LRB-1899/2
ALL:kjf:jf
2003 - 2004 LEGISLATURE
August 26, 2003 - Introduced by Representatives Montgomery, Suder, Nischke,
Musser, Ladwig, Seratti, McCormick, Olsen, F. Lasee, Owens, Ainsworth,
Hines, Jensen, Petrowski, Bies, Weber, Kestell and J. Fitzgerald,
cosponsored by Senators Stepp, Schultz, Roessler, Harsdorf and A. Lasee.
Referred to Committee on Government Operations and Spending
Limitations.
AB486,2,2
1An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 115.28 (7) (a), 218.0114
2(13) (b), 218.11 (2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2) (b) 1., 218.41
3(2m) (a) 1., 218.51 (3) (b) 1., 341.19 (4), 343.02 (1), 343.305 (6) (a), 343.305 (11),
4440.06, 452.10 (2) (b), 563.15 (1), 601.04 (3), 632.68 (2) (b) (intro.), 632.68 (4) (b),
5633.14 (1) (intro.) and 633.14 (2) (intro.);
to repeal and recreate 118.19 (2),
6299.05 and 440.03 (1m); and
to create 5.059, 13.48 (36), 13.63 (3), 16.07, 16.61
7(14), 16.83 (5), 22.21, 29.026, 45.54 (11), 46.284 (3m), 48.66 (2r), 49.481, 50.02
8(4m), 51.031, 73.303, 85.16 (3), 93.125, 93.13, 101.022, 101.023, 102.17 (1) (cj),
9103.275 (2m), 103.91 (2m), 103.92 (2m), 104.07 (4m), 105.06 (1r), 108.14 (20),
10125.04 (3m), 145.025, 146.525, 168.165, 224.50, 224.60, 250.043, 299.06, 562.05
11(12), 563.15 (4), 563.92 (5), 601.58 and 628.093 of the statutes;
relating to:
1periods in which state agencies will act on certain applications, approval of
2certain applications, refunds of fees, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
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; the Building Commission; the Public Records Board; the Educational
Approval Board; and the State Capitol and Executive Residence 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 30 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 60 days
if the agency provides written notification of the extension before the period expires,
except that this provision does not apply to permits and other determinations related
to structures and deposits in navigable waters and similar matters. An agency may
extend the period by more than 60 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 public health or safety or the environment 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 and air 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; certain approvals related to unemployment
insurance issued by DWD; 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 30 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.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB486, s. 1
1Section
1. 5.059 of the statutes is created to read:
AB486,4,4
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:
AB486,4,55
(a) Approval of ballots, devices, and voting equipment under s. 5.91.
AB486,4,66
(b) Certification of chief inspectors under s. 7.31.
AB486,4,18
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 that the board has approved or disapproved the application, including the
10specific facts upon which any disapproval is based, before the expiration of the period
11established under sub. (1) for the approval, constitutes approval of the application.
12An application approved under this paragraph is subject to any terms or conditions
13specified by statute or rule for the approval and the board may suspend, limit,
14revoke, or withdraw the approval for substantial failure to comply with those terms
15or conditions. Within 30 days after the expiration of the period established under
16sub. (1) for the approval, the board shall provide the applicant with a statement
17showing that the application is approved and specifying any terms and conditions
18that apply to that approval.
AB486,4,2119
(b) The board may not disapprove an application for an approval solely because
20the board is unable to complete its review of the application within the period
21established under sub. (1).
AB486,5,3
1(3) Notice of deadline. Upon receiving an application for an approval specified
2in sub. (1), the board shall inform the applicant of the period established under sub.
3(1) for the approval.
AB486,5,5
4(4) Optional provisions of rules. The board may include any of the following
5in the rules required under sub. (1):
AB486,5,76
(a) Methods for determining the commencement of the period established
7under sub. (1) and for determining when the application for an approval is complete.
AB486,5,108
(b) A longer period under sub. (1) for an application for an approval for which
9an environmental impact statement is required under s. 1.11 than for other
10applications.
AB486,5,1311
(c) Extensions of the period established under sub. (1) because the applicant
12makes a material modification to the application if the board notifies the applicant
13in writing of the extension within 30 days after the applicant makes the modification.
AB486,5,1814
(d) Extensions of the period established under sub. (1) because information
15needed by the board to complete its review of an application for an approval is
16unknown or cannot be determined with certainty when the board receives the
17application if the board notifies the applicant in writing of the need for an extension
18within 30 days after the applicant submits the application.
AB486,5,2019
(e) Deadlines for the board to complete intermediate steps in the process of
20completing its review of an application.
AB486,5,23
21(5) Extensions authorized. (a) During the period established under sub. (1),
22the board and the applicant may jointly agree to a different period for acting on an
23application than that specified under sub. (1).
AB486,6,224
(b) The board may extend the period established under sub. (1) because an
25application is incomplete if, within 30 days after receiving the application, the board
1provides written notice to the applicant describing specifically the information that
2must be provided to complete the application.
AB486,6,53
(c) The board may extend the period established under sub. (1) for an
4application by not more than 60 days if the board provides written notice of the
5extension to the applicant within the period established under sub. (1).
AB486,6,136
(d) The board may extend the period established under sub. (1) for an
7application by more than 60 days if, within the period established under sub. (1), the
8board finds that there is a substantial likelihood that the activity proposed to be
9conducted under the application would result in substantial harm to public health
10or safety or the environment and that the board cannot adequately review the
11application within the period established under sub. (1) and provides written notice
12to the applicant that states with particularity the facts on which those findings are
13based.
AB486, s. 2
14Section
2. 13.48 (36) of the statutes is created to read:
AB486,6,1715
13.48
(36) Automatic approval of certain applications. (a)
Deadlines. The
16building commission, by rule, shall establish periods within which the building
17commission intends to approve or disapprove an application for any of the following:
AB486,6,1918
1. Approval of proposed University of Wisconsin System building projects
19under s. 13.48 (2) (b) 1m.
AB486,6,2020
2. Approval of proposed state building projects under s. 13.48 (10).
AB486,6,2221
3. Authorization for privately owned facilities to be constructed on state-owned
22land under s. 13.48 (12) (a).
AB486,6,2423
4. Approval of the sale or lease of University of Wisconsin System residence
24halls under s. 13.48 (20).
AB486,6,2525
5. Approval of assessments against state property under s. 66.0703 (6).
AB486,7,13
1(b)
Failure to meet deadline. 1. Subject to pars. (d) 3. and 4. and (e), failure by
2the building commission to provide the applicant for an approval specified in par. (a)
3with written notice that the building commission has approved or disapproved the
4application, including the specific facts upon which any disapproval is based, before
5the expiration of the period established under par. (a) for the approval, constitutes
6approval of the application. An application approved under this subdivision is
7subject to any terms or conditions specified by statute or rule for the approval and
8the building commission may suspend, limit, revoke, or withdraw the approval for
9substantial failure to comply with those terms or conditions. Within 30 days after
10the expiration of the period established under par. (a) for the approval, the building
11commission shall provide the applicant with a statement showing that the
12application is approved and specifying any terms and conditions that apply to that
13approval.
AB486,7,1614
2. The building commission may not disapprove an application for an approval
15solely because the building commission is unable to complete its review of the
16application within the period established under par. (a).
AB486,7,1917
(c)
Notice of deadline. Upon receiving an application for an approval specified
18in par. (a), the building commission shall inform the applicant of the period
19established under par. (a) for the approval.
AB486,7,2120
(d)
Optional provisions of rules. The building commission may include any of
21the following in the rules required under par. (a):
AB486,7,2322
1. Methods for determining the commencement of the period established under
23par. (a) and for determining when the application for an approval is complete.
AB486,8,3
12. A longer period under par. (a) for an application for an approval for which
2an environmental impact statement is required under s. 1.11 than for other
3applications.
AB486,8,74
3. Extensions of the period established under par. (a) because the applicant
5makes a material modification to the application if the building commission notifies
6the applicant in writing of the extension within 30 days after the applicant makes
7the modification.
AB486,8,138
4. Extensions of the period established under par. (a) because information
9needed by the building commission to complete its review of an application for an
10approval is unknown or cannot be determined with certainty when the building
11commission receives the application if the building commission notifies the applicant
12in writing of the need for an extension within 30 days after the applicant submits the
13application.
AB486,8,1514
5. Deadlines for the building commission to complete intermediate steps in the
15process of completing its review of an application.
AB486,8,1816
(e)
Extensions authorized. 1. During the period established under par. (a), the
17building commission and the applicant may jointly agree to a different period for
18acting on an application than that specified under par. (a).
AB486,8,2319
2. The building commission may extend the period established under par. (a)
20because an application is incomplete if, within 30 days after receiving the
21application, the building commission provides written notice to the applicant
22describing specifically the information that must be provided to complete the
23application.
AB486,9,224
3. The building commission may extend the period established under par. (a)
25for an application by not more than 60 days if the building commission provides
1written notice of the extension to the applicant within the period established under
2par. (a).
AB486,9,103
4. The building commission may extend the period established under par. (a)
4for an application by more than 60 days if, within the period established under par.
5(a), the building commission finds that there is a substantial likelihood that the
6activity proposed to be conducted under the application would result in substantial
7harm to public health or safety or the environment and that the building commission
8cannot adequately review the application within the period established under par.
9(a) and provides written notice to the applicant that states with particularity the
10facts on which those findings are based.
AB486, s. 3
11Section
3. 13.63 (3) of the statutes is created to read: