AB163: Bill Text

AB163,108,22 (2) A local health department designated as the department's agent under this section shall meet standards promulgated under ss. 252.23 463.10 (4) (a) and 252.24 463.12 (4) (a). The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health services financial institutions and professional standards may revoke its agent status.

AB163,108,25 (3) The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of s. 252.23 463.10 or 252.24 463.12 and rules promulgated under s. 252.23 463.10 or 252.24 463.12.

AB163,109,7 (4m) A local health department designated as the department's agent under this section may contract with the department of health services financial institutions and professional standards for the department of health services financial institutions and professional standards to collect fees and issue licenses under s. 252.23 463.10 or 252.24 463.12. The department of financial institutions and professional standards shall collect from the local health department the actual and reasonable cost of providing the services.

AB163,109,15 (5) If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health services financial institutions and professional standards and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.

AB163,109,21 (6) A village, city or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 252.23 463.10 or 252.24 463.12 or rules promulgated by the department of health services under s. 252.23 463.10 or 252.24 463.12. No such provision may conflict with s. 252.23 463.10 or 252.24 463.12 or with department rules.

AB163,110,5 (8) The department shall hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any interested person in the jurisdictional area of a local health department that is designated as the department's agent under this section appeals to the department of health services financial institutions and professional standards alleging that a license fee for a tattooist or tattooist establishment or for a body piercer or body-piercing establishment exceeds the license issuer's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooist or tattooist establishment or to the body piercer or body-piercing establishment.

AB163,110,17 (9) The department shall promulgate rules establishing state fees for its costs related to setting standards under ss. 252.23 463.10 and 252.24 463.12 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. The department may not promulgate a rule under which a local health department may charge an individual who is eligible for the veterans fee waiver program under s. 45.44 a state fee to obtain a license under s. 252.23 463.10 (3) or 252.24 463.12 (3). Agent local health departments shall include the state fees in the license fees established under sub. (4), collect the state fees and reimburse the department for the state fees collected. For tattooists or tattoo establishments and for body piercers or body-piercing establishments, the state fee may not exceed 20% of the license fees established under s. 252.23 (4) (a) or 252.24 (4) (a) 440.03 (9).

AB163,435 Section 435. 254.115 (1) (d) of the statutes is repealed.

AB163,436 Section 436. 255.08 of the statutes is renumbered 463.25, and 463.25 (2) (a) and (b), as renumbered, are amended to read:

AB163,110,25 463.25 (2) (a) No person may operate a tanning facility without a permit that the department may, except as provided in ss. 250.041 and 254.115 s. 463.14, issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.

AB163,111,7 (b) Permits issued under this subsection shall expire annually on June 30. Except as provided in ss. 250.041 and 254.115 s. 463.14, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a the permit fee established by the department by rule under s. 440.03 (9). The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.

AB163,437 Section 437. 257.01 (5) (a) of the statutes is amended to read:

AB163,111,14 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448.

AB163,438 Section 438. 257.01 (5) (b) of the statutes is amended to read:

AB163,111,23 257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB163,439 Section 439. 281.33 (2) of the statutes is amended to read:

AB163,112,10 281.33 (2) State storm water management plan. The department, in consultation with the department of safety and professional services, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

AB163,440 Section 440. 281.57 (7) (c) 1. of the statutes is amended to read:

AB163,112,18 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (de) $771,738 and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB163,441 Section 441. 281.59 (1m) (c) of the statutes is repealed.

AB163,442 Section 442. 321.60 (1) (a) 4. of the statutes is amended to read:

AB163,113,2 321.60 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

AB163,443 Section 443. 321.60 (1) (a) 6m. of the statutes is created to read:

AB163,113,5 321.60 (1) (a) 6m. A license, certification, or permit issued under s. 89.06 or 89.072.

AB163,444 Section 444. 321.60 (1) (a) 12. of the statutes is amended to read:

AB163,113,10 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, and professional standards under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

AB163,445 Section 445. 409.501 (1) (b) of the statutes is amended to read:

AB163,113,15 409.501 (1) (b) The office of the department of financial institutions and professional standards or any office duly authorized by the department, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

AB163,446 Section 446. 426.103 of the statutes is amended to read:

AB163,113,19 426.103 Administrator. "Administrator" means the secretary of financial institutions and professional standards or an employee of the department of financial institutions and professional standards designated by the secretary.

AB163,447 Section 447. 426.104 (2) (intro.) of the statutes is amended to read:

AB163,114,3 426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427 and 429. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be given to the division of banking for inclusion included in the department's report of the division of banking under s. 220.14 and shall include:

AB163,448 Section 448. 426.203 of the statutes is amended to read:

AB163,114,11 426.203 Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. Forfeitures received by the administrator under this section shall be credited to the appropriation account under s. 20.144 (1) 20.142 (2) (h) and may be expended from the account only for consumer or merchant education programs.

AB163,449 Section 449. Chapter 440 (title) of the statutes is amended to read:

AB163,114,13 CHAPTER 440

AB163,114,15 DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES licensing

AB163,450 Section 450. 440.01 (2) (cs) of the statutes is amended to read:

AB163,114,18 440.01 (2) (cs) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,451 Section 451. 440.03 (3) of the statutes is amended to read:

AB163,114,23 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 15.175 or 15.406 15.176.

AB163,452 Section 452. 440.03 (3q) of the statutes is amended to read:

AB163,115,3 440.03 (3q) Notwithstanding sub. (3m), the department of safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).

AB163,453 Section 453. 440.03 (9) (a) 2. of the statutes is amended to read:

AB163,115,18 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) 20.142 (3) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

AB163,454 Section 454. 440.03 (11m) (c) of the statutes is amended to read:

AB163,116,2 440.03 (11m) (c) The department of safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.

AB163,455 Section 455. 440.03 (12m) of the statutes is amended to read:

AB163,116,9 440.03 (12m) The department of safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of safety and professional services, including whether that credential has been restricted in any way.

AB163,456 Section 456. 440.03 (13) (b) 73. of the statutes is repealed.

AB163,457 Section 457. 440.03 (13) (b) 74. of the statutes is repealed.

AB163,458 Section 458 . 440.08 (2) (a) (intro.) of the statutes, as affected by 2013 Wisconsin Act 240, is amended to read:

AB163,116,16 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

AB163,459 Section 459. 440.08 (2) (a) 70. of the statutes is repealed.

AB163,460 Section 460. 440.08 (2) (a) 71. of the statutes is repealed.

AB163,461 Section 461. 440.13 (1) (b) of the statutes is amended to read:

AB163,116,22 440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857.

AB163,462 Section 462. 440.22 (2) of the statutes is amended to read:

AB163,117,10 440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

AB163,463 Section 463. 440.25 of the statutes is amended to read:

AB163,117,19 440.25 Judicial review. The department may seek judicial review under ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the medical examining board or the interested affiliated credentialing board, the attorney general may represent the board. If the attorney general declines to represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) 20.142 (3) (hg).

AB163,464 Section 464. Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

AB163,117,22 CHAPTER 440

AB163,117,23 SUBCHAPTER V

AB163,117,24 PEDDLERS; PRIVATE schools

AB163,465 Section 465. 440.52 (title) of the statutes is created to read:

AB163,118,1 440.52 (title) Private trade, business, technical, and other schools.

AB163,466 Section 466. 440.52 (7m) of the statutes is created to read:

AB163,118,5 440.52 (7m) Authorization of schools. (a) In this subsection, "proprietary school" means a private trade, correspondence, business, or technical school or any other private school seeking funding under 20 USC 1070 to 1099d.

AB163,118,8 (b) Upon application, the department shall issue written authorization to a proprietary school doing business within this state if the requirements established by rule under par. (c) are satisfied.

AB163,118,11 (c) The rules required under sub. (3) shall include rules related to providing authorization under this subsection and revoking authorization previously provided. The rules shall include all of the following:

AB163,118,14 1. Criteria or standards for providing authorization, which must include a requirement that the school has accreditation recognized by the U.S. secretary of education or recognized by the Council for Higher Education Accreditation.

AB163,118,16 2. The period for which the department's authorization is valid, which period may be no longer than 4 years.

AB163,118,19 3. Criteria or standards, and a procedure, for revoking authorization previously provided, which must allow revocation if the school has lost the accreditation specified in subd. 1.

AB163,118,21 4. Criteria or standards, and a procedure, for a school to regain authorization after its authorization has been revoked.

AB163,118,24 5. The fees to be paid to the department for authorization under this subsection. Fees collected under this subdivision shall be sufficient to cover all costs that the department incurs in authorizing proprietary schools under this subsection.

AB163,119,3 (d) A school issued authorization by the department under par. (b) shall promptly notify the department if it loses the accreditation specified in par. (c) 1. within the period of authorization.

AB163,119,6 (e) With respect to any school authorized by the department under par. (b) or for which the department has a pending application for authorization, the department shall do all of the following:

AB163,119,7 1. Fulfill any obligation of this state specified in 20 USC 1099a.

AB163,119,12 2. Cooperate with any accrediting agency or association recognized by the federal secretary of education as meeting the criteria established under 20 USC 1099b, and with the federal secretary of education, with respect to certification or recertification under 20 USC 1099c of any school for purposes of the school's participation in programs of the federal department of education.

AB163,467 Section 467. 440.52 (11) (bm) of the statutes is created to read:

AB163,119,21 440.52 (11) (bm) If a school operating in this state proposes to discontinue its operations or is in imminent danger of discontinuing its operations, the school shall give notice to the department. Upon receiving this notice, if the department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department may take possession of those student records if those student records have not already been taken into possession under par. (b) 2.

AB163,468 Section 468. 440.905 (1) of the statutes is amended to read:

AB163,119,25 440.905 (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of safety and professional services on matters relating to cemeteries, to this chapter, or to the board.

AB163,469 Section 469. 440.92 (2) (d) of the statutes is amended to read:

AB163,120,15 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of safety and professional services for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS."

AB163,470 Section 470. 440.945 (5) (b) of the statutes is amended to read:

AB163,121,2 440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of safety and professional services to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

AB163,471 Section 471. 441.01 (7) (a) 2. of the statutes is amended to read: