LRB-5554/1
MED/ARG/KRP:all
2019 - 2020 LEGISLATURE
February 11, 2020 - Introduced by
Law Revision Committee. Referred to
Committee on Rules.
AB884,1,11
1An Act to renumber and amend 440.52 (1) (b) and 440.52 (1) (c);
to amend
271.07 (5r) (a) 2., 71.28 (5r) (a) 2., 71.47 (5r) (a) 2., 145.26 (1), 227.21 (2) (b), 440.52
3(1) (e) 3., 440.52 (1) (e) 5., 440.52 (1) (e) 6., 440.52 (2), 440.52 (7) (intro.), 440.52
4(7) (a), 440.52 (7) (c), 440.52 (7) (e), 440.52 (7) (f), 440.52 (7) (g), 440.52 (8) (a),
5440.52 (8) (c) 3., 440.52 (8) (g), 440.52 (10) (a), 440.52 (10) (b), 440.52 (13) (a) 1.,
6448.05 (5r), 458.43 (1) (intro.) and 458.44 (3) (d); and
to create 440.08 (2) (am)
7and 440.52 (1) (dm) (intro.) of the statutes;
relating to: incorporation of
8standards by reference into agency administrative rules and various changes
9to laws administered or enforced by the Department of Safety and Professional
10Services and credentialing boards (suggested as remedial legislation by the
11Department of Safety and Professional Services).
Analysis by the Legislative Reference Bureau
This bill makes changes regarding incorporation by reference of technical
standards into agency rules and to various laws enforced or administered by the
Department of Safety and Professional Services, including the following:
Incorporation by reference of technical standards into rules
Current law generally requires all permanent rules that are promulgated by
state agencies to be published in the Wisconsin Administrative Code. However,
current law allows an agency, in order to avoid unnecessary expense, to adopt
standards established by technical societies and organizations of recognized
national standing by incorporating the standards in its rules by reference to the
specific issue or issues of the publication in which they appear, without reproducing
the standards in full in their rules. Such incorporation by reference requires the
consent of the attorney general and requires the rule incorporating the standard to
state that the standards are on file at the offices of the agency and the Legislative
Reference Bureau.
This bill deletes the requirement that the agency state that the standards are
on file at the offices of the agency and instead requires only that the agency state that
the standards are on file at the Legislative Reference Bureau.
Regulation of private postsecondary schools
Under current law, DSPS regulates most private postsecondary schools,
including trade schools and for-profit colleges. Among its responsibilities, DSPS
inspects and approves these schools and courses of instruction offered by these
schools. DSPS also issues permits for, and otherwise regulates, the solicitation of
students for courses at these schools. DSPS must investigate the adequacy of courses
and courses of instruction offered by these schools and approve courses of instruction
meeting standards established by DSPS. Current law defines a “course of
instruction" as a series of classroom or correspondence courses having a unified
purpose which lead to a diploma or degree or to an occupational or vocational
objective. A “course" is defined as an organized unit of subject matter in which
instruction is offered within a given period of time or that covers a specified amount
of related subject matter.
This bill defines “program” to incorporate the current definitions of “course”
and “course of instruction” and substitutes the term “program” for “course” and
“course of instruction” in various statutory provisions relating to the regulation of
these private postsecondary schools.
Appraisal management companies
Current law prohibits a licensed appraisal management company (AMC) from
removing an independent appraiser from its appraiser panel unless certain
conditions apply. However, an exception to this prohibition provides that it does not
apply within the first 60 days after a licensed AMC adds an independent appraiser
to the licensed AMC's appraiser panel. This bill eliminates this exception to this
prohibition.
Also under current law, DSPS may deny a license to, or take disciplinary action
against, an AMC on various grounds, including if the AMC, or a controlling
individual of the AMC, has had a denial of, or disciplinary action involving, a license
or other credential to act as an appraiser in any state, unless that credential was
later granted or reinstated. The bill modifies this provision so that it applies if the
AMC or individual has had a denial of, or disciplinary action involving, a license or
other credential to act as an AMC in any state.
