SB21: Bill Text

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:

SB21,1643,25 440.983 (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).

SB21,4414 Section 4414. 440.992 (6) of the statutes is repealed.

SB21,4415 Section 4415. 440.9935 of the statutes is amended to read:

SB21,1644,7 440.9935 Renewal. The renewal date for certificates 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 certificates is 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.

SB21,4416 Section 4416. 441.01 (7) (a) 2. of the statutes is amended to read:

SB21,1644,11 441.01 (7) (a) 2. Pay a nursing workforce survey fee of $4. All moneys received under this subdivision shall be deposited into the general fund and credited to the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

SB21,4417 Section 4417. 441.06 (3) of the statutes is amended to read:

SB21,1644,17 441.06 (3) A registered nurse practicing for compensation shall, on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag), submit to the board on furnished forms a statement giving name, residence, and other facts that the board requires, with the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4418 Section 4418. 441.10 (3) (b) of the statutes is amended to read:

SB21,1645,2 441.10 (3) (b) On or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag), a licensed practical nurse practicing for compensation shall submit to the board, on forms furnished by the department, an application for license renewal, together with a statement giving name, residence, nature and extent of practice as a licensed practical nurse during the prior year and prior unreported years, the nursing workforce survey and fee required under s. 441.01 (7), and other facts bearing upon current competency that the board requires, accompanied by the applicable license renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4419 Section 4419. 441.15 (3) (b) of the statutes is amended to read:

SB21,1645,16 441.15 (3) (b) On or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag), a person issued a license under par. (a) and practicing nurse-midwifery shall submit to the board on furnished forms a statement giving his or her name, residence, the nursing workforce survey and fee required under s. 441.01 (7), and other information that the board requires by rule, with the applicable renewal fee determined by the department under s. 440.03 (9) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (bm). The board shall grant to a person who pays the fee determined by the department under s. 440.03 (9) (a) for renewal of a license to practice nurse-midwifery and who satisfies the requirements of this paragraph the renewal of his or her license to practice nurse-midwifery and the renewal of his or her license to practice as a registered nurse.

SB21,4420 Section 4420. 442.083 of the statutes is amended to read:

SB21,1645,24 442.083 Renewal. The renewal dates for licenses issued under this chapter are specified 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). The department may not renew a license issued to a firm unless, at the time of renewal, the firm satisfies the requirements under s. 442.08 (2) and demonstrates, to the satisfaction of the department, that the firm has complied with the requirements under s. 442.087.

SB21,4421 Section 4421. 443.07 (6) of the statutes is amended to read:

SB21,1646,3 443.07 (6) The renewal date for permits under this section is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the fee for renewal of such permits is determined by the department under s. 440.03 (9) (a).

SB21,4422 Section 4422. 443.08 (3) (b) of the statutes is amended to read:

SB21,1646,8 443.08 (3) (b) The renewal date for certificates of authorization under this section is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the fee for renewal of such certificates is determined by the department under s. 440.03 (9) (a).

SB21,4423 Section 4423. 443.10 (2) (e) of the statutes is amended to read:

SB21,1646,13 443.10 (2) (e) The renewal date for certificates of registration for architects, landscape architects, and professional engineers is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the fee for renewal of such certificates is determined by the department under s. 440.03 (9) (a).

SB21,4424 Section 4424. 443.10 (5) of the statutes is amended to read:

SB21,1646,19 443.10 (5) Fees; renewals. The professional land surveyor section shall grant a license to engage in the practice of professional land surveying to any applicant who has met the applicable requirements of this chapter. The renewal date for the license is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the renewal fee for the license is determined by the department under s. 440.03 (9) (a).

SB21,4425 Section 4425. 443.10 (6) of the statutes is amended to read:

SB21,1646,24 443.10 (6) Roster. A roster showing the names and mailing addresses of all registered surveyors shall be prepared annually by the secretary and made available for purchase at cost, and a copy shall be placed on file with the department of financial institutions.

SB21,4426 Section 4426. 444.04 of the statutes is amended to read:

SB21,1647,10 444.04 Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

SB21,4427 Section 4427. 444.14 of the statutes is amended to read:

SB21,1647,19 444.14 Sham contests; contestants penalized; forfeitures; hearing. The department shall ban a contestant who participates in any sham or fake professional contest or amateur mixed martial arts fighting contest or violates any rule promulgated by the department, and may require the contestant, the contestant's manager, or the promoter of the contest to forfeit an amount determined by the department, but not more than $500. Fifty percent of all forfeitures collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (im).

SB21,4428 Section 4428. 445.06 of the statutes is amended to read: