SB21: Bill Text

SB21,1633,10 65. Real estate broker: December 15 of each the even-numbered year years.

SB21,1633,12 66. Real estate business entity: December 15 of each the even-numbered year years.

SB21,1633,14 67. Real estate salesperson: December 15 of each the even-numbered year years.

SB21,1633,16 67m. Registered interior designer: August 1 of each the even-numbered year years.

SB21,1633,18 67v. Registered music, art or dance therapist: October 1 of each the odd-numbered year years.

SB21,1633,20 67x. Registered music, art, or dance therapist with psychotherapy license: October 1 of each the odd-numbered year years.

SB21,1633,22 68. Respiratory care practitioner: July 1 of each the even-numbered year years.

SB21,1633,23 68b. Sanitarian: January 1 of each the even-numbered year years.

SB21,1633,25 68c. Sign language interpreter: September 1 of each the odd-numbered year years.

SB21,1634,1 68d. Social worker: March 1 of each the odd-numbered year years.

SB21,1634,3 68h. Social worker, advanced practice: March 1 of each the odd-numbered year years.

SB21,1634,5 68p. Social worker, independent: March 1 of each the odd-numbered year years.

SB21,1634,7 68t. Social worker, independent clinical: March 1 of each the odd-numbered year years.

SB21,1634,9 68v. Speech-language pathologist: February 1 of each the odd-numbered year years.

SB21,1634,11 69. Time-share salesperson: December 15 of each the even-numbered year years.

SB21,4383 Section 4383. 440.08 (2) (a) 70. of the statutes is repealed.

SB21,4384 Section 4384. 440.08 (2) (a) 71. of the statutes is repealed.

SB21,4385 Section 4385. 440.08 (2) (a) 72. of the statutes is renumbered 440.08 (2) (ag) 72. and amended to read:

SB21,1634,17 440.08 (2) (ag) 72. Wholesale distributor of prescription drugs: June 1 of each the even-numbered year years.

SB21,4386 Section 4386. 440.08 (2) (ag) (intro.) of the statutes is created to read:

SB21,1634,20 440.08 (2) (ag) (intro.) For the purpose of par. (a), the general renewal dates and years for credentials are as follows:

SB21,4387 Section 4387. 440.08 (2) (ar) of the statutes is created to read:

SB21,1635,6 440.08 (2) (ar) Notwithstanding pars. (a), (ag), and (c), the department may establish a system to transition credential holders from 2-year to 4-year credential periods by phasing-in the application of par. (a). Notwithstanding the requirement to pay the renewal fee under par. (c), a person who renews a credential for 2 years pursuant to the system established under this paragraph is only required to pay one-half of the renewal fee that applies to a person renewing a credential for 4 years. The department shall promulgate rules to implement any transition system established under this paragraph, which shall not allow for more than one 2-year renewal of a credential after the effective date of this paragraph .... [LRB inserts date].

SB21,4388 Section 4388. 440.08 (2) (b) of the statutes is amended to read:

SB21,1635,11 440.08 (2) (b) The renewal fee for an apprentice, journeyman, student, or temporary credential is $10. The renewal dates specified in par. determined under pars. (a) and (ag) do not apply to apprentice, journeyman, student or temporary credentials.

SB21,4389 Section 4389. 440.13 (1) (b) of the statutes is amended to read:

SB21,1635,15 440.13 (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.

SB21,4390 Section 4390. 440.22 (2) of the statutes is amended to read:

SB21,1636,3 440.22 (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.

SB21,4391 Section 4391. 440.25 of the statutes is amended to read:

SB21,1636,12 440.25 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).

SB21,4392 Section 4392. 440.26 (3) of the statutes is amended to read:

SB21,1637,2 440.26 (3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). No license shall be issued for a longer period than 2 4 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 4 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s. 440.08 or determined by the department under s. 440.03 (9) (a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

SB21,4393 Section 4393. 440.26 (5m) (b) of the statutes is amended to read:

SB21,1637,8 440.26 (5m) (b) The renewal dates for permits issued under this subsection are specified shall be as determined under s. 440.08 (2) (a) and (ag). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4394 Section 4394. 440.313 (1) of the statutes is amended to read:

SB21,1637,14 440.313 (1) The renewal date for licenses granted under this subchapter is specified in shall be as determined under s. 440.08 (2) (a) and (ag). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4395 Section 4395. Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

SB21,1637,17 CHAPTER 440

SB21,1637,18 SUBCHAPTER V

SB21,1637,19 PEDDLERS; PRIVATE schools

SB21,4396 Section 4396. 440.52 (title) of the statutes is created to read:

SB21,1637,21 440.52 (title) Private trade, business, technical, and other schools.

SB21,4397 Section 4397. 440.52 (7m) of the statutes is created to read:

SB21,1637,25 440.52 (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.

SB21,1638,3 (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.

SB21,1638,6 (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:

SB21,1638,9 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.

SB21,1638,11 2. The period for which the department's authorization is valid, which period may be no longer than 4 years.

SB21,1638,14 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.

SB21,1638,16 4. Criteria or standards, and a procedure, for a school to regain authorization after its authorization has been revoked.

SB21,1638,19 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.

SB21,1638,22 (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.

SB21,1638,25 (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:

SB21,1639,1 1. Fulfill any obligation of this state specified in 20 USC 1099a.

SB21,1639,6 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.

SB21,4398 Section 4398. 440.52 (11) (bm) of the statutes is created to read:

SB21,1639,15 440.52 (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.

SB21,4399 Section 4399. 440.63 (2) of the statutes is amended to read:

SB21,1640,2 440.63 (2) Applications; certification period. An application for initial certification or renewal or reinstatement of a certificate under this section shall be submitted to the department on a form provided by the department. An application for initial certification shall include the initial credential fee determined by the department under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08 (3) if the application is submitted late.

SB21,4400 Section 4400. 440.71 (3) of the statutes is amended to read:

SB21,1640,7 440.71 (3) Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4401 Section 4401. 440.88 (4) of the statutes is amended to read:

SB21,1640,18 440.88 (4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for certification as a substance abuse counselor, clinical supervisor, or prevention specialist is specified shall be as determined under s. 440.08 (2) (a) and (ag) and the renewal fee for such certifications is determined by the department under s. 440.03 (9) (a). Renewal of certification as a substance abuse counselor-in-training, a clinical supervisor-in-training, or a prevention specialist-in-training may be made only twice.

SB21,4402 Section 4402. 440.905 (1) of the statutes is amended to read:

SB21,1640,22 440.905 (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.

SB21,4403 Section 4403. 440.905 (2) of the statutes is amended to read:

SB21,1641,3 440.905 (2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.

SB21,4404 Section 4404. 440.91 (1) (c) 1. of the statutes is amended to read:

SB21,1641,11 440.91 (1) (c) 1. The renewal dates for licenses granted under par. (b) are specified in shall be as determined under s. 440.08 (2) (a) and (ag) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery.

SB21,4405 Section 4405. 440.91 (1m) (c) of the statutes is amended to read:

SB21,1641,16 440.91 (1m) (c) The renewal date and renewal fee for a registration granted under par. (b) are specified in shall be as determined under s. 440.08 (2) (a) and (ag). The department shall determine the renewal fee for a registration granted under par. (b) under s. 440.03 (9) (a).

SB21,4406 Section 4406. 440.91 (4) of the statutes is amended to read:

SB21,1641,21 440.91 (4) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4407 Section 4407. 440.92 (1) (c) of the statutes is amended to read:

SB21,1642,2 440.92 (1) (c) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4408 Section 4408. 440.92 (2) (d) of the statutes is amended to read:

SB21,1642,17 440.92 (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."

SB21,4409 Section 4409. 440.945 (5) (b) of the statutes is amended to read:

SB21,1643,3 440.945 (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.

SB21,4410 Section 4410. 440.966 (1) of the statutes is amended to read:

SB21,1643,8 440.966 (1) The renewal date for a certificate of registration issued under this subchapter is specified in shall be as determined under s. 440.08 (2) (a) and (ag), and the renewal fee for such certificate of registration is determined by the department under s. 440.03 (9) (a).

SB21,4411 Section 4411. 440.972 (2) of the statutes is amended to read:

SB21,1643,12 440.972 (2) The renewal date for certificates granted under this section is specified shall be as determined under s. 440.08 (2) (a) 38g. and (ag), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a).

SB21,4412 Section 4412. 440.98 (6) of the statutes is amended to read:

SB21,1643,19 440.98 (6) Applications. An application for a sanitarian registration under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for a sanitarian registration is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the renewal fee for such registration is determined by the department under s. 440.03 (9) (a).

SB21,4413 Section 4413. 440.983 (1) of the statutes is amended to read: