LRB-3433/1
ALL:kmg:ch
2003 - 2004 LEGISLATURE
October 8, 2003 - Printed by direction of Senate Chief Clerk.
AB486-engrossed,2,2
1An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 115.28 (7) (a), 196.195 (10),
2218.0114 (13) (b), 218.11 (2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2)
3(b) 1., 218.41 (2m) (a) 1., 218.51 (3) (b) 1., 341.19 (4), 343.02 (1), 343.305 (6) (a),
4343.305 (11), 440.06, 452.10 (2) (b), 563.15 (1), 601.04 (3), 632.68 (2) (b) (intro.),
5632.68 (4) (b), 633.14 (1) (intro.) and 633.14 (2) (intro.);
to repeal and recreate
6118.19 (2), 299.05 and 440.03 (1m); and
to create 5.059, 13.63 (3), 13.92 (1) (b)
72m., 16.07, 22.21, 29.026, 45.54 (11), 46.284 (3m), 48.66 (2r), 49.481, 50.02 (4m),
851.031, 73.303, 85.16 (3), 93.125, 93.13, 101.022, 101.023, 103.275 (2m), 103.91
9(2m), 103.92 (2m), 104.07 (4m), 105.06 (1r), 125.04 (3m), 145.025, 146.525,
10168.165, 196.195 (5m), 224.50, 224.60, 250.043, 299.06, 562.05 (12), 563.15 (4),
11563.92 (5), 601.58 and 628.093 of the statutes;
relating to: periods in which
12state agencies will act on certain applications, petitions, and motions, approval
1of certain applications, petitions, and motions, refunds of fees, and granting
2rule-making authority.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2003 Assembly Bill 486 consists of the bill, as passed by
the assembly on October 2, 2003, as affected by the following Assembly Amendments
adopted in the assembly on September 25, 2003: Assembly Amendment 1 (as
affected by the September 25 chief clerk's correction and Assembly Amendment 1 to
Assembly Amendment 1) and Assembly Amendment 2.
Content of Engrossed 2003 Assembly Bill 486:
Deadlines for agency action
This bill 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 Regulation and Licensing (DRL); the Department of Health and
Family Services (DHFS); the Department of Commerce; the Department of
Workforce Development (DWD); the Department of Public Instruction (DPI); the
Department of Financial Institutions (DFI); the Department of Transportation
(DOT); the Department of Administration (DOA); the Department of Revenue
(DOR); the Department of Corrections; the Department of Electronic Government;
the Office of the Commissioner of Insurance (OCI); the Ethics Board; the Elections
Board; and the Educational Approval Board.
Automatic approval upon failure to meet deadlines
Under this bill, there are two possible consequences of failure to act on an
application within the period established by rule. For some kinds of approvals, if an
agency fails to act within the period established by rule or before the end of an
authorized extension of that period, the application is automatically approved. An
agency may extend the period for these approvals on the grounds that an application
was incomplete if the agency provides written notice to the applicant, within 15 days
of receiving the application, describing the information that must be provided to
complete the application. An agency may extend the period by not more than 30 days
if it 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 agency cannot adequately review the application
within the period. The bill also authorizes agencies to promulgate rules providing
for extensions of the period for acting on an application because the applicant makes
a material modification to the application or because information that the agency
needs to complete its review of an application is unavailable.
A license or permit that is automatically approved is subject to any terms or
conditions specified by statute or rule for that kind of license or permit and the
agency may suspend or revoke it for failure to comply with those terms or conditions.
Approvals for which failure to act by a deadline results in automatic approval
include: 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; nursery dealer, pesticide
manufacturer, commercial feed manufacturer, food processing plant, and grain
dealer licenses, and farm-raised deer registrations issued by DATCP; 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; 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; approval of subcontractors for state building
contracts and of state construction contracts by DOA; approval of ballots and voting
devices by the Elections Board; approval of building projects by the Building
Commission; approval of the disposition of public records and of public records
retention schedules by the Public Records Board; and approval of proposed
alterations to the state capitol or executive residence by the State Capitol and
Executive Residence Board.
Fee refunds upon failure to meet deadlines
For the kinds of approvals that are not subject to automatic approval under the
bill, an agency must refund fees paid by an applicant for an approval if the agency
fails to act within the period established by rule. An agency may extend the period
for these approvals on the grounds that an application was incomplete if the agency
provides written notice to the applicant within 15 days of receiving the application
describing the information that must be provided to complete the application.
Approvals for which the consequence of failure to act on an application within
the period established by rule is a refund of fees include: well driller registrations,
bait dealer licenses, and commercial fishing licenses issued by DNR; milk producer,
buttermaker, and cheesemaker licenses issued by DATCP; all of the occupational
credentials issued by DRL and its examining boards and affiliated credentialing
boards; licenses for day care centers, group homes, nursing homes, ambulance
service providers, and emergency medical technicians, certifications for mental
health facilities, and permits for hotels and restaurants issued by DHFS; electrician
certifications, plumber licenses, and building plan approvals issued by the
Department of Commerce; migrant labor camp and contractor certifications and
sheltered workshop and employment agent licenses issued by DWD; teaching
licenses issued by DPI; mortgage banker and investment advisor licenses issued by
DFI; outdoor advertising permits, motor vehicle dealer licenses, and oversize and
overweight vehicle permits issued by DOT; racetrack and bingo licenses issued by
DOA; permits related to the sale of cigarettes, tobacco products, and alcohol
beverages issued by DOR; licenses for secured child caring institutions issued by the
Department of Corrections; certificates of authority to transact the business of
insurance and benefit plan administrator licenses issued by OCI; and lobbyist
licenses issued by the Ethics Board.
Partial deregulation of telecommunications services
Under current law, a person may petition the Public Service Commission (PSC)
to begin proceedings for determining whether to partially deregulate certain
telecommunications services. The petition must specify the provisions of law that
the person requests the PSC to suspend that will result in partial deregulation. The
PSC may also begin such proceedings on its own motion that specifies the provisions
of law that may be suspended. If the PSC makes certain findings regarding
competition for such telecommunications services, the PSC may issue an order
suspending the provisions of law specified in the petition or the PSC's motion.
Current law does not impose any deadlines on such proceedings.
The bill requires the PSC to promulgate rules establishing a deadline for
completing such proceedings. The PSC must inform a person who files a petition
about the deadline. In addition, the PSC may extend the deadline if the petition is
not complete and if, within 30 days after receiving the petition, the PSC provides
written notice to the petitioner that specifically describes the information necessary
to complete the petition. Also, if the PSC begins proceedings on its own motion, the
PSC must inform interested persons about the deadline. If the PSC fails to complete
the proceedings and, if appropriate, issue an order within the deadline, the bill
provides for the suspension of any provisions of law that are specified in the petition
or in the PSC's motion.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB486-engrossed,4,4
25.059 Automatic approval of certain applications. (1) Deadlines. The
3board, by rule, shall establish periods within which the board intends to approve or
4disapprove an application for any of the following:
AB486-engrossed,4,55
(a) Approval of ballots, devices, and voting equipment under s. 5.91.
AB486-engrossed,4,66
(b) Certification of chief inspectors under s. 7.31.
AB486-engrossed,5,10
7(2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure
8by the board to provide the applicant for an approval specified in sub. (1) with written
9notice, which may be by electronic mail, that the board has approved or disapproved
10the application, including the specific facts upon which any disapproval is based,
1before the expiration of the period established under sub. (1) for the approval,
2constitutes approval of the application. An application approved under this
3paragraph is subject to any terms or conditions specified by statute or rule for the
4approval and the board may suspend, limit, revoke, or withdraw the approval for
5substantial failure to comply with those terms or conditions. The board may not
6make the license, permit, or other approval subject to any term or condition that is
7not specified by statute or rule. Within 30 days after the expiration of the period
8established under sub. (1) for the approval, the board shall provide the applicant
9with a statement showing that the application is approved and specifying any terms
10and conditions that apply to that approval.
AB486-engrossed,5,1311
(b) The board may not disapprove an application for an approval solely because
12the board is unable to complete its review of the application within the period
13established under sub. (1).
AB486-engrossed,5,18
14(3) Notice of deadline. In the rules under sub. (1), the board shall specify a
15method for informing applicants of the periods established under sub. (1). The board
16shall specify the method that it determines is the most cost-effective method
17available. The board is not required to notify an applicant if the board intends to
18approve or disapprove the application within 14 days after receiving the application.
AB486-engrossed,5,20
19(4) Optional provisions of rules. The board may include any of the following
20in the rules required under sub. (1):
AB486-engrossed,5,2221
(a) Methods for determining the commencement of the period established
22under sub. (1) and for determining when the application for an approval is complete.
AB486-engrossed,5,2523
(b) A longer period under sub. (1) for an application for an approval for which
24an environmental impact statement is required under s. 1.11 than for other
25applications.
AB486-engrossed,6,4
1(c) Extensions of the period established under sub. (1) because the applicant
2makes a material modification to the application if the board notifies the applicant
3in writing of the extension within 30 days after the applicant makes the modification.
4The notification may be by electronic mail.
AB486-engrossed,6,105
(d) Extensions of the period established under sub. (1) because information
6needed by the board to complete its review of an application for an approval is
7unknown or cannot be determined with certainty when the board receives the
8application if the board notifies the applicant in writing of the need for an extension
9within 30 days after the applicant submits the application. The notification may be
10by electronic mail.
AB486-engrossed,6,1211
(e) Deadlines for the board to complete intermediate steps in the process of
12completing its review of an application.
AB486-engrossed,6,15
13(5) Extensions authorized. (a) During the period established under sub. (1),
14the board and the applicant may jointly agree to a different period for acting on an
15application than that specified under sub. (1).
AB486-engrossed,6,1716
(b) The board may extend the period established under sub. (1) because an
17application is incomplete if all of the following apply:
AB486-engrossed,6,2018
1. Within 15 days after receiving the application, the board provides written
19notice to the applicant, which may be by electronic mail, describing specifically the
20information that must be provided to complete the application.
AB486-engrossed,6,2221
2. The information under subd. 1. is directly related to eligibility for the
22approval or to terms or conditions of the approval.
AB486-engrossed,6,2423
3. The information under subd. 1. is necessary to determine whether to approve
24the application or is necessary to determine the terms or conditions of the approval.
AB486-engrossed,7,3
14. The extension is not longer than the number of days from the day on which
2the board provides the notice under subd. 1. to the day on which the board receives
3the information.
AB486-engrossed,7,114
(d) The board may extend the period established under sub. (1) for an
5application by not more than 30 days if, within the period established under sub. (1),
6the board finds that there is a substantial likelihood that the activity proposed to be
7conducted under the application would result in substantial harm to human health
8or human safety and that the board cannot adequately review the application within
9the period established under sub. (1) and provides written notice, which may be by
10electronic mail, to the applicant that states with particularity the facts on which
11those findings are based.
AB486-engrossed,7,1513
13.63
(3) Deadlines for action on occupational applications. (a)
Deadlines. 14The board, by rule, shall establish periods within which the board intends to approve
15or disapprove an application for granting of licenses to lobbyists under s. 13.63 (1).
AB486-engrossed,7,2116
(b)
Failure to meet deadline. 1. Subject to par. (d), the board shall refund fees
17paid by the applicant for a license specified in par. (a) if the board fails to provide the
18applicant with written notice, which may be by electronic mail, that the board has
19approved or disapproved the application for the license, including the specific facts
20upon which any disapproval is based, before the expiration of the period established
21under par. (a) for the license.
AB486-engrossed,7,2422
2. The board may not disapprove an application for a license solely because the
23board is unable to complete its review of the application within the period established
24under par. (a).
AB486-engrossed,8,5
1(c)
Notice of deadline. In the rules under par. (a), the board shall specify a
2method for informing applicants of the period established under par. (a). The board
3shall specify the method that it determines is the most cost-effective method
4available. The board is not required to notify an applicant if the board intends to
5approve or disapprove the application within 14 days after receiving the application.
AB486-engrossed,8,86
(d)
Permitted extension of deadline. The board may extend the period
7established under par. (a) because an application is incomplete if all of the following
8apply:
AB486-engrossed,8,119
1. Within 15 days after receiving the application, the board provides written
10notice, which may be by electronic mail, to the applicant describing specifically the
11information that must be provided to complete the application.
AB486-engrossed,8,1312
2. The information under subd. 1. is directly related to eligibility for the license
13or to terms or conditions of the license.
AB486-engrossed,8,1514
3. The information under subd. 1. is necessary to determine whether to approve
15the application or is necessary to determine the terms or conditions of the license.
AB486-engrossed,8,1816
4. The extension is not longer than the number of days from the day on which
17the board provides the notice under subd. 1. to the day on which the board receives
18the information.
AB486-engrossed,8,2220
13.92
(1) (b) 2m. Determine whether an original measure requires a person to
21obtain a license, permit, or similar approval from a state agency and, if so, include
22a statement to that effect in the analysis of the measure.
AB486-engrossed,9,3
116.07 Automatic approval of certain applications. (1) Deadlines. The
2department, by rule, shall establish periods within which the department intends to
3approve or disapprove an application for any of the following:
AB486-engrossed,9,54
(a) Approval of subcontractors for state building projects under s. 16.855 (13)
5(b).
AB486-engrossed,9,66
(b) Approval of state construction contracts under s. 16.87 (3).
AB486-engrossed,9,20
7(2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure
8by the department to provide the applicant for an approval specified in sub. (1) with
9written notice, which may be by electronic mail, that the department has approved
10or disapproved the application, including the specific facts upon which any
11disapproval is based, before the expiration of the period established under sub. (1)
12for the approval, constitutes approval of the application. An application approved
13under this paragraph is subject to any terms or conditions specified by statute or rule
14for the approval and the department may suspend, limit, revoke, or withdraw the
15approval for substantial failure to comply with those terms or conditions. The
16department may not make the approval subject to any term or condition that is not
17specified by statute or rule. Within 30 days after the expiration of the period
18established under sub. (1) for the approval, the department shall provide the
19applicant with a statement showing that the application is approved and specifying
20any terms and conditions that apply to that approval.
AB486-engrossed,9,2321
(b) The department may not disapprove an application for an approval solely
22because the department is unable to complete its review of the application within the
23period established under sub. (1).
AB486-engrossed,9,25
24(3) Notice of deadline. In the rules under sub. (1), the department shall
25specify a method for informing applicants of the periods established under sub. (1).
1The department shall specify the method that it determines is the most cost-effective
2method available. The department is not required to notify an applicant if the
3department intends to approve or disapprove the application within 14 days after
4receiving the application.
AB486-engrossed,10,6
5(4) Optional provisions of rules. The department may include any of the
6following in the rules required under sub. (1):
AB486-engrossed,10,87
(a) Methods for determining the commencement of the period established
8under sub. (1) and for determining when the application for an approval is complete.
AB486-engrossed,10,119
(b) A longer period under sub. (1) for an application for an approval for which
10an environmental impact statement is required under s. 1.11 than for other
11applications.
AB486-engrossed,10,1512
(c) Extensions of the period established under sub. (1) because the applicant
13makes a material modification to the application if the department notifies the
14applicant in writing of the extension within 30 days after the applicant makes the
15modification. The notification may be by electronic mail.
AB486-engrossed,10,2116
(d) Extensions of the period established under sub. (1) because information
17needed by the department to complete its review of an application for an approval
18is unknown or cannot be determined with certainty when the department receives
19the application if the department notifies the applicant in writing of the need for an
20extension within 30 days after the applicant submits the application. The
21notification may be by electronic mail.