Amendment ASA1-AB64

AB64-ASA1,910,5 348.28 (1) (b) Permits issued under s. 348.27 (19) that are required to be carried on the vehicle under par. (a) may be carried and produced in either printed or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If the permit is displayed in electronic format on any cellular telephone or other electronic device, a traffic officer or inspector under s. 110.07 (3) may not view, and producing the permit in electronic format is not considered consent for the traffic officer or inspector to view, any content on the telephone or other device except the permit. This paragraph does not apply after January 1, 2020.

AB64-ASA1,1900sg Section 1900sg. 350.12 (3j) (b) of the statutes is amended to read:

AB64-ASA1,910,11 350.12 (3j) (b) Except as provided in par. (bg), the The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $34.25 $49.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

AB64-ASA1,1900sm Section 1900sm. 350.12 (3j) (bg) 2. of the statutes is repealed.

AB64-ASA1,1900sp Section 1900sp. 350.12 (3j) (bg) 3. of the statutes is amended to read:

AB64-ASA1,910,17 350.12 (3j) (bg) 3. The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who is both a member of a snowmobile club and a member of the Association of Wisconsin Snowmobile Clubs is $9.25.

AB64-ASA1,1900sv Section 1900sv. 350.12 (3j) (bg) 4. of the statutes is amended to read:

AB64-ASA1,910,21 350.12 (3j) (bg) 4. The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who does not meet the requirements under subd. 3. is $29.25.

AB64-ASA1,1900t Section 1900t. 350.12 (3j) (e) 2. of the statutes is amended to read:

AB64-ASA1,911,2 350.12 (3j) (e) 2. Any person, including the department, who issues a trail use sticker or a temporary trail use receipt shall collect in addition to the fee under par. (b) or (bg) 2., 3., or 4. an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the temporary trail use receipt.

AB64-ASA1,1900v Section 1900v. 350.12 (4) (b) 1. of the statutes is amended to read:

AB64-ASA1,911,16 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100 percent of the actual cost of maintaining the trail per year up to a $250 $300 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100 percent of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100 percent of eligible costs. Aids for trail rehabilitation projects may equal 100 percent of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100 percent grant basis, 75 percent at the time of approval but no later than January 1 and 25 percent upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.

AB64-ASA1,1900vm Section 1900vm. 350.12 (4) (bg) 2. a. of the statutes is repealed.

AB64-ASA1,1900w Section 1900w. 350.12 (4) (bg) 2. b. of the statutes is renumbered 350.12 (4) (bg) 2. and amended to read:

AB64-ASA1,912,4 350.12 (4) (bg) 2. For fiscal years 2016-17 to 2019-20, the The department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year to owners of snowmobiles that are exempt from registration under sub. (2) multiplied by $47 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation account under s. 20.370 (5) (cw), the department shall make payments to the department or a county for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

AB64-ASA1,1900wm Section 1900wm. 350.12 (4) (bm) 1. of the statutes is amended to read:

AB64-ASA1,912,8 350.12 (4) (bm) 1. The actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $250 $300 per mile per year under par. (b) 1.

AB64-ASA1,1900x Section 1900x. 350.12 (4) (bm) 2. of the statutes is amended to read:

AB64-ASA1,912,13 350.12 (4) (bm) 2. Of the actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $150 $200 per mile per year.

AB64-ASA1,1903 Section 1903 . 440.03 (1c) of the statutes is created to read:

AB64-ASA1,913,2 440.03 (1c) The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

AB64-ASA1,1904 Section 1904 . 440.03 (4m) of the statutes is created to read:

AB64-ASA1,913,7 440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64-ASA1,1929 Section 1929 . 440.035 (2) of the statutes is created to read:

AB64-ASA1,913,13 440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64-ASA1,1931 Section 1931 . 440.23 (2) (c) of the statutes is amended to read:

AB64-ASA1,913,16 440.23 (2) (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64-ASA1,1935 Section 1935 . Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

AB64-ASA1,913,19 CHAPTER 440

AB64-ASA1,913,20 SUBCHAPTER V

AB64-ASA1,913,21 PEDDLERS; PRIVATE schools

AB64-ASA1,1936am Section 1936am. 440.52 (title) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

AB64-ASA1,913,25 440.52 (title) Private trade, correspondence, business, and technical schools.

AB64-ASA1,1936b Section 1936b. 440.52 (1) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

AB64-ASA1,1936c Section 1936c. 440.52 (1) (e) 8. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,914,6 440.52 (1) (e) 8. Schools accredited by accrediting agencies recognized by the board department.

AB64-ASA1,1936d Section 1936d. 440.52 (1) (g) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,914,10 440.52 (1) (g) “Teaching location" means the area and facilities designated for use by a school required to be approved by the board department under this section.

AB64-ASA1,1936e Section 1936e. 440.52 (2) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,914,19 440.52 (2) Responsibilities. The board department shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

AB64-ASA1,1936f Section 1936f. 440.52 (3) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,914,23 440.52 (3) Rule-making power. The board department shall promulgate rules and establish standards necessary to administer this section.

AB64-ASA1,1936g Section 1936g. 440.52 (5) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

AB64-ASA1,1936h Section 1936h. 440.52 (7) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,915,7 440.52 (7) Approval of schools generally. (intro.) To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the board department shall do all of the following:

AB64-ASA1,1936i Section 1936i. 440.52 (7) (g) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,915,16 440.52 (7) (g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the board department and complying with rules promulgated by the board department; publish a list of the schools and courses of instruction approved and a list of the schools that are authorized to use the term “college," “ university," “state," or “Wisconsin" in their names; and make those lists of the schools available on the board's department's Internet site.

AB64-ASA1,1936j Section 1936j. 440.52 (7) (h) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,915,20 440.52 (7) (h) Issue permits to solicitors when all board department requirements have been met.

AB64-ASA1,1936k Section 1936k. 440.52 (7) (i) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,915,24 440.52 (7) (i) Require schools to furnish a surety bond in an amount as provided by rule of the board department.

AB64-ASA1,1936L Section 1936L. 440.52 (8) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,916,9 440.52 (8) (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board department. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

AB64-ASA1,1936m Section 1936m. 440.52 (8) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,917,11 440.52 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board department and shall be accompanied by a fee and a surety bond acceptable to the board department in the sum of $2,000. The board department shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the board department shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board department and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board department requests of the applicant. The board department shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB64-ASA1,1936n Section 1936n. 440.52 (8) (c) (intro.), 1., 2., 4. and 5. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,917,16 440.52 (8) (c) Refusal or revocation of permit. (intro.) The board department may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB64-ASA1,917,18 1. Willful violation of this subsection or any rule promulgated by the board department under this section.

AB64-ASA1,917,20 2. Furnishing false, misleading, or incomplete information to the board department.

AB64-ASA1,917,22 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board department.

AB64-ASA1,917,25 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board department under sub. (7).

AB64-ASA1,1936o Section 1936o. 440.52 (8) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,918,7 440.52 (8) (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board department. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB64-ASA1,1936p Section 1936p. 440.52 (8) (e) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,918,16 440.52 (8) (e) Request for appearance. Within 20 days of the receipt of notice of the board's department's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board department in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the board department shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time, and place.

AB64-ASA1,1936q Section 1936q. 440.52 (10) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,919,4 440.52 (10) (a) Authority. All proprietary schools shall be examined and approved by the board department before operating in this state. Approval shall be granted to schools meeting the criteria established by the board department for a period not to exceed one year. No school may advertise in this state unless approved by the board department. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board department considers necessary. If a school closure results in losses to students, parents, or sponsors, the board department may authorize the full or partial payment of those losses from the appropriation under s. 20.165 (1) (jt).

AB64-ASA1,1936r Section 1936r. 440.52 (10) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,919,13 440.52 (10) (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the board department and shall be accompanied by a fee set by the board department under par. (c) and any other information as the board department considers necessary to evaluate the school in carrying out the purpose of this section.

AB64-ASA1,1936s Section 1936s. 440.52 (10) (c) (intro.) and 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,919,19 440.52 (10) (c) Fees; rule making. (intro.) The board department shall promulgate rules to establish the fees paid to the board department under this subsection. In promulgating rules to establish the fees, the board department shall do all of the following:

AB64-ASA1,919,22 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board department incurs in examining and approving proprietary schools under this subsection.

AB64-ASA1,1936t Section 1936t. 440.52 (10) (cm) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,3 440.52 (10) (cm) Limit on student protection fee. The board department shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB64-ASA1,1936u Section 1936u. 440.52 (11) (b) 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,13 440.52 (11) (b) 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board department, if the student records of the school are not taken into possession under subd. 2., and if the board 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 board department may take possession of those student records.

AB64-ASA1,1936v Section 1936v. 440.52 (11) (c) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,920,20 440.52 (11) (c) If necessary to protect student records from 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 board department or association may seek a court order authorizing the board department or association to take possession of those student records.

AB64-ASA1,1936w Section 1936w. 440.52 (11) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,921,9 440.52 (11) (d) The board department or association shall preserve a student record that comes into the possession of the board department or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board department is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board department or association shall provide a copy of the student record to the requester. The board department or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jv).

AB64-ASA1,1936x Section 1936x. 440.52 (12) (a) (intro.) and 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,921,19 440.52 (12) (a) (intro.) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college" or “university" in the person's name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

AB64-ASA1,921,21 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010.

AB64-ASA1,1936y Section 1936y. 440.52 (12) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,922,6 440.52 (12) (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state" or “Wisconsin" in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board department, or has accreditation recognized by the Council for Higher Education Accreditation.

AB64-ASA1,1936z Section 1936z. 440.52 (13) (a) 2. a., b. and e. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read:

AB64-ASA1,922,12 440.52 (13) (a) 2. a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the board department; or has accreditation recognized by the Council for Higher Education Accreditation.

AB64-ASA1,922,13 b. Is approved by the board department to operate in this state.

AB64-ASA1,922,17 e. Has been found by the board department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.