SB246: Bill Text

SB246,14,7 (i) A restricted-use pesticide dealer or distributor license under s. 94.685.

SB246,14,8 (im) A veterinary clinic pesticide use and repackaging permit under s. 94.702.

SB246,14,9 (j) A commercial pesticide application business license under s. 94.703.

SB246,14,10 (k) A commercial feed manufacturer or distributor license under s. 94.72 (5).

SB246,14,11 (km) A farm-raised deer registration under s. 95.55.

SB246,14,12 (L) A fish farm registration under s. 95.60 (3m).

SB246,14,13 (m) An animal market license under s. 95.68 (2).

SB246,14,14 (mm) An animal dealer license under s. 95.69 (2).

SB246,14,15 (n) An animal trucker license under s. 95.71 (2).

SB246,14,16 (p) A license for collecting or processing dead animals under s. 95.72 (2).

SB246,14,17 (pm) A license for transporting dead animals under s. 95.72 (7).

SB246,14,18 (q) A dairy plant license under s. 97.20 (2).

SB246,14,19 (r) A bulk milk tanker license under s. 97.21 (2).

SB246,14,20 (rm) A milk distributor license under s. 97.21 (3).

SB246,14,21 (s) A food warehouse license under s. 97.27 (2).

SB246,14,22 (t) A food processing plant license under s. 97.29 (2).

SB246,14,23 (tm) A retail food establishment license under s. 97.30 (2).

SB246,15,3 (u) A meat or poultry commercial slaughtering or processing license or a meat or poultry custom slaughtering or processing registration certificate under s. 97.42 (2).

SB246,15,4 (v) A vehicle scale license under s. 98.16.

SB246,15,5 (vm) A weights and measures servicing license under s. 98.18 (1) (a).

SB246,15,6 (w) A liquid petroleum gas meter registration under s. 98.245 (7).

SB246,15,7 (wm) A public warehouse keeper license under s. 99.02 (1).

SB246,15,9 (x) A mobile air conditioner servicing registration certificate under s. 100.45 (5) (c).

SB246,15,10 (xm) A grain dealer license under s. 126.11.

SB246,15,11 (y) A grain warehouse keeper license under s. 126.26.

SB246,15,12 (ym) A milk contractor license under s. 126.41.

SB246,15,13 (z) A vegetable contractor license under s. 126.56.

SB246,16,5 (2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the department to provide the applicant for a license, permit, or other approval specified in sub. (1) 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 sub. (1) 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. The department may not make the license, permit, or other approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1) 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.

SB246,16,8 (b) 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 sub. (1).

SB246,16,11 (3) Notice of deadline. Upon receiving an application for a license, permit, or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license, permit, or other approval.

SB246,16,13 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

SB246,16,16 (a) A longer period under sub. (1) for an application for a license, permit, or other approval for which an environmental impact statement is required under s. 1.11 than for other applications.

SB246,16,20 (b) Extensions of the period established under sub. (1) 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.

SB246,16,22 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,17,2 (5) Extensions authorized. (a) 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 a license, permit, or other approval than that specified under sub. (1). The department may not require an applicant to agree to a different period as a condition of approving an application.

SB246,17,4 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

SB246,17,7 1. 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.

SB246,17,10 2. The information under subd. 1. is directly related to eligibility for the license, permit, or other approval or to terms or conditions of the license, permit, or other approval.

SB246,17,13 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 license, permit, or other approval.

SB246,17,16 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.

SB246,17,24 (c) The department may extend the period established under sub. (1) for an application by not more than 30 days if, within the period established under sub. (1), 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. (1) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 9 Section 9. 101.022 of the statutes is created to read:

SB246,18,2 101.022 Deadlines for action on certain applications. (1) Definitions. In this section, "license or building plan application" means any of the following:

SB246,18,8 (a) An application for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

SB246,18,10 (b) Forms, plans, and other information submitted to the department under s. 101.12 or 145.26.

SB246,18,14 (2) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove any license or building plan application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

SB246,18,20 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by a person submitting a license or building plan application if the department fails to provide the person with written notice 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 building plan application.

SB246,19,3 (b) Subject to sub. (5), if the department fails to provide a person submitting a license or building plan application with written notice that the department has approved or disapproved the license or building plan application before the expiration of the period established under sub. (2) for the license or building plan application, the applicant may choose to proceed under ch. 227 as though the department had disapproved the license or building plan 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).

SB246,19,6 (c) The department may not disapprove a license or building plan application solely because the department is unable to complete its review of the application within the period established under sub. (2).

SB246,19,9 (4) Notice of deadline. Upon receiving a license or building plan application, the department shall inform the applicant of the period established under sub. (2) for the license or building plan application.

SB246,19,12 (5) Permitted extension of deadline. The department may extend the period established under sub. (2) because a license or building plan application is incomplete if all of the following apply:

SB246,19,16 (a) Within 14 days after receiving the license or building plan application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the license or building plan application.

SB246,19,18 (b) The information under par. (a) is directly related to eligibility for approval of the license or building plan application or to terms or conditions of the approval.

SB246,19,21 (c) The information under par. (a) is necessary to determine whether to approve the license or building plan application or is necessary to determine the terms or conditions of the approval.

SB246,19,24 (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. 10 Section 10. 101.023 of the statutes is created to read:

SB246,20,6 101.023 Automatic approval of certain applications. (1) Definitions. In this section, "application" means any form or other writing that is submitted to the department under this chapter or ch. 145 or 168 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 a license or building plan application, as defined under s. 101.022 (1).

SB246,20,10 (2) Deadlines. The department, by rule, shall establish periods within which 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.

SB246,20,23 (3) Failure to meet deadline. (a) Subject to subs. (5) (a) and (b) and (6), failure by the department to provide an applicant with written notice 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.

SB246,21,3 (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).

SB246,21,6 (4) Notice of deadline. Upon receiving an application, the department shall inform the applicant of the period established under sub. (2) applicable to the application.

SB246,21,8 (5) Optional provisions of rules. The department may include any of the following in the rules required under sub. (2):

SB246,21,12 (a) 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.

SB246,21,14 (b) A longer period under sub. (2) for an application for which an environmental impact statement is required under s. 1.11 than for other applications.

SB246,21,16 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,21,20 (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). The department may not require an applicant to agree to a different period as a condition of approving an application.

SB246,21,22 (b) The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB246,21,25 1. 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.

SB246,22,2 2. The information under subd. 1. is directly related to eligibility for approval of the application or to terms or conditions of the approval.

SB246,22,4 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.

SB246,22,7 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.

SB246,22,15 (c) 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, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 11 Section 11. 125.04 (3m) of the statutes is created to read:

SB246,22,20 125.04 (3m) Deadlines for action on permit applications. (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any permit issued by the department under this chapter.

SB246,22,25 (b) Subject to par. (f), the department shall refund any fee paid by the applicant for any permit under this chapter 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 par. (a) for the permit.

SB246,23,7 (c) Subject to par. (f), if the department fails to provide the applicant for a permit under this chapter with written notice that the department has approved or disapproved the application before the expiration of the period established under par. (a) 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 par. (a).

SB246,23,10 (d) The department may not disapprove an application for a permit under this chapter solely because the department is unable to complete its review of the application within the period established under par. (a).

SB246,23,13 (e) Upon receiving an application for a permit under this chapter, the department shall inform the applicant of the period established under par. (a) for the permit.

SB246,23,15 (f) The department may extend the period established under par. (a) because the application is incomplete if all of the following apply:

SB246,23,18 1. The department notifies the applicant in writing of the need for an extension within 14 days after the applicant submits the application and the notice specifically describes the information that must be provided to complete the application.

SB246,23,20 2. The information under subd. 1. is directly related to eligibility for the permit or to terms or conditions of the permit.

SB246,23,22 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 permit.

SB246,23,25 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, s. 12 Section 12. 145.025 of the statutes is created to read:

SB246,24,9 145.025 Automatic approval of certain applications. Except as otherwise provided in this section, 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. This section does not apply to an application for a license, registration, or certification under s. 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, or 145.18, or to any form or other writing submitted to the department under s. 145.26.

SB246, s. 13 Section 13. 168.165 of the statutes is created to read:

SB246,24,14 168.165 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, s. 14 Section 14. 218.0114 (13) (b) of the statutes is amended to read:

SB246,24,18 218.0114 (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).