Date of enactment:
2023 Assembly Bill 203 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 440.01 (1) (dm); and to create 440.08 (2m) of the statutes; relating to: renewals of certain creden-
tials.
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 Com-
mittee 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 submis-
sion 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 sub-
mitted 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 other-
wise resolved.
SECTION 1. 440.01 (1) (dm) of the statutes is
amended to read:
440.01 (1) (dm) “Renewal date” means the date,
specified in s. 440.08 (2), on which a credential expires
and before which it must be renewed for the credential
holder must submit a complete renewal application under
s. 440.08 (2m) (a) in order to maintain without interrup-
tion the rights, privileges and authority conferred by the
credential.
SECTION 2. 440.08 (2m) of the statutes is created to
read:
440.08 (2m) RENEWAL GENERALLY. (a) A renewal
application shall be considered complete only when the
credential holder has submitted the fee required under
sub. (2) (c) and all forms and other documentation
required for the renewal of that credential.
(b) A credential holder who has submitted a complete
renewal application as provided in par. (a) has made
timely and sufficient application for the renewal of the
credential within the meaning of s. 227.51 (2).
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”