SB 233 — Relating to: procedures for granting credentials granted by the Department of Safety and Professional Services and credentialing boards, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures. (FE)

- 2022 LEGISLATURE LRBa0580/1LRB-0358/1 KP:cdcKP:amn SENATE AMENDMENT 1, TO SENATE BILL 233 JuneMarch 2,24, 2021 - OfferedIntroduced by SenatoOOYENGA.Senators K OOYENGA , JOHNSON , M ARKLEIN, STROEBEL , .TAYLORand W IMBERGER, cosponsored by RepresentativesETRYK, H AYWOOD, B OWEN , DALLMAN , DITTRIC, C ABRAL-GUEVARA , JAMES, KNODL , M OSES, MURSAU, ROZAR, STEFFEN, TUBBS , UBECK , ANDER MEER , WICHGERS, PRONSCHINSKE , IMMERMAN and SPIROS.

AtReferred theto locationsCommittee indicated,on amendInsurance, theLicensing billand asForestry. follows:

A N A CT to renumber and amend 440.03 (13) (a);

to amend 440.035 (1m) (intro.), 440.035 (1m) (b) and 440.035 (2);

and to create 440.03 (13) (a) 2., 440.03 (13) (e), 440.035 (1p) and 440.035 (1r) of the statutes;

relating to:

procedures for granting credentials granted by the Department of Safety and Professional Services and credentialing boards, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau This bill makes a number of changes regarding the process for the granting of professional credentials by the Department of Safety and Professional Services and credentialing boards in DSPS, including all of the following:

PageThe 3,bill lineexplicitly 2:allows a credentialing board to delegate authority to DSPS to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and authority to grant or deny a credