SB246: Bill Text

SB246,6,22 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:

SB246,6,23 1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).

SB246,6,25 2. An approval or permit related to a controlled-access highway under s. 84.25 (4) or (7).

SB246,7,2 3. An approval of a franchise or permit granted by a municipality as specified in s. 84.08.

SB246,7,3 4. An outdoor advertising business license under s. 84.30 (10).

SB246,7,4 5. An outdoor advertising sign permit under s. 84.30 (10m).

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

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

SB246,7,9 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).

SB246,7,11 9. A permit for the erection and maintenance of a tourist-oriented directional sign under s. 86.196 (2).

SB246,7,12 10. An unairworthy aircraft certificate under s. 114.20 (5).

SB246,7,13 11. A recreational vehicle dealer's license under s. 218.11.

SB246,7,14 12. A recreational vehicle salesperson's license under s. 218.12.

SB246,7,15 13. A motor vehicle salvage dealer's license under s. 218.22.

SB246,7,16 14. A motor vehicle auction dealer's license under s. 218.32.

SB246,7,17 15. A moped dealer's license under s. 218.41.

SB246,7,18 16. A buyer identification card under s. 218.51.

SB246,7,20 17. An approval related to quarterly or consecutive monthly registration under s. 341.185 or 341.19.

SB246,7,22 18. A registration of a dealer, distributor, manufacturer, or transporter under s. 341.51.

SB246,7,24 19. A registration of a finance company or a financial institution under s. 341.57.

SB246,7,25 20. A certificate of title under s. 342.18.

SB246,8,1 21. A permit to perform chemical analysis of the breath under s. 343.305 (6).

SB246,8,2 22. A license to conduct a driver school under s. 343.61.

SB246,8,3 23. A license to act as a driving instructor under s. 343.62.

SB246,8,5 24. A permit related to oversize and overweight vehicles and loads under ss. 348.26 or 348.27.

SB246,8,12 (b) Subject to pars. (g) and (h), 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., or 21. to 24. 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.

SB246,8,20 (c) Subject to pars. (g) and (h), if the department fails to provide the applicant for a license, permit, or other approval specified in par. (a) 1. to 5., 7. to 16., or 21. to 24. with written notice that the department has approved or disapproved the application before the expiration of the period established under par. (a) for the license, permit, or other 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 par. (a).

SB246,9,12 (d) Subject to pars. (g) to (j), failure by the department to provide the applicant for a license, permit, or other approval specified in par. (a) 6. or 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. 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 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.

SB246,9,15 (e) 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).

SB246,9,18 (f) 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.

SB246,9,20 (g) The department may include any of the following in the rules required under par. (a):

SB246,9,23 1. A longer period under par. (a) 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.

SB246,9,25 2. With respect to a license, permit, or other approval specified in par. (a) 6. or 17. to 20., 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.

SB246,10,6 3. With respect to a license, permit, or other approval specified in par. (a) 6. or 17. to 20., deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,10,8 (h) The department may extend the period established under par. (a) because the application is incomplete if all of the following apply:

SB246,10,12 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 or the information needed to complete the department's review of the application.

SB246,10,15 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.

SB246,10,18 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 license, permit, or other approval.

SB246,10,21 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.

SB246,11,2 (i) During the period established under par. (a) for a license, permit, or other approval specified in par. (a) 6. or 17. to 20., 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 par. (a). 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.

SB246,11,11 (j) The department may extend the period established under par. (a) for a license, permit, or other approval specified in par. (a) 6. or 17. to 20. by not more than 30 days if, within the period established under par. (a), 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 par. (a) 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. 6 Section 6. 86.196 (2) (c) of the statutes is amended to read:

SB246,11,15 86.196 (2) (c) Provisions for fees to cover costs of sign manufacture, erection and maintenance to be collected through a permit system and deadlines for acting on permit applications as required under s. 85.16 (3).

SB246, s. 7 Section 7. 93.125 of the statutes is created to read:

SB246,11,19 93.125 Deadlines for action on occupational 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:

SB246,11,20 (a) A food inspector license under s. 93.11.

SB246,11,21 (b) A professional weather modification license under s. 93.35 (4).

SB246,11,22 (c) An individual commercial pesticide applicator license under s. 94.704.

SB246,11,23 (d) A pesticide applicator certification under s. 94.705.

SB246,11,24 (f) A buttermaker or cheesemaker license under s. 97.17.

SB246,11,25 (g) A butter grader or cheese grader license under s. 97.175.

SB246,12,1 (h) A milk producer license under s. 97.22 (2).

SB246,12,2 (i) A grade A dairy farm permit under s. 97.22 (3).

SB246,12,3 (j) A milk and cream tester license under s. 98.145.

SB246,12,4 (k) A milk weigher and sampler license under s. 98.146.

SB246,12,10 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other 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 license 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 or other approval.

SB246,12,17 (b) Subject to sub. (4), if the department fails to provide the applicant for a license or other approval specified in 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).

SB246,12,20 (c) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,12,23 (3) Notice of deadline. Upon receiving an application for a license or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license or other approval.

SB246,13,3 (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:

SB246,13,6 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.

SB246,13,8 2. The information under subd. 1. is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

SB246,13,11 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 or other approval.

SB246,13,14 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. 8 Section 8. 93.13 of the statutes is created to read:

SB246,13,18 93.13 Automatic approval of certain 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:

SB246,13,19 (a) A weather modification permit under s. 93.35 (6).

SB246,13,20 (am) A nursery dealer license under s. 94.10 (2).

SB246,13,21 (b) A nursery grower license under s. 94.10 (3).

SB246,13,22 (c) A Christmas tree grower license under s. 94.10 (3g).

SB246,13,23 (cm) A seed labeler's license under s. 94.43.

SB246,13,24 (d) A ginseng grower or dealer registration under s. 94.50 (2).

SB246,13,25 (e) A fertilizer manufacturer or distributor license under s. 94.64 (3).

SB246,14,1 (em) A nonagricultural or special-use fertilizer permit under s. 94.64 (3m).

SB246,14,3 (f) A soil or plant additive manufacturer or distributor license under s. 94.65 (2).

SB246,14,4 (g) A soil or plant additive permit under s. 94.65 (3).

SB246,14,5 (gm) A license for the sale or distribution of liming material under s. 94.66 (2).

SB246,14,6 (h) A pesticide manufacturer or labeler license under s. 94.68 (1).

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).