AB486: Bill Text

AB486,22,14 (d) Permitted extension of deadline. The department may extend the period established under par. (a) because an application is incomplete if, within 30 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.

AB486, s. 11 Section 11. 48.66 (2r) of the statutes is created to read:

AB486,22,21 48.66 (2r) (a) The department of health and family services, by rule, shall establish periods within which the department intends to approve or disapprove an application for a license to operate a child welfare agency, group home, shelter care facility, or day care center. The department of corrections, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license to operate a secured child caring institution.

AB486,23,2 (b) 1. Subject to par. (d), the department of health and family services or the department of corrections shall refund all fees paid by the applicant for a license specified in par. (a) if the department that receives the fee fails to provide the applicant with written notice that it has approved or disapproved the application for the license, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license.

AB486,23,6 2. The department of health and family services or the department of corrections may not disapprove an application for a license specified in par. (a) solely because the department reviewing the application is unable to complete its review of the application within the period established under par. (a) for the license.

AB486,23,9 (c) Upon receiving an application for a license specified in par. (a), the department of health and family services or the department of corrections shall inform the applicant of the period established under par. (a) for the license.

AB486,23,14 (d) The department of health and family services or the department of corrections may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department receiving the application provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 12 Section 12. 49.481 of the statutes is created to read:

AB486,23,19 49.481 Deadline for action on certification application. (1) Deadline. The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for certification under s. 49.45 (2) (a) 11.

AB486,23,25 (2) Failure to meet deadline. Subject to sub. (4), the department shall refund fees paid by the applicant for a certification 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 certification, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the certification approval.

AB486,24,3 (3) Notice of deadline. Upon receiving an application for certification specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the certification approval.

AB486,24,8 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if, within 30 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.

AB486, s. 13 Section 13. 50.02 (4m) of the statutes is created to read:

AB486,24,12 50.02 (4m) Deadlines for action on applications. (a) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,24,13 1. A license for an institution for mental diseases under s. 50.03 (1m).

AB486,24,14 2. A license for a nursing home under s. 50.03 (4) (a) 1. a.

AB486,24,16 3. A license for a community-based residential facility under s. 50.03 (4) (a) 1. b.

AB486,24,17 4. A certification for an adult family home under s. 50.032 (1m) (a).

AB486,24,18 5. A license for an adult family home under s. 50.033 (1m) (a).

AB486,24,20 6. A certification for a residential care apartment complex under s. 50.034 (1) (a).

AB486,24,22 7. A registration for a residential care apartment complex under s. 50.034 (1) (b).

AB486,24,23 8. A certificate of approval for a hospital under s. 50.35.

AB486,24,24 9. A license for a home health agency under s. 50.49 (6) (a).

AB486,24,25 10. A provisional license for a home health agency under s. 50.49 (10).

AB486,25,1 11. A license or provisional license for a rural medical center under s. 50.52 (2).

AB486,25,2 12. A license for a hospice under s. 50.92 (2).

AB486,25,3 13. A provisional license for a hospice under s. 50.93 (3).

AB486,25,11 (b) Failure to meet deadlines. 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license, provisional license, certificate of approval, registration, or certification specified in par. (a) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, provisional license, certificate of approval, registration, or certification, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license, provisional license, certificate of approval, registration, or certification.

AB486,25,15 2. The department may not disapprove an application for a license, provisional license, certificate of approval, registration, or certification solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,25,19 (c) Notice of deadline. Upon receiving an application for a license, provisional license, certificate of approval, registration, or certification specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the license, provisional license, certificate of approval, registration, or certification.

AB486,25,24 (d) Permitted extension of deadline. The department may extend the period established under par. (a) because an application is incomplete if, within 30 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.

AB486, s. 14 Section 14. 51.031 of the statutes is created to read:

AB486,26,3 51.031 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:

AB486,26,4 (a) Certification for an outpatient mental health clinic under s. 51.038.

AB486,26,5 (b) Certification for a treatment facility under s. 51.04.

AB486,26,7 (c) Certification of community mental health programs under rules required under s. 51.42 (7) (b) 11.

AB486,26,9 (d) Certification of providers of community support programs under rules required under s. 51.421 (3) (a).

AB486,26,10 (e) Approval for a treatment facility under s. 51.45 (8).

AB486,26,16 (2) Failure to meet deadlines. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a certification or 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 certification or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the certification or approval.