Credential renewals
Currently, most professional credentials issued by DSPS and the credentialing
boards in DSPS are subject to periodic renewal. Current law also generally provides
that when a licensee has made timely and sufficient application for the renewal of
a credential, the credential does not expire until the application has been finally
acted upon by the agency.
This bill clarifies, for purposes of a renewal of a credential issued by DSPS or
a credentialing board in DSPS, that an applicant has made timely and sufficient
application for the renewal only when the applicant has submitted all forms and
other documentation required for the renewal of that credential.
Regulation of public swimming pools
Under current law, DSPS approves plans and specifications for constructing,
altering, or reconstructing “public swimming pools,” which are defined as certain
structures. This bill clarifies that, to satisfy the definition, a structure must be used
for swimming, therapy, training, or water recreation.
Certificates to practice respiratory care
This bill changes, for purposes of eligibility for a certificate to practice
respiratory care, the name of the accrediting bodies for respiratory care courses of
instruction.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Safety and Professional Services and
introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After
careful consideration of the various provisions of the bill, the Law Revision Committee
has determined that this bill makes minor substantive changes in the statutes, and that
these changes are desirable as a matter of public policy.
AB884,1
1Section
1. 71.07 (5r) (a) 2. of the statutes is amended to read:
AB884,3,42
71.07
(5r) (a) 2. “Course of instruction"
has the meaning given in s. 440.52 (1)
3(c) means a series of classroom or correspondence courses having a unified purpose
4which lead to a diploma or degree or to an occupational or vocational objective.
Note: This Section replaces a cross-reference to a definition of “course of
instruction” with the definition itself.
AB884,2
5Section
2
. 71.28 (5r) (a) 2. of the statutes is amended to read:
AB884,4,2
171.28
(5r) (a) 2. “Course of instruction" has the meaning given in s.
440.52 (1)
2(c) 71.07 (5r) (a) 2.
Note: Sections 2 and 3 change a cross-reference for the definition of “course of
instruction.”
AB884,3
3Section
3
. 71.47 (5r) (a) 2. of the statutes is amended to read:
AB884,4,54
71.47
(5r) (a) 2. “Course of instruction" has the meaning given in s.
440.52 (1)
5(c) 71.07 (5r) (a) 2.
AB884,4
6Section
4. 145.26 (1) of the statutes is amended to read:
AB884,4,167
145.26
(1) In this section, “public swimming pool" means a fixed or mobile
8structure, basin, chamber, or tank and appurtenant buildings and equipment that
9serve or are installed for use by the state, a political subdivision of the state, a motel,
10a hotel, a resort, a camp, a club, an association, a housing development, a school, a
11religious, charitable, or youth organization, an educative or rehabilitative facility, or
12another entity
and that are used for swimming, therapy, training, or water
13recreation. “Public swimming pool" does not mean an inflated mobile structure,
14basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath;
15or a fixed or mobile structure, basin, chamber, or tank that serves fewer than 3
16individual residences.
Note: This Section provides that to be a “public swimming pool,” a structure must
be used for swimming, therapy, training, or water recreation.
AB884,5
17Section
5. 227.21 (2) (b) of the statutes is amended to read:
AB884,5,218
227.21
(2) (b) The attorney general shall consent to incorporation by reference
19only in a rule of limited public interest and in a case where the incorporated
20standards are readily available in published form or are available on optical disc or
21in another electronic format. Each rule containing an incorporation by reference
22shall state how the material incorporated may be obtained and, except as provided
1in s. 601.41 (3) (b), that the standards are on file at the
offices of the agency and the 2legislative reference bureau.
Note: This Section deletes a requirement that an agency maintain, at its offices,
a copy of any standards established by technical societies and national organizations that
are incorporated into its rules but not reproduced in full.
AB884,6
3Section
6. 440.08 (2) (am) of the statutes is created to read:
AB884,5,94
440.08
(2) (am) A renewal application shall be considered complete only when
5the applicant has submitted the fee required under par. (c) and all forms and other
6documentation required for the renewal of that credential. An applicant has not
7made timely and sufficient application for the renewal of the credential within the
8meaning of s. 227.51 until the applicant has submitted a complete application as
9provided in this paragraph.
Note: This Section provides that a renewal application for a credential is
complete, and considered timely and sufficient, only when an applicant submits any
required fee and all forms and other documentation required for renewal.
AB884,7
10Section
7
. 440.52 (1) (b) of the statutes is renumbered 440.52 (1) (dm) 1. and
11amended to read:
AB884,5,1412
440.52
(1) (dm) 1.
“Course" means an An organized unit of subject matter in
13which instruction is offered within a given period of time or that covers a specified
14amount of related subject matter.
Note: Sections 7 to 9 define “program” by combining the definitions of “course”
and “course of instruction.”
AB884,8
15Section
8. 440.52 (1) (c) of the statutes is renumbered 440.52 (1) (dm) 2. and
16amended to read:
AB884,5,1917
440.52
(1) (dm) 2.
“Course of instruction" means a A series of classroom or
18correspondence courses having a unified purpose which lead to a diploma or degree
19or to an occupational or vocational objective.
AB884,9
20Section
9
. 440.52 (1) (dm) (intro.) of the statutes is created to read:
AB884,6,2
1440.52
(1) (dm) (intro.) Except in par. (e) 9. and 10., “program" means any of
2the following:
AB884,10
3Section
10
. 440.52 (1) (e) 3. of the statutes is amended to read:
AB884,6,54
440.52
(1) (e) 3. Schools of a parochial or denominational character offering
5courses programs having a sectarian objective.
Note: Sections 10 to 22 and 24 to 25 replace “course” with “program”; “courses”
with “programs”; “course of instruction” with “program”; and “courses of instruction” with
“programs.”
AB884,11
6Section
11. 440.52 (1) (e) 5. of the statutes is amended to read:
AB884,6,87
440.52
(1) (e) 5.
Courses
Programs conducted by employers exclusively for their
8employees.
AB884,12
9Section
12. 440.52 (1) (e) 6. of the statutes is amended to read:
AB884,6,1110
440.52
(1) (e) 6. Schools
, courses of instruction, and
training programs that are
11approved or licensed and supervised by other state agencies and boards.
AB884,13
12Section
13. 440.52 (2) of the statutes is amended to read:
AB884,6,1913
440.52
(2) Responsibilities. The department shall protect the general public
14by inspecting and approving private trade, correspondence, business, and technical
15schools doing business within this state, whether located within or outside this state,
16changes of ownership or control of the schools, teaching locations used by the schools,
17and
courses of instruction programs offered by the schools and regulate the soliciting
18of students for
correspondence or classroom courses and courses of instruction 19programs offered by the schools.
AB884,14
20Section
14. 440.52 (7) (intro.) of the statutes is amended to read:
AB884,7,321
440.52
(7) Approval of schools generally. (intro.) To protect students,
22prevent fraud and misrepresentation in the sale and advertising of
courses and
23courses of instruction programs, and encourage schools to maintain
courses and
1courses of instruction programs consistent in quality, content, and length with
2generally accepted educational standards, the department shall do all of the
3following:
AB884,15
4Section
15. 440.52 (7) (a) of the statutes is amended to read:
AB884,7,75
440.52
(7) (a) Investigate the adequacy of
courses and courses of instruction 6programs offered by schools to residents of this state and establish minimum
7standards for those
courses of instruction
programs.
AB884,16
8Section
16. 440.52 (7) (c) of the statutes is amended to read:
AB884,7,119
440.52
(7) (c) Establish rules, standards, and criteria to prevent fraud and
10misrepresentation in the sale and advertising of
courses and courses of instruction 11programs.
AB884,17
12Section
17. 440.52 (7) (e) of the statutes is amended to read:
AB884,7,1513
440.52
(7) (e) Establish minimum standards for refund of the unused portion
14of tuition, fees, and other charges if a student does not enter a
course or course of
15instruction program or withdraws or is discontinued from the
course program.
AB884,18
16Section
18. 440.52 (7) (f) of the statutes is amended to read: