SB246: Bill Text

LRB-3166/1

RT/RM/AG/MG/JK:kjf:jf

2003 - 2004 LEGISLATURE

2003 Senate BILL 246

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 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., 281.36 (2) (b), 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, 93.13, 101.022, 101.023, 125.04 (3m), 145.025, 168.165, 224.50, 224.60 and 299.06 of the statutes; relating to: periods in which state agencies will act on certain applications, approval of certain applications, refunds of fees, and granting rule-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 Section 1. 29.026 of the statutes is created to read:

SB246,3,5 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.

SB246,3,11 (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.

SB246,3,18 (b) Subject to sub. (4), if the department fails to provide the applicant for an approval subject to 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).

SB246,4,3 (c) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,4,6 (3) Notice of deadline. Upon receiving an application for an approval subject to sub. (1), the department shall inform the applicant of the period established under sub. (1) for the approval.

SB246,4,9 (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:

SB246,4,12 (a) 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.

SB246,4,14 (b) The information under par. (a) is directly related to eligibility for the approval or to terms or conditions of the approval.

SB246,4,16 (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 approval.

SB246,4,19 (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, s. 2 Section 2. 73.303 of the statutes is created to read:

SB246,4,22 73.303 Deadlines for action on permit applications. (1) In this section, "department" means the department of revenue.

SB246,4,24 (2) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB246,4,25 (a) A permit under s. 139.34.

SB246,5,1 (b) A cigarette salesperson permit under s. 139.37.

SB246,5,2 (c) A tobacco product salesperson permit under s. 139.81.

SB246,5,7 (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.

SB246,5,14 (b) Subject to sub. (5), if the department fails to provide the applicant for a permit specified in sub. (2) with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the permit, 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).

SB246,5,17 (c) 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).

SB246,5,20 (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.

SB246,5,22 (5) The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB246,5,25 (a) 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.

SB246,6,2 (b) The information under par. (a) is directly related to eligibility for the approval or to terms or conditions of the permit.

SB246,6,4 (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 permit.

SB246,6,7 (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, s. 3 Section 3. 84.063 (5) of the statutes is amended to read:

SB246,6,10 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, s. 4 Section 4. 84.30 (14) of the statutes is amended to read:

SB246,6,19 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).