AB486,26,19 (b) The department may not disapprove an application for a certification or approval solely because the department is unable to complete its review of the application within the period established under sub. (1)

AB486,26,22 (3) Notice of deadline. Upon receiving an application for a certification or approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the certification or approval.

AB486,27,2 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if, within 30 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.

AB486, s. 15 Section 15. 73.303 of the statutes is created to read:

AB486,27,5 73.303 Deadlines for action on permit applications. (1) In this section, "department" means the department of revenue.

AB486,27,7 (2) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,27,8 (a) A permit under s. 139.34.

AB486,27,9 (b) A cigarette salesperson permit under s. 139.37.

AB486,27,10 (c) A tobacco product salesperson permit under s. 139.81.

AB486,27,15 (3) (a) 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.

AB486,27,18 (b) The department may not disapprove an application for a permit solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB486,27,21 (4) Upon receiving an application for a permit specified in sub. (2), the department shall inform the applicant of the period established under sub. (2) for the permit.

AB486,27,25 (5) The department may extend the period established under sub. (2) because an application is incomplete if, within 30 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.

AB486, s. 16 Section 16. 84.063 (5) of the statutes is amended to read:

AB486,28,3 84.063 (5) Rules. The department shall promulgate rules, including any rule required under s. 85.16 (3), to implement and administer this section.

AB486, s. 17 Section 17. 84.30 (14) of the statutes is amended to read:

AB486,28,12 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).

AB486, s. 18 Section 18. 85.16 (3) of the statutes is created to read:

AB486,28,15 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:

AB486,28,16 1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).

AB486,28,18 2. An approval or permit related to a controlled-access highway under s. 84.25 (4) or (7).

AB486,28,20 3. An approval of a franchise or permit granted by a municipality as specified in s. 84.08.

AB486,28,21 4. An outdoor advertising business license under s. 84.30 (10).

AB486,28,22 5. An outdoor advertising sign permit under s. 84.30 (10m).

AB486,28,23 6. An approval related to highway vegetation under s. 86.03 (3).

AB486,28,25 7. A permit related to excavating, filling, altering, or disturbing a highway or bridge under s. 86.07 (2).

AB486,29,2 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).

AB486,29,4 9. A permit for the erection and maintenance of a tourist-oriented directional sign under s. 86.196 (2).

AB486,29,5 10. An unairworthy aircraft certificate under s. 114.20 (5).

AB486,29,6 11. A recreational vehicle dealer's license under s. 218.11.

AB486,29,7 12. A recreational vehicle salesperson's license under s. 218.12.

AB486,29,8 13. A motor vehicle salvage dealer's license under s. 218.22.

AB486,29,9 14. A motor vehicle auction dealer's license under s. 218.32.

AB486,29,10 15. A moped dealer's license under s. 218.41.

AB486,29,11 16. A buyer identification card under s. 218.51.

AB486,29,13 17. An approval related to quarterly or consecutive monthly registration under s. 341.185 or 341.19.

AB486,29,15 18. A registration of a dealer, distributor, manufacturer, or transporter under s. 341.51.

AB486,29,17 19. A registration of a finance company or a financial institution under s. 341.57.

AB486,29,18 20. A certificate of title under s. 342.18.

AB486,29,19 21. A permit to perform chemical analysis of the breath under s. 343.305 (6).

AB486,29,20 22. A license to conduct a driver school under s. 343.61.

AB486,29,21 23. A license to act as a driving instructor under s. 343.62.

AB486,29,23 24. A permit related to oversize and overweight vehicles and loads under ss. 348.26 or 348.27.

AB486,30,5 (b) Subject to par. (f), the department shall refund any applicable fee paid by the applicant for any license, permit, or other approval specified in par. (a) 1. to 5., 7. to 16., and 21. to 23. if the department fails to provide the applicant 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 par. (a) for the license, permit, or other approval.

AB486,30,20 (c) Subject to par. (f), failure by the department to provide the applicant for a license, permit, or other approval specified in par. (a) 6. and 17. to 20. 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 par. (a) 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. Within 30 days after the expiration of the period established under par. (a) 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.

AB486,30,23 (d) 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 par. (a).

AB486,31,3 (e) Upon receiving an application for a license, permit, or other approval specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the license, permit, or other approval.

AB486,31,5 (f) The department may include any of the following in the rules required under par. (a):

AB486,31,8 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for a license, permit, or other approval is complete.

AB486,31,12 2. Extensions of the period established under par. (a) 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.