Amendment ASA2-SB246

LRBs0189/1

RT/RM/AG/MG/JK:kjf&cs:pg

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2003 SENATE BILL 246

October 21, 2003 - Offered by Representatives Richards, Hebl, Turner, Black and Zepnick.

SB246-ASA2,1,7 An Act to amend 84.063 (5), 84.30 (14), 86.196 (2) (c), 218.0114 (13) (b), 218.11 (2) (b) 1., 218.12 (2) (b) 2., 218.22 (2) (b) 1., 218.32 (2) (b) 1., 218.41 (2m) (a) 1., 218.51 (3) (b) 1., 341.19 (4), 343.02 (1) and 343.305 (11); to repeal and recreate 299.05; and to create 29.026, 73.303, 85.16 (3), 93.125, 101.022, 125.04 (3m), 145.025, 168.165 and 224.50 of the statutes; relating to: periods in which state agencies will act on certain applications, refunds of fees, granting rule-making authority, and providing penalties.

Analysis by the Legislative Reference Bureau

This substitute amendment 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).

An agency and an applicant may agree to extend the period for the specified approvals.

Under this substitute amendment, if an agency fails to act within the period established by rule plus any extension, the agency must refund fees paid by an applicant for an approval. In addition, the agency may be required to pay a forfeiture for failing to act by the deadline.

Approvals covered by this substitute amendment include: air pollution permits, well driller registrations, bait dealer licenses, commercial fishing licenses, 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; milk producer, buttermaker, cheesemaker, nursery dealer, pesticide manufacturer, commercial feed manufacturer, food processing plant, and grain dealer licenses and farm-raised deer registrations issued by DATCP; electrician certifications, plumber licenses, building plan approvals, 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; mortgage banker and investment advisor licenses, 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; outdoor advertising permits, motor vehicle dealer licenses, oversize and overweight vehicle permits, approvals relating to maintenance of highway vegetation, and certain types of business and vehicle registrations issued by DOT; and permits related to the sale of cigarettes, tobacco products, and alcohol beverages issued by DOR.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB246-ASA2, s. 1 Section 1. 29.026 of the statutes is created to read:

SB246-ASA2,2,5 29.026 Deadlines for action on certain approval 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 approvals specified in s. 29.024 (2r) 1. to 16.

SB246-ASA2,3,3 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval subject to sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval.

SB246-ASA2,3,9 (b) If the department fails to approve or disapprove an application within the period established under sub. (1) for the application, plus any extension agreed to under sub. (4), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,3,12 (4) Permitted extension of deadline. 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 an approval than that specified under sub. (1).

SB246-ASA2, s. 2 Section 2. 73.303 of the statutes is created to read:

SB246-ASA2,3,15 73.303 Deadlines for action on permit applications. (1) In this section, "department" means the department of revenue.

SB246-ASA2,3,17 (2) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB246-ASA2,3,18 (a) A permit under s. 139.34.

SB246-ASA2,3,19 (b) A cigarette salesperson permit under s. 139.37.

SB246-ASA2,3,20 (c) A tobacco product salesperson permit under s. 139.81.

SB246-ASA2,3,25 (3) Subject to sub. (5), the department shall refund fees paid by the applicant for a permit specified in sub. (2) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the permit.

SB246-ASA2,4,6 (4) If the department fails to approve or disapprove an application within the period established under sub. (2) for the application, plus any extension agreed to under sub. (5), the department may be required to forfeit, for each day after the deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th to the 20th day, and $10,000 for each day after the 20th day to the day on which the department acts on the application.

SB246-ASA2,4,9 (5) During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application for a permit than that specified under sub. (2).

SB246-ASA2, s. 3 Section 3. 84.063 (5) of the statutes is amended to read:

SB246-ASA2,4,12 84.063 (5) Rules. The department shall promulgate rules, including any rule required under s. 85.16 (3), to implement and administer this section.

SB246-ASA2, s. 4 Section 4. 84.30 (14) of the statutes is amended to read:

SB246-ASA2,4,21 84.30 (14) Department rules. The department may promulgate rules deemed necessary to implement and enforce this section. The department shall promulgate rules to restrict the erection and maintenance of signs as to their lighting, size, number and spacing when such signs are visible from the highway but outside the adjacent area. The department shall by rule establish a priority system for the removal or relocation of all signs not specified in sub. (5) (d) which fail to conform to the requirements of sub. (5). The department's rules shall include any rule required under s. 85.16 (3).

SB246-ASA2, s. 5 Section 5. 85.16 (3) of the statutes is created to read:

SB246-ASA2,4,24 85.16 (3) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB246-ASA2,4,25 1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).

SB246-ASA2,5,2 2. An approval or permit related to a controlled-access highway under s. 84.25 (4) or (7).

SB246-ASA2,5,4 3. An approval of a franchise or permit granted by a municipality as specified in s. 84.08.

SB246-ASA2,5,5 4. An outdoor advertising business license under s. 84.30 (10).

SB246-ASA2,5,6 5. An outdoor advertising sign permit under s. 84.30 (10m).

SB246-ASA2,5,7 6. An approval related to highway vegetation under s. 86.03 (3).

SB246-ASA2,5,9 7. A permit related to excavating, filling, altering, or disturbing a highway or bridge under s. 86.07 (2).

SB246-ASA2,5,11 8. A permit for the erection and maintenance of a specific information sign under s. 86.195 (2) (a) or a business sign under s. 86.195 (2) (b).

SB246-ASA2,5,13 9. A permit for the erection and maintenance of a tourist-oriented directional sign under s. 86.196 (2).

SB246-ASA2,5,14 10. An unairworthy aircraft certificate under s. 114.20 (5).

SB246-ASA2,5,15 11. A recreational vehicle dealer's license under s. 218.11.

SB246-ASA2,5,16 12. A recreational vehicle salesperson's license under s. 218.12.

SB246-ASA2,5,17 13. A motor vehicle salvage dealer's license under s. 218.22.

SB246-ASA2,5,18 14. A motor vehicle auction dealer's license under s. 218.32.

SB246-ASA2,5,19 15. A moped dealer's license under s. 218.41.

SB246-ASA2,5,20 16. A buyer identification card under s. 218.51.

SB246-ASA2,5,22 17. An approval related to quarterly or consecutive monthly registration under s. 341.185 or 341.19.