1 | 1 | | LRB-2560/1 |
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2 | 2 | | MED:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 192 |
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5 | 5 | | April 3, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee |
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6 | 6 | | on Licensing, Constitution and Federalism. |
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7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
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8 | 8 | | AN ACT to amend 440.01 (1) (dm); and to create 440.08 (2m) of the statutes; |
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9 | 9 | | relating to: renewals of certain credentials. |
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10 | 10 | | Analysis by the Legislative Reference Bureau |
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11 | 11 | | This bill is explained in the NOTES provided by the Joint Legislative Council in |
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12 | 12 | | the bill. |
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13 | 13 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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14 | 14 | | enact as follows: |
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15 | 15 | | JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This draft was prepared for the Joint |
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16 | 16 | | Legislative Council's Study Committee on Occupational Licenses. |
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17 | 17 | | Under current law, a two-year renewal period applies to many health and business |
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18 | 18 | | credentials administered by the Department of Safety and Professional Services (DSPS) |
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19 | 19 | | or a credentialing board. The renewal date is specified by statute, and is designated as |
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20 | 20 | | the date on which a credential expires and before which it must be renewed for the |
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21 | 21 | | credential holder to maintain the rights, privileges, and authority conferred by the |
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22 | 22 | | credential. The statute does not specify what it means to “be renewed,” particularly |
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23 | 23 | | whether a credential holder's submission of a complete renewal application satisfies the |
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24 | 24 | | renewal requirement or whether, instead, DSPS is required to have issued a |
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25 | 25 | | determination on a renewal application. |
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26 | 26 | | The bill revises the language regarding the effect of the renewal date to specify that |
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27 | 27 | | the renewal date is the date on which a credential expires and before which a credential |
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28 | 28 | | holder must submit a complete renewal application in order to maintain without |
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29 | 29 | | interruption the rights, privileges, and authority conferred by the credential. |
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30 | 30 | | The bill specifies that a renewal application is considered complete for purposes of |
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31 | 31 | | satisfying the renewal requirement only when the credential holder has submitted the |
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32 | 32 | | 1 |
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33 | 33 | | 2 - 2 -2023 - 2024 Legislature LRB-2560/1 |
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34 | 34 | | MED:amn |
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35 | 35 | | SENATE BILL 192 |
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36 | 36 | | required fee and all forms and other documentation required for the renewal of that |
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37 | 37 | | credential. A credential holder who has submitted a complete renewal application is also |
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38 | 38 | | considered to have made timely and sufficient application for the renewal under a |
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39 | 39 | | separate provision in state law that delays expiration until the opportunity for review of |
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40 | 40 | | a denial expires or is otherwise resolved. |
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41 | 41 | | SECTION 1. 440.01 (1) (dm) of the statutes is amended to read: |
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42 | 42 | | 440.01 (1) (dm) “Renewal date" means the date, specified in s. 440.08 (2), on |
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43 | 43 | | which a credential expires and before which it must be renewed for the credential |
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44 | 44 | | holder must submit a complete renewal application under s. 440.08 (2m) (a) in order |
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45 | 45 | | to maintain without interruption the rights, privileges and authority conferred by |
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46 | 46 | | the credential. |
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47 | 47 | | SECTION 2. 440.08 (2m) of the statutes is created to read: |
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48 | 48 | | 440.08 (2m) RENEWAL GENERALLY. (a) A renewal application shall be considered |
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49 | 49 | | complete only when the credential holder has submitted the fee required under sub. |
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50 | 50 | | (2) (c) and all forms and other documentation required for the renewal of that |
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51 | 51 | | credential. |
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52 | 52 | | (b) A credential holder who has submitted a complete renewal application as |
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53 | 53 | | provided in par. (a) has made timely and sufficient application for the renewal of the |
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54 | 54 | | credential within the meaning of s. 227.51 (2). |
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55 | 55 | | (END) |
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