LRB-3166/1
RT/RM/AG/MG/JK:kjf:jf
2003 - 2004 LEGISLATURE
September 12, 2003 - Introduced by Senators Stepp, Harsdorf, Kanavas, Leibham,
Kedzie, Risser, Darling, Zien, Brown, Reynolds and Lazich, cosponsored by
Representatives Montgomery, Jensen, Ladwig, McCormick, Nischke,
Gunderson, Suder, Kaufert, Huebsch, Hundertmark, J. Wood, Grothman, M.
Williams, Albers, Ainsworth, Olsen, Owens, Hahn and Musser. Referred to
Select Committee on Job Creation.
SB246,1,8
1An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 218.0114 (13) (b), 218.11
2(2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2) (b) 1., 218.41 (2m) (a) 1.,
3218.51 (3) (b) 1., 281.36 (2) (b), 341.19 (4), 343.02 (1) and 343.305 (11);
to repeal
4and recreate 299.05; and
to create 29.026, 73.303, 85.16 (3), 93.125, 93.13,
5101.022, 101.023, 125.04 (3m), 145.025, 168.165, 224.50, 224.60 and 299.06 of
6the statutes;
relating to: periods in which state agencies will act on certain
7applications, approval of certain applications, refunds of fees, and granting
8rule-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 Commerce; the Department of Financial Institutions (DFI); the
Department of Transportation (DOT); and the Department of Revenue (DOR).
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 14 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 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.
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; and approvals by DOT relating to
maintenance of highway vegetation and certain types of business and vehicle
registration.
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. Also, an applicant may choose to
treat the application as though it had been denied and obtain administrative and,
if necessary, judicial review of the denial. 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 14 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: air pollution permits, well
driller registrations, bait dealer licenses, and commercial fishing licenses issued by
DNR; milk producer, buttermaker, and cheesemaker licenses issued by DATCP;
electrician certifications, plumber licenses, and building plan approvals issued by
the Department of Commerce; 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; and permits related to the
sale of cigarettes, tobacco products, and alcohol beverages issued by DOR.
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:
SB246, s. 1
1Section
1. 29.026 of the statutes is created to read:
SB246,3,5
229.026 Deadlines for action on certain approval applications. (1) 3Deadlines. The department, by rule, shall establish periods within which the
4department intends to approve or disapprove an application for any of the approvals
5specified in s. 29.024 (2r) 1. to 16.
SB246,3,11
6(2) Failure to meet deadline. (a) Subject to sub. (4), the department shall
7refund fees paid by the applicant for an approval subject to sub. (1) if the department
8fails to provide the applicant with written notice that the department has approved
9or disapproved the application for the approval, including the specific facts upon
10which any disapproval is based, before the expiration of the period established under
11sub. (1) for the approval.
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(b) Subject to sub. (4), if the department fails to provide the applicant for an
13approval subject to sub. (1) with written notice that the department has approved or
14disapproved the application before the expiration of the period established under
15sub. (1) for the approval, the applicant may choose to proceed under ch. 227 as though
16the department had disapproved the application by providing the department with
17written notice of that choice no later than 45 days after the expiration of the period
18established under sub. (1).
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1(c) The department may not disapprove an application for an approval solely
2because the department is unable to complete its review of the application within the
3period established under sub. (1).
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4(3) Notice of deadline. Upon receiving an application for an approval subject
5to sub. (1), the department shall inform the applicant of the period established under
6sub. (1) for the approval.
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7(4) Permitted extension of deadline. The department may extend the period
8established under sub. (1) because an application is incomplete if all of the following
9apply:
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(a) Within 14 days after receiving the application, the department provides
11written notice to the applicant describing specifically the information that must be
12provided to complete the application.
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(b) The information under par. (a) is directly related to eligibility for the
14approval or to terms or conditions of the approval.
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(c) The information under par. (a) is necessary to determine whether to approve
16the application or is necessary to determine the terms or conditions of the approval.
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(d) The extension is not longer than the number of days from the day on which
18the department provides the notice under par. (a) to the day on which the department
19receives the information.
SB246, s. 2
20Section
2. 73.303 of the statutes is created to read:
SB246,4,22
2173.303 Deadlines for action on permit applications. (1) In this section,
22"department" means the department of revenue.
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23(2) The department, by rule, shall establish periods within which the
24department intends to approve or disapprove an application for any of the following:
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(a) A permit under s. 139.34.
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1(b) A cigarette salesperson permit under s. 139.37.
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(c) A tobacco product salesperson permit under s. 139.81.
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3(3) (a) Subject to sub. (5), the department shall refund fees paid by the
4applicant for a permit specified in sub. (2) if the department fails to provide the
5applicant with written notice that the department has approved or disapproved the
6application for the permit, including the specific facts upon which any disapproval
7is based, before the expiration of the period established under sub. (2) for the permit.
SB246,5,148
(b) Subject to sub. (5), if the department fails to provide the applicant for a
9permit specified in sub. (2) with written notice that the department has approved or
10disapproved the application before the expiration of the period established under
11sub. (2) for the permit, the applicant may choose to proceed under ch. 227 as though
12the department had disapproved the application by providing the department with
13written notice of that choice no later than 45 days after the expiration of the period
14established under sub. (2).
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(c) The department may not disapprove an application for a permit solely
16because the department is unable to complete its review of the application within the
17period established under sub. (2).
SB246,5,20
18(4) Upon receiving an application for a permit specified in sub. (2), the
19department shall inform the applicant of the period established under sub. (2) for the
20permit.
SB246,5,22
21(5) The department may extend the period established under sub. (2) because
22an application is incomplete if all of the following apply:
SB246,5,2523
(a) Within 14 days after receiving the application, the department provides
24written notice to the applicant describing specifically the information that must be
25provided to complete the application.
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1(b) The information under par. (a) is directly related to eligibility for the
2approval or to terms or conditions of the permit.
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(c) The information under par. (a) is necessary to determine whether to approve
4the application or is necessary to determine the terms or conditions of the permit.
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(d) The extension is not longer than the number of days from the day on which
6the department provides the notice under par. (a) to the day on which the department
7receives the information.
SB246, s. 3
8Section
3. 84.063 (5) of the statutes is amended to read:
SB246,6,109
84.063
(5) Rules. The department shall promulgate rules
, including any rule
10required under s. 85.16 (3), to implement and administer this section.
SB246, s. 4
11Section
4. 84.30 (14) of the statutes is amended to read:
SB246,6,1912
84.30
(14) Department rules. The department may promulgate rules deemed
13necessary to implement and enforce this section. The department shall promulgate
14rules to restrict the erection and maintenance of signs as to their lighting, size,
15number and spacing when such signs are visible from the highway but outside the
16adjacent area. The department shall by rule establish a priority system for the
17removal or relocation of all signs not specified in sub. (5) (d) which fail to conform to
18the requirements of sub. (5).
The department's rules shall include any rule required
19under s. 85.16 (3).
SB246, s. 5
20Section
5. 85.16 (3) of the statutes is created to read:
SB246,6,2221
85.16
(3) (a) The department, by rule, shall establish periods within which the
22department intends to approve or disapprove an application for any of the following:
SB246,6,2323
1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).
SB246,6,2524
2. An approval or permit related to a controlled-access highway under s. 84.25
25(4) or (7).
SB246,7,2
13. An approval of a franchise or permit granted by a municipality as specified
2in s. 84.08.
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4. An outdoor advertising business license under s. 84.30 (10).
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5. An outdoor advertising sign permit under s. 84.30 (10m).
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6. An approval related to highway vegetation under s. 86.03 (3).
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7. A permit related to excavating, filling, altering, or disturbing a highway or
7bridge under s. 86.07 (2).
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8. A permit for the erection and maintenance of a specific information sign
9under s. 86.195 (2) (a) or a business sign under s. 86.195 (2) (b).
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9. A permit for the erection and maintenance of a tourist-oriented directional
11sign under s. 86.196 (2).
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10. An unairworthy aircraft certificate under s. 114.20 (5).
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11. A recreational vehicle dealer's license under s. 218.11.
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12. A recreational vehicle salesperson's license under s. 218.12.
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13. A motor vehicle salvage dealer's license under s. 218.22.
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14. A motor vehicle auction dealer's license under s. 218.32.
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15. A moped dealer's license under s. 218.41.
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16. A buyer identification card under s. 218.51.
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17. An approval related to quarterly or consecutive monthly registration under
20s. 341.185 or 341.19.