AB884,1,11 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).

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:

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.

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.

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.

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.

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.