SB246: Bill Text

SB246,11,2 (i) During the period established under par. (a) for a license, permit, or other approval specified in par. (a) 6. or 17. to 20., the department and the applicant may jointly agree to a different period for acting on an application for a license, permit, or other approval than that specified under par. (a). 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.

SB246,11,11 (j) The department may extend the period established under par. (a) for a license, permit, or other approval specified in par. (a) 6. or 17. to 20. by not more than 30 days if, within the period established under par. (a), 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 par. (a) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 6 Section 6. 86.196 (2) (c) of the statutes is amended to read:

SB246,11,15 86.196 (2) (c) Provisions for fees to cover costs of sign manufacture, erection and maintenance to be collected through a permit system and deadlines for acting on permit applications as required under s. 85.16 (3).

SB246, s. 7 Section 7. 93.125 of the statutes is created to read:

SB246,11,19 93.125 Deadlines for action on occupational 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:

SB246,11,20 (a) A food inspector license under s. 93.11.

SB246,11,21 (b) A professional weather modification license under s. 93.35 (4).

SB246,11,22 (c) An individual commercial pesticide applicator license under s. 94.704.

SB246,11,23 (d) A pesticide applicator certification under s. 94.705.

SB246,11,24 (f) A buttermaker or cheesemaker license under s. 97.17.

SB246,11,25 (g) A butter grader or cheese grader license under s. 97.175.

SB246,12,1 (h) A milk producer license under s. 97.22 (2).

SB246,12,2 (i) A grade A dairy farm permit under s. 97.22 (3).

SB246,12,3 (j) A milk and cream tester license under s. 98.145.

SB246,12,4 (k) A milk weigher and sampler license under s. 98.146.

SB246,12,10 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other approval specified in sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license or other approval.

SB246,12,17 (b) Subject to sub. (4), if the department fails to provide the applicant for a license or other approval specified in sub. (1) with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (1) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (1).

SB246,12,20 (c) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,12,23 (3) Notice of deadline. Upon receiving an application for a license or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license or other approval.

SB246,13,3 (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:

SB246,13,6 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB246,13,8 2. The information under subd. 1. is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

SB246,13,11 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 other approval.

SB246,13,14 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.

SB246, s. 8 Section 8. 93.13 of the statutes is created to read:

SB246,13,18 93.13 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:

SB246,13,19 (a) A weather modification permit under s. 93.35 (6).

SB246,13,20 (am) A nursery dealer license under s. 94.10 (2).

SB246,13,21 (b) A nursery grower license under s. 94.10 (3).

SB246,13,22 (c) A Christmas tree grower license under s. 94.10 (3g).

SB246,13,23 (cm) A seed labeler's license under s. 94.43.

SB246,13,24 (d) A ginseng grower or dealer registration under s. 94.50 (2).

SB246,13,25 (e) A fertilizer manufacturer or distributor license under s. 94.64 (3).

SB246,14,1 (em) A nonagricultural or special-use fertilizer permit under s. 94.64 (3m).

SB246,14,3 (f) A soil or plant additive manufacturer or distributor license under s. 94.65 (2).

SB246,14,4 (g) A soil or plant additive permit under s. 94.65 (3).

SB246,14,5 (gm) A license for the sale or distribution of liming material under s. 94.66 (2).

SB246,14,6 (h) A pesticide manufacturer or labeler license under s. 94.68 (1).

SB246,14,7 (i) A restricted-use pesticide dealer or distributor license under s. 94.685.

SB246,14,8 (im) A veterinary clinic pesticide use and repackaging permit under s. 94.702.

SB246,14,9 (j) A commercial pesticide application business license under s. 94.703.

SB246,14,10 (k) A commercial feed manufacturer or distributor license under s. 94.72 (5).

SB246,14,11 (km) A farm-raised deer registration under s. 95.55.

SB246,14,12 (L) A fish farm registration under s. 95.60 (3m).

SB246,14,13 (m) An animal market license under s. 95.68 (2).

SB246,14,14 (mm) An animal dealer license under s. 95.69 (2).

SB246,14,15 (n) An animal trucker license under s. 95.71 (2).

SB246,14,16 (p) A license for collecting or processing dead animals under s. 95.72 (2).

SB246,14,17 (pm) A license for transporting dead animals under s. 95.72 (7).

SB246,14,18 (q) A dairy plant license under s. 97.20 (2).

SB246,14,19 (r) A bulk milk tanker license under s. 97.21 (2).

SB246,14,20 (rm) A milk distributor license under s. 97.21 (3).

SB246,14,21 (s) A food warehouse license under s. 97.27 (2).

SB246,14,22 (t) A food processing plant license under s. 97.29 (2).

SB246,14,23 (tm) A retail food establishment license under s. 97.30 (2).

SB246,15,3 (u) A meat or poultry commercial slaughtering or processing license or a meat or poultry custom slaughtering or processing registration certificate under s. 97.42 (2).

SB246,15,4 (v) A vehicle scale license under s. 98.16.

SB246,15,5 (vm) A weights and measures servicing license under s. 98.18 (1) (a).

SB246,15,6 (w) A liquid petroleum gas meter registration under s. 98.245 (7).

SB246,15,7 (wm) A public warehouse keeper license under s. 99.02 (1).

SB246,15,9 (x) A mobile air conditioner servicing registration certificate under s. 100.45 (5) (c).

SB246,15,10 (xm) A grain dealer license under s. 126.11.

SB246,15,11 (y) A grain warehouse keeper license under s. 126.26.

SB246,15,12 (ym) A milk contractor license under s. 126.41.

SB246,15,13 (z) A vegetable contractor license under s. 126.56.

SB246,16,5 (2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the department to provide the applicant for a license, permit, or other approval specified in sub. (1) with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, permit, or other approval, constitutes approval of the application. A license, permit, or other approval approved under this paragraph is subject to any terms or conditions specified by statute or rule for the license, permit, or other approval and the department may suspend, limit, revoke, or withdraw the license, permit, or other approval 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 license, permit, or other approval, the department shall provide the applicant with a statement showing that the license, permit, or other approval is approved and specifying any terms and conditions that apply to that license, permit, or other approval.

SB246,16,8 (b) The department may not disapprove an application for a license, permit, or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,16,11 (3) Notice of deadline. Upon receiving an application for a license, permit, or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license, permit, or other approval.

SB246,16,13 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

SB246,16,16 (a) A longer period under sub. (1) for an application for a license, permit, or other approval for which an environmental impact statement is required under s. 1.11 than for other applications.

SB246,16,20 (b) 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.

SB246,16,22 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,17,2 (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 license, permit, or other approval than that specified under sub. (1). The department may not require an applicant to agree to a different period as a condition of approving an application.

SB246,17,4 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

SB246,17,7 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB246,17,10 2. The information under subd. 1. is directly related to eligibility for the license, permit, or other approval or to terms or conditions of the license, permit, or other approval.

SB246,17,13 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 license, permit, or other approval.

SB246,17,16 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.

SB246,17,24 (c) 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, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 9 Section 9. 101.022 of the statutes is created to read:

SB246,18,2 101.022 Deadlines for action on certain applications. (1) Definitions. In this section, "license or building plan application" means any of the following:

SB246,18,8 (a) An application for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

SB246,18,10 (b) Forms, plans, and other information submitted to the department under s. 101.12 or 145.26.

SB246,18,14 (2) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove any license or building plan application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

SB246,18,20 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by a person submitting a license or building plan application if the department fails to provide the person with written notice that the department has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the license or building plan application.

SB246,19,3 (b) Subject to sub. (5), if the department fails to provide a person submitting a license or building plan application with written notice that the department has approved or disapproved the license or building plan application before the expiration of the period established under sub. (2) for the license or building plan application, the applicant may choose to proceed under ch. 227 as though the department had disapproved the license or building plan application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2).

SB246,19,6 (c) The department may not disapprove a license or building plan application solely because the department is unable to complete its review of the application within the period established under sub. (2).

SB246,19,9 (4) Notice of deadline. Upon receiving a license or building plan application, the department shall inform the applicant of the period established under sub. (2) for the license or building plan application.