,24 (2) Failure to meet deadlines. Subject to sub. (4), the department shall refund fees paid by the applicant for a license, certification, permit, or approval specified in 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 license, certification, permit, or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, certification, permit, or approval.

AB486-engrossed,55,6 (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,55,9 (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,55,12 (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,55,15 (b) The information under par. (a) is directly related to eligibility for the license, certification, permit, or approval or to terms or conditions of the license, certification, permit, or approval.

AB486-engrossed,55,18 (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 license, certification, permit, or approval.

AB486-engrossed,55,21 (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. 36 Section 36. 168.165 of the statutes is created to read:

AB486-engrossed,56,2 168.165 Automatic approval of certain 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. 101.023.

AB486-engrossed, s. 36g Section 36g. 196.195 (5m) of the statutes is created to read:

AB486-engrossed,56,8 196.195 (5m) Time limitation on commission action. (a) The commission shall promulgate rules establishing a deadline for completing proceedings under subs. (2), (3), and (4), and for issuing orders under sub. (5). Upon receiving a petition under sub. (2) (a), or upon providing notice of its own motion under sub. (2) (a), the commission shall inform the interested persons of the deadline.

AB486-engrossed,56,16 (b) If a petition is filed under sub. (2) (a), the commission shall, except as provided in par. (d), no later than the deadline specified in the rules promulgated under par. (a), complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). Except as provided in par. (d), if the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the petition is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the petition are considered to be suspended by the commission.

AB486-engrossed,56,24 (c) If the commission provides notice of its own motion under sub. (2) (a), the commission shall, no later than the deadline specified in the rules promulgated under par. (a), complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the motion is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the motion are considered to be suspended by the commission.

AB486-engrossed,57,5 (d) The commission may extend a deadline specified in the rules promulgated under par. (a) if a petition that the commission receives is incomplete and if, within 30 days after receiving the petition, the commission provides written notice to the petitioner that describes specifically the information that must be provided to complete the petition.

AB486-engrossed, s. 36L Section 36L. 196.195 (10) of the statutes is amended to read:

AB486-engrossed,57,10 196.195 (10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5). This subsection does not apply to any provision of law that is considered to be suspended under sub. (5m).

AB486-engrossed, s. 37 Section 37. 218.0114 (13) (b) of the statutes is amended to read:

AB486-engrossed,57,14 218.0114 (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).

AB486-engrossed, s. 38 Section 38. 218.11 (2) (b) 1. of the statutes is amended to read:

AB486-engrossed,57,18 218.11 (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).

AB486-engrossed, s. 39 Section 39. 218.12 (2) (b) 2. of the statutes is amended to read:

AB486-engrossed,57,22 218.12 (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).

AB486-engrossed, s. 40 Section 40. 218.22 (2) (b) 1. of the statutes is amended to read:

AB486-engrossed,57,25 218.22 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486-engrossed, s. 41 Section 41. 218.32 (2) (b) 1. of the statutes is amended to read:

AB486-engrossed,58,3 218.32 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486-engrossed, s. 42 Section 42. 218.41 (2m) (a) 1. of the statutes is amended to read:

AB486-engrossed,58,6 218.41 (2m) (a) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486-engrossed, s. 43 Section 43. 218.51 (3) (b) 1. of the statutes is amended to read:

AB486-engrossed,58,9 218.51 (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).

AB486-engrossed, s. 44 Section 44. 224.50 of the statutes is created to read:

AB486-engrossed,58,13 224.50 Deadlines for action on certain applications. (1) Definition. In this section, "department" means the department of financial institutions and any subunit of the department of financial institutions.

AB486-engrossed,58,16 (2) Deadlines. (a) The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove an application for any of the following:

AB486-engrossed,58,17 1. A lender license under s. 138.09 (1m) (a).

AB486-engrossed,58,18 2. An insurance premium finance company license under s. 138.12 (3).

AB486-engrossed,58,19 3. A seller of checks license under s. 217.03.

AB486-engrossed,58,20 4. An adjustment service company license under s. 218.02.

AB486-engrossed,58,21 5. A collection agency license under s. 218.04.

AB486-engrossed,58,22 6. A community currency exchange license under s. 218.05.