February 11, 2020 - Introduced by Law Revision Committee. Referred to
Committee on Senate Organization.
SB806,1,11 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.
SB806,1 1Section 1. 71.07 (5r) (a) 2. of the statutes is amended to read:
SB806,3,42 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.
SB806,2 5Section 2 . 71.28 (5r) (a) 2. of the statutes is amended to read:
SB806,4,2
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.”
SB806,3 3Section 3 . 71.47 (5r) (a) 2. of the statutes is amended to read:
SB806,4,54 71.47 (5r) (a) 2. “Course of instruction" has the meaning given in s. 440.52 (1)
5(c)
71.07 (5r) (a) 2.
SB806,4 6Section 4. 145.26 (1) of the statutes is amended to read:
SB806,4,167 145.26 (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.
SB806,5 17Section 5. 227.21 (2) (b) of the statutes is amended to read:
SB806,5,218 227.21 (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.
SB806,6 3Section 6. 440.08 (2) (am) of the statutes is created to read:
SB806,5,94 440.08 (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.
SB806,7 10Section 7 . 440.52 (1) (b) of the statutes is renumbered 440.52 (1) (dm) 1. and
11amended to read:
SB806,5,1412 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.”
SB806,8 15Section 8. 440.52 (1) (c) of the statutes is renumbered 440.52 (1) (dm) 2. and
16amended to read:
SB806,5,1917 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.
SB806,9 20Section 9 . 440.52 (1) (dm) (intro.) of the statutes is created to read:
SB806,6,2
1440.52 (1) (dm) (intro.) Except in par. (e) 9. and 10., “program" means any of
2the following:
SB806,10 3Section 10 . 440.52 (1) (e) 3. of the statutes is amended to read:
SB806,6,54 440.52 (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.”
SB806,11 6Section 11. 440.52 (1) (e) 5. of the statutes is amended to read:
SB806,6,87 440.52 (1) (e) 5. Courses Programs conducted by employers exclusively for their
8employees.
SB806,12 9Section 12. 440.52 (1) (e) 6. of the statutes is amended to read:
SB806,6,1110 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.
SB806,13 12Section 13. 440.52 (2) of the statutes is amended to read:
SB806,6,1913 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.
SB806,14 20Section 14. 440.52 (7) (intro.) of the statutes is amended to read:
SB806,7,321 440.52 (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:
SB806,15 4Section 15. 440.52 (7) (a) of the statutes is amended to read:
SB806,7,75 440.52 (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.
SB806,16 8Section 16. 440.52 (7) (c) of the statutes is amended to read:
SB806,7,119 440.52 (7) (c) Establish rules, standards, and criteria to prevent fraud and
10misrepresentation in the sale and advertising of courses and courses of instruction
11programs.
SB806,17 12Section 17. 440.52 (7) (e) of the statutes is amended to read:
SB806,7,1513 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.
SB806,18 16Section 18. 440.52 (7) (f) of the statutes is amended to read:
SB806,7,2117 440.52 (7) (f) Require schools offering courses and courses of instruction
18programs to residents of this state to furnish information concerning their facilities,
19curricula, instructors, enrollment policies, tuition and other charges and fees, refund
20policies, and policies concerning negotiability of promissory instruments received in
21payment of tuition and other charges.
SB806,19 22Section 19. 440.52 (7) (g) of the statutes is amended to read:
SB806,8,423 440.52 (7) (g) Approve courses of instruction programs, schools, changes of
24ownership or control of schools, and teaching locations meeting the requirements
25and standards established by the department and complying with rules promulgated

1by the department; publish a list of the schools and courses of instruction programs
2approved and a list of the schools that are authorized to use the term “college,"
3“university," “state," or “Wisconsin" in their names; and make those lists of the
4schools available on the department's Internet site.
SB806,20 5Section 20. 440.52 (8) (a) of the statutes is amended to read:
SB806,8,126 440.52 (8) (a) In general. No solicitor representing any school offering any
7course or course of instruction program shall sell any course or course of instruction
8program or solicit students for a course or course of instruction program in this state
9for a consideration or remuneration, except upon the actual business premises of the
10school, unless the solicitor first secures a solicitor's permit from the department. If
11the solicitor represents more than one school, a separate permit shall be obtained for
12each school the solicitor represents.
SB806,21 13Section 21. 440.52 (8) (c) 3. of the statutes is amended to read:
SB806,8,1614 440.52 (8) (c) 3. Presenting information to prospective students relating to the
15school, a course, or a course of instruction program that is false, fraudulent, or
16misleading.
SB806,22 17Section 22 . 440.52 (8) (g) of the statutes is amended to read:
SB806,8,2218 440.52 (8) (g) Recovery on contracts. No recovery shall be had by any school or
19its assignee on any contract for or in connection with a course or course of instruction
20program if the representative who sold or solicited the course program was not the
21holder of a solicitor's permit under this subsection at the time of the sale or
22solicitation.
SB806,23 23Section 23 . 440.52 (10) (a) of the statutes is amended to read:
SB806,9,924 440.52 (10) (a) Authority. All proprietary schools shall be examined and
25approved by the department before operating in this state. Approval shall be granted

1to schools meeting the criteria established by the department for a period not to
2exceed one year. No school may advertise in this state unless approved by the
3department. All approved schools shall submit quarterly reports, including
4information on enrollment, number of teachers and their qualifications, course
5offerings
programs, number of graduates, number of graduates successfully
6employed, and such other information as the department considers necessary. If a
7school closure results in losses to students, parents, or sponsors, the department may
8authorize the full or partial payment of those losses from the appropriation under s.
920.165 (1) (jt).
Note: This Section replaces “course offerings” with “programs.”
SB806,24 10Section 24 . 440.52 (10) (b) of the statutes is amended to read:
SB806,9,1711 440.52 (10) (b) Application. Application for initial approval of a school or a
12course of instruction program, approval of a teaching location, change of ownership,
13or control of a school, renewal of approval of a school or reinstatement of approval
14of a school or course of instruction program that has been revoked shall be made on
15a form furnished by the department and shall be accompanied by a fee set by the
16department under par. (c) and any other information as the department considers
17necessary to evaluate the school in carrying out the purpose of this section.
SB806,25 18Section 25 . 440.52 (13) (a) 1. of the statutes is amended to read:
SB806,9,2219 440.52 (13) (a) 1. “Academic credential" means a degree, transcript, certificate,
20or other similar document that indicates the completion of a program , course, or
21course of instruction
leading to, or the earning of academic credit toward, the
22granting of an associate, baccalaureate, or graduate degree.
SB806,26 23Section 26 . 448.05 (5r) of the statutes is amended to read:
SB806,10,8
1448.05 (5r) Certificate as respiratory care practitioner. An applicant for a
2certificate or a temporary certificate to practice respiratory care shall submit
3evidence satisfactory to the board that the applicant is a graduate of a school with
4a course of instruction in respiratory care approved by the commission on
5accreditation of allied health education programs of the American Medical
6Association
Joint Review Committee on Education in Respiratory Care or the
7Commission on Accreditation for Respiratory Care or the successor organization of
8any of the foregoing
.
Note: This Section changes the names of the bodies that approve courses of
instruction in respiratory care.
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