AB486: Bill Text Engrossed

AB486-engrossed,68,15 299.06 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,68,16 (a) A high-capacity well approval under s. 281.17 (1).

AB486-engrossed,68,17 (b) A water pollution discharge permit under s. 283.31 or 283.33.

AB486-engrossed,68,18 (d) A solid waste facility determination of feasibility under s. 289.29.

AB486-engrossed,68,19 (e) A solid waste facility operating license under s. 289.31.

AB486-engrossed,68,20 (f) A hazardous waste facility operating license under s. 291.25.

AB486-engrossed,68,21 (g) A prospecting permit under s. 293.45.

AB486-engrossed,68,22 (h) An oil or gas production license under s. 295.33 (2).

AB486-engrossed,68,24 (i) Permits and other determinations under ss. 30.10, 30.12, 30.123, 30.18, 30.19, and 30.20.

AB486-engrossed,69,18 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for a permit, approval, or other determination specified in sub. (1) with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the permit, approval, or other determination, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the permit, approval, or other determination, constitutes approval of the application. A permit, approval, or other determination approved under this paragraph is subject to any terms or conditions specified by statute or rule for the permit, approval, or other determination and the department may suspend, limit, revoke, or withdraw the permit, approval, or other determination for substantial failure to comply with those terms or conditions. The department may not make the license, permit, or other 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 permit, approval, or other determination, the department shall provide the applicant with a statement showing that the permit, approval, or other determination is approved and specifying any terms and conditions that apply to that permit, approval, or other determination.

AB486-engrossed,69,21 (b) The department may not disapprove an application for a permit, approval, or other determination solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-engrossed,70,2 (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,70,4 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486-engrossed,70,7 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for a permit, approval, or other determination is complete.

AB486-engrossed,70,10 (b) A longer period under sub. (1) for an application for a permit, approval, or other determination for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486-engrossed,70,14 (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,70,20 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for a permit, approval, or other determination 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,70,22 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486-engrossed,71,2 (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 for a permit, approval, or other determination than that specified under sub. (1).

AB486-engrossed,71,4 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-engrossed,71,7 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,71,10 2. The information under subd. 1. is directly related to eligibility for the permit, approval, or other determination or to terms or conditions of the permit, approval, or other determination.

AB486-engrossed,71,13 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, approval, or other determination.

AB486-engrossed,71,16 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,71,24 (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. 49 Section 49. 341.19 (4) of the statutes is amended to read:

AB486-engrossed,72,2 341.19 (4) The department shall promulgate rules to implement this section and shall promulgate any rule required under s. 85.16 (3).

AB486-engrossed, s. 50 Section 50. 343.02 (1) of the statutes is amended to read:

AB486-engrossed,72,9 343.02 (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.

AB486-engrossed, s. 51 Section 51. 343.305 (6) (a) of the statutes is amended to read:

AB486-engrossed,72,23 343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under this section shall have been performed substantially according to methods approved by the laboratory of hygiene and by an individual possessing a valid permit to perform the analyses issued by the department of health and family services. The department of health and family services shall, subject to s. 250.043, approve laboratories for the purpose of performing chemical analyses of blood or urine for alcohol, controlled substances or controlled substance analogs and shall develop and administer a program for regular monitoring of the laboratories. A list of approved laboratories shall be provided to all law enforcement agencies in the state. Urine specimens are to be collected by methods specified by the laboratory of hygiene. The laboratory of hygiene shall furnish an ample supply of urine and blood specimen containers to permit all law enforcement officers to comply with the requirements of this section.

AB486-engrossed, s. 52 Section 52. 343.305 (11) of the statutes is amended to read:

AB486-engrossed,73,6 343.305 (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.

AB486-engrossed, s. 53 Section 53. 440.03 (1m) of the statutes is repealed and recreated to read:

AB486-engrossed,73,13 440.03 (1m) (a) The department shall, by rule, establish periods within which the department and credentialing boards intend to grant, or determine not to grant, an application for an initial, reciprocal, or temporary credential and to renew, or determine not to renew, a credential. Any period established under rules promulgated under this paragraph shall be consistent with any applicable period specified by statute.

AB486-engrossed,73,20 (b) 1. Subject to par. (d), the department shall refund any fees paid by a person submitting an application specified in par. (a) if the department or a credentialing board fails to provide the person with written notice, which may be by electronic mail, that the department or credentialing board has granted or renewed, or determined not to grant or renew, the credential, including the specific facts upon which any determination not to grant or renew a credential is based, before the expiration of the period established under the rules promulgated under par. (a).

AB486-engrossed,73,25 2. The department or a credentialing board may not determine not to grant an initial, reciprocal, or temporary credential, or to renew a credential, solely because the department or credentialing board is unable to complete its review of the application within the period established under the rules promulgated under par. (a).

AB486-engrossed,74,5 (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,74,7 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,74,10 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,74,12 2. The information under subd. 1. is directly related to eligibility for the credential or to terms or conditions of the credential.

AB486-engrossed,74,14 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 credential.

AB486-engrossed,74,17 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. 54 Section 54. 440.06 of the statutes is amended to read:

AB486-engrossed,74,22 440.06 Refunds and reexaminations. The Except as provided in s. 440.03 (1m), the secretary may establish uniform procedures for refunds of fees paid under s. 440.05 or 440.08 and uniform procedures and fees for reexaminations under chs. 440 to 480.

AB486-engrossed, s. 55 Section 55. 452.10 (2) (b) of the statutes is amended to read:

AB486-engrossed,75,3 452.10 (2) (b) Unless Except as provided in s. 440.03 (1m), unless an application is withdrawn in writing before the department has made any investigation, no part of the fee shall be returned.

AB486-engrossed, s. 56 Section 56. 562.05 (12) of the statutes is created to read:

AB486-engrossed,75,7 562.05 (12) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any license issued under this section.

AB486-engrossed,75,13 (b) 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license under this section 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) for the license.

AB486-engrossed,75,16 2. The department may not disapprove an application for a license solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,75,21 (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,75,23 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,76,3 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,76,5 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,76,7 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,76,10 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. 57 Section 57. 563.15 (1) of the statutes is amended to read:

AB486-engrossed,76,19 563.15 (1) After Subject to sub. (4), after making the determinations under s. 563.14, the department shall either notify the applicant organization in writing why a license is not being issued or issue a license to such applicant organization authorizing it to conduct bingo at the times and places set forth in the license. Except as provided in sub. (1m), a license issued under this subsection shall be effective for one year from the first day of the month of the first occasion listed on the license and may be renewed annually, except that an applicant organization may request that the license expire on the first day of any month within the one-year licensure period.

AB486-engrossed, s. 58 Section 58. 563.15 (4) of the statutes is created to read:

AB486-engrossed,76,23 563.15 (4) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any license issued under sub. (1).

AB486-engrossed,77,4 (b) 1. Subject to par. (d), the department shall refund 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) for the license.

AB486-engrossed,77,7 2. The department may not disapprove an application for a license solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,77,12 (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,77,14 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,77,17 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,77,19 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,77,21 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,77,24 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. 59 Section 59. 563.92 (5) of the statutes is created to read:

AB486-engrossed,78,3 563.92 (5) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any license issued under sub. (1m).

AB486-engrossed,78,9 (b) 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license under sub. (1m) 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) for the license.

AB486-engrossed,78,12 2. The department may not disapprove an application for a license solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486-engrossed,78,17 (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,78,19 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-engrossed,78,22 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,78,24 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-engrossed,79,2 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,79,5 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. 60 Section 60. 601.04 (3) of the statutes is amended to read:

AB486-engrossed,79,14 601.04 (3) Licensing. The Subject to s. 601.58, the commissioner shall issue to any insurer or plan subject to this section a certificate of authority authorizing it to transact the business of insurance in this state if the commissioner is satisfied that it has met all requirements of law and that its methods and practices and the character and value of its assets will adequately safeguard the interests of its insureds and the public in this state. Each certificate shall be issued for a period of no longer than one year and shall expire on May 1. It may be renewed from year to year.

AB486-engrossed, s. 61 Section 61. 601.58 of the statutes is created to read:

AB486-engrossed,79,18 601.58 Deadlines for action on license applications. (1) Deadlines. The commissioner, by rule, shall establish periods within which the commissioner intends to approve or disapprove an application for any of the following:

AB486-engrossed,79,20 (a) A certificate of authority under s. 601.04 to transact the business of insurance.

AB486-engrossed,79,22 (b) An insurance intermediary license under subch. II of ch. 628, including a temporary license under s. 628.09.

AB486-engrossed,79,23 (c) A viatical settlement provider license under s. 632.68 (2).

AB486-engrossed,79,24 (d) A viatical settlement broker license under s. 632.68 (4).

AB486-engrossed,79,25 (e) A benefit plan administrator license under s. 633.14.

AB486-engrossed,80,7 (2) Failure to meet deadline. (a) Subject to sub. (4), the commissioner shall refund fees paid by the applicant for a certificate of authority or license specified in sub. (1) if the commissioner fails to provide the applicant with written notice, which may be by electronic mail, that the commissioner has approved or disapproved the application for the certificate of authority or license, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the certificate of authority or license.