Amendment ASA1-AB64

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 (this act), is repealed and recreated to read: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 (this act), is repealed.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.

AB64-ASA1,1936zm Section 1936zm. 440.52 (13) (d) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,922,24 440.52 (13) (d) The board department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the board department incurs in evaluating the institution. All fees collected by the board department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jr).

AB64-ASA1,2149m Section 2149m. 460.05 (1) (e) 1. of the statutes is amended to read:

AB64-ASA1,923,5 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 440.52 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).

AB64-ASA1,2149p Section 2149p. 460.05 (1) (e) 1. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,923,12 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board department under s. 440.52 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).

AB64-ASA1,2212 Section 2212 . 563.055 (2) (b) of the statutes is amended to read:

AB64-ASA1,923,15 563.055 (2) (b) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64-ASA1,2212g Section 2212g. 601.31 (1) (n) of the statutes is amended to read:

AB64-ASA1,923,20 601.31 (1) (n) For appointing, or renewing an appointment of, an agent under s. 628.11, $16 annually for resident agents or $40 $30 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner.

AB64-ASA1,2212m Section 2212m. 601.415 (13) of the statutes is created to read:

AB64-ASA1,924,2 601.415 (13) Membership in the National Conference of Insurance Legislators. Annually, from the appropriation account under s. 20.145 (1) (g), the commissioner shall credit to the appropriation account under s. 20.765 (3) (g) an amount sufficient for the payment of annual dues by the legislature for membership in the National Conference of Insurance Legislators.

AB64-ASA1,2213 Section 2213 . 605.03 (1) (a) of the statutes is amended to read:

AB64-ASA1,924,7 605.03 (1) (a) Mandatory coverage. The Subject to par. (f), the property fund shall provide protection against fire and extended coverage perils. The coverage shall be at least as favorable as that customarily provided by policies filed with the commissioner for the use of private insurers in insuring comparable property.

AB64-ASA1,2214 Section 2214 . 605.03 (1) (d) of the statutes is amended to read:

AB64-ASA1,924,10 605.03 (1) (d) Term of policy. The Subject to par. (f) 1., the manager may prescribe the time periods for which coverage is to be provided.

AB64-ASA1,2215 Section 2215 . 605.03 (1) (f) of the statutes is created to read:

AB64-ASA1,924,15 605.03 (1) (f) Limits on issuance, renewal, and filing claims; final distribution. 1. No coverage under the property fund may be issued on or after July 1, 2017. No coverage may be renewed after December 31, 2017. No coverage may terminate later than December 31, 2018.

AB64-ASA1,924,17 2. All claims must be filed with the property fund by no later than July 1, 2019. No claim filed after July 1, 2019, will be covered by the fund.

AB64-ASA1,924,20 3. Upon the cessation of all operations of the property fund, the manager shall distribute any moneys remaining in the fund among the local governmental units that were insured under the fund on July 1, 2017.

AB64-ASA1,2216 Section 2216 . 605.21 (1) of the statutes is amended to read:

AB64-ASA1,925,6 605.21 (1) Placing insurance. The Subject to s. 605.03 (1) (f), the property fund shall insure property described in s. 605.02 after receipt from the clerk of the local governmental unit of a certified copy of the resolution authorizing insurance in the property fund. The clerk shall report to the manager each policy then in force upon such property, stating the property covered by the policy and the dates of issue and of expiration, the amounts and rates of insurance and the premiums. Property already insured shall become insured by the property fund as existing policies expire or are canceled. Thereafter the insurance on all property described in s. 605.02 shall be provided. Premiums shall be certified by the manager to the clerk of the appropriate unit.