Amendment ASA1-SB246

SB246-ASA1,56,3 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license, certification, permit, or approval.

SB246-ASA1,56,6 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

SB246-ASA1, s. 30 Section 30. 168.165 of the statutes is created to read:

SB246-ASA1,56,11 168.165 Automatic approval of certain applications. Any form or other writing that is submitted to the department under this chapter for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions is subject to s. 101.023.

SB246-ASA1, s. 31 Section 31. 196.195 (5m) of the statutes is created to read:

SB246-ASA1,56,17 196.195 (5m) Time limitation on commission action. (a) The commission shall promulgate rules establishing a deadline for completing proceedings under subs. (2), (3), and (4), and for issuing orders under sub. (5). Upon receiving a petition under sub. (2) (a), or upon providing notice of its own motion under sub. (2) (a), the commission shall inform the interested persons of the deadline.

SB246-ASA1,56,25 (b) If a petition is filed under sub. (2) (a), the commission shall, except as provided in par. (d), no later than the deadline specified in the rules promulgated under par. (a), complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). Except as provided in par. (d), if the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the petition is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the petition are considered to be suspended by the commission.

SB246-ASA1,57,8 (c) If the commission provides notice of its own motion under sub. (2) (a), the commission shall, no later than the deadline specified in the rules promulgated under par. (a), complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the motion is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the motion are considered to be suspended by the commission.

SB246-ASA1,57,13 (d) The commission may extend a deadline specified in the rules promulgated under par. (a) if a petition that the commission receives is incomplete and if, within 30 days after receiving the petition, the commission provides written notice to the petitioner that describes specifically the information that must be provided to complete the petition.

SB246-ASA1, s. 32 Section 32. 196.195 (10) of the statutes is amended to read:

SB246-ASA1,57,18 196.195 (10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5). This subsection does not apply to any provision of law that is considered to be suspended under sub. (5m).

SB246-ASA1, s. 33 Section 33. 218.0114 (13) (b) of the statutes is amended to read:

SB246-ASA1,57,22 218.0114 (13) (b) The department of transportation shall promulgate rules establishing the license period for each type of license described in sub. (14) (a) to (f) and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 34 Section 34. 218.11 (2) (b) 1. of the statutes is amended to read:

SB246-ASA1,58,3 218.11 (2) (b) 1. The department shall promulgate rules establishing the license period under this section and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 35 Section 35. 218.12 (2) (b) 2. of the statutes is amended to read:

SB246-ASA1,58,7 218.12 (2) (b) 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 36 Section 36. 218.22 (2) (b) 1. of the statutes is amended to read:

SB246-ASA1,58,10 218.22 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 37 Section 37. 218.32 (2) (b) 1. of the statutes is amended to read:

SB246-ASA1,58,13 218.32 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 38 Section 38. 218.41 (2m) (a) 1. of the statutes is amended to read:

SB246-ASA1,58,16 218.41 (2m) (a) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 39 Section 39. 218.51 (3) (b) 1. of the statutes is amended to read:

SB246-ASA1,58,19 218.51 (3) (b) 1. The department shall promulgate rules establishing the buyer identification card period and shall promulgate any rule required under s. 85.16 (3).

SB246-ASA1, s. 40 Section 40. 224.50 of the statutes is created to read:

SB246-ASA1,58,23 224.50 Deadlines for action on certain applications. (1) Definition. In this section, "department" means the department of financial institutions and any subunit of the department of financial institutions.

SB246-ASA1,59,3 (2) Deadlines. (a) The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove an application for any of the following:

SB246-ASA1,59,4 1. A lender license under s. 138.09 (1m) (a).

SB246-ASA1,59,5 2. An insurance premium finance company license under s. 138.12 (3).

SB246-ASA1,59,6 3. A seller of checks license under s. 217.03.

SB246-ASA1,59,7 4. An adjustment service company license under s. 218.02.

SB246-ASA1,59,8 5. A collection agency license under s. 218.04.

SB246-ASA1,59,9 6. A community currency exchange license under s. 218.05.

SB246-ASA1,59,11 7. A mortgage banker, loan originator, or mortgage broker registration under s. 224.72.

SB246-ASA1,59,12 8. A nondepository small business lender license under s. 224.92.

SB246-ASA1,59,14 9. A broker-dealer, agent, investment adviser, or investment adviser representative license under s. 551.32.

SB246-ASA1,59,16 (b) Any period established under par. (a) shall be consistent with any applicable period specified by statute.

SB246-ASA1,59,22 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by the applicant for a license or registration specified in sub. (2) 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, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the license or other approval.

SB246-ASA1,60,5 (am) Subject to sub. (5), if the department fails to provide the applicant for a license or registration specified in sub. (2) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the license or registration, 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. (2).

SB246-ASA1,60,8 (b) The department may not disapprove an application for a license or registration specified in sub. (2) solely because the department is unable to complete its review of the application within the period established under sub. (2).

SB246-ASA1,60,14 (4) Notice of deadline. In the rules under sub. (2), the department shall specify a method for informing applicants of the periods established under sub. (2). 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.

SB246-ASA1,60,17 (5) Permitted extension of deadline. The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB246-ASA1,60,20 (a) 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.

SB246-ASA1,60,22 (b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

SB246-ASA1,60,25 (c) The information under par. (a) 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-ASA1,61,3 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

SB246-ASA1, s. 41 Section 41. 224.60 of the statutes is created to read:

SB246-ASA1,61,6 224.60 Automatic approval of certain applications. (1) Definitions. In this section:

SB246-ASA1,61,11 (a) "Application" means any form or other writing that is submitted to the department for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions, except that "application" does not include any application for a license or registration described in s. 224.50 (2) (a) 1. to 9.

SB246-ASA1,61,13 (b) "Department" means the department of financial institutions and any subunit of the department of financial institutions.

SB246-ASA1,61,17 (2) Deadlines. The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove an application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

SB246-ASA1,62,6 (3) Failure to meet deadline. (a) Subject to subs. (5) (b) and (c) and (6), failure by the department to provide an applicant with written notice, which may be by electronic mail, that the department has approved or disapproved the application, including specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) applicable to the application constitutes approval of the application by the department. An application approved under this paragraph is subject to any terms or conditions specified by law for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. The department may not make the approval subject to any term or condition that is not specified by statute or rule. Within 30 days after an application is approved under this paragraph, the department shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to the approval.

SB246-ASA1,62,9 (b) The department may not disapprove an application solely because the department is unable to complete its review of the application within the period established under sub. (2).

SB246-ASA1,62,15 (4) Notice of deadline. In the rules under sub. (2), the department shall specify a method for informing applicants of the periods established under sub. (2). 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.

SB246-ASA1,62,17 (5) Optional provisions of rules. The department may include any of the following in the rules required under sub. (2):

SB246-ASA1,62,19 (a) Methods for determining the commencement of the period established under sub. (2) and for determining when an application is complete.

SB246-ASA1,62,23 (b) Extensions of the period established under sub. (2) 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.

SB246-ASA1,63,4 (c) Extensions of the period established under sub. (2) because information needed by the department to complete its review of an application 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.

SB246-ASA1,63,6 (d) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246-ASA1,63,9 (6) Extensions authorized. (a) During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (2).

SB246-ASA1,63,11 (b) The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB246-ASA1,63,14 1. Within 15 days after receiving the application, the department provides notice to the applicant describing specifically the information that must be provided to complete the application.

SB246-ASA1,63,16 2. The information under subd. 1. is directly related to eligibility for approval of the application or to terms or conditions of the approval.

SB246-ASA1,63,18 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 approval.

SB246-ASA1,63,21 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-ASA1,64,4 (d) The department may extend the period established under sub. (2) for an application by not more than 30 days if, within the period established under sub. (2), 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. (2) 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.

SB246-ASA1, s. 42 Section 42. 250.043 of the statutes is created to read:

SB246-ASA1,64,8 250.043 Deadlines for action on 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-ASA1,64,9 (a) A registration for a sanitarian under s. 250.05 (5).

SB246-ASA1,64,10 (b) Certification for a public health dispensary under s. 252.10 (1).

SB246-ASA1,64,12 (c) Approval for the sale of tests or test kits to detect the presence of HIV, an antigen or nonantigenic products of HIV, or an antibody to HIV under s. 252.15 (5r).

SB246-ASA1,64,13 (d) A license for a tattooist or a tattoo establishment under s. 252.23 (2).

SB246-ASA1,64,15 (e) A license for a body piercer or a body-piercing establishment under s. 252.24 (2).

SB246-ASA1,64,17 (f) Certification for performance or supervision of lead hazard reduction or a lead management activity under rules promulgated under s. 254.176 (3).

SB246-ASA1,64,19 (g) Approval of an instructor of a lead training course under rules promulgated under s. 254.178 (2).

SB246-ASA1,64,21 (h) Accreditation of a lead training course under rules promulgated under s. 254.178 (2).

SB246-ASA1,64,23 (i) A certificate of lead-free status or a certificate of lead-safe status under rules promulgated under s. 254.179 (1) (a).

SB246-ASA1,64,25 (j) Certification for performance of asbestos abatement activity or asbestos management activity under rules promulgated under s. 254.20 (3).

SB246-ASA1,65,2 (k) Renewal of a certification for performance of asbestos abatement activity or asbestos management activity under s. 254.20 (4).

SB246-ASA1,65,4 (L) Registration and licensing of a source of ionizing radiation under rules promulgated under s. 254.34 (1) (a).

SB246-ASA1,65,6 (m) Approval of plans and specifications for radiation sources under s. 254.34 (1) (g).

SB246-ASA1,65,8 (n) A registration of a site with an ionizing radiation installation under s. 254.35 (1).

SB246-ASA1,65,9 (p) A license for radioactive material under s. 254.365 (1).

SB246-ASA1,65,11 (q) A permit to operate a campground, camping resort, recreational or educational camp, or public swimming pool under s. 254.47 (1) or (2m).

SB246-ASA1,65,13 (r) A certification for a food sanitarian under rules promulgated under s. 254.62 (2).

SB246-ASA1,65,16 (s) A permit to conduct, maintain, manage, or operate a hotel, restaurant, temporary restaurant, tourist rooming house, vending machine commissary, or vending machine under s. 254.64 (1) (a).

SB246-ASA1,65,18 (t) A permit to maintain, manage, or operate a bed and breakfast establishment under s. 254.64 (1) (b).

SB246-ASA1,65,19 (u) A certificate for food protection practices under s. 254.71 (2).