LRB-2560/1
MED:amn
2023 - 2024 LEGISLATURE
April 3, 2023 - Introduced by
Joint Legislative Council. Referred to Committee
on Licensing, Constitution and Federalism.
SB192,1,2
1An Act to amend 440.01 (1) (dm); and
to create 440.08 (2m) of the statutes;
2relating to: renewals of certain credentials.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This draft was prepared for the Joint
Legislative Council's Study Committee on Occupational Licenses.
Under current law, a two-year renewal period applies to many health and business
credentials administered by the Department of Safety and Professional Services (DSPS)
or a credentialing board. The renewal date is specified by statute, and is designated as
the date on which a credential expires and before which it must be renewed for the
credential holder to maintain the rights, privileges, and authority conferred by the
credential. The statute does not specify what it means to “be renewed,” particularly
whether a credential holder's submission of a complete renewal application satisfies the
renewal requirement or whether, instead, DSPS is required to have issued a
determination on a renewal application.
The bill revises the language regarding the effect of the renewal date to specify that
the renewal date is the date on which a credential expires and before which a credential
holder must submit a complete renewal application in order to maintain without
interruption the rights, privileges, and authority conferred by the credential.
The bill specifies that a renewal application is considered complete for purposes of
satisfying the renewal requirement only when the credential holder has submitted the
required fee and all forms and other documentation required for the renewal of that
credential. A credential holder who has submitted a complete renewal application is also
considered to have made timely and sufficient application for the renewal under a
separate provision in state law that delays expiration until the opportunity for review of
a denial expires or is otherwise resolved.
SB192,1
1Section
1. 440.01 (1) (dm) of the statutes is amended to read:
SB192,2,62
440.01
(1) (dm) “Renewal date" means the date
, specified in s. 440.08 (2), on
3which a credential expires and before which
it must be renewed for the
credential 4holder
must submit a complete renewal application under s. 440.08 (2m) (a) in order 5to maintain without interruption the rights, privileges and authority conferred by
6the credential.
SB192,2
7Section
2. 440.08 (2m) of the statutes is created to read:
SB192,2,118
440.08
(2m) Renewal generally. (a) A renewal application shall be considered
9complete only when the credential holder has submitted the fee required under sub.
10(2) (c) and all forms and other documentation required for the renewal of that
11credential.
SB192,2,1412
(b) A credential holder who has submitted a complete renewal application as
13provided in par. (a) has made timely and sufficient application for the renewal of the
14credential within the meaning of s. 227.51 (2).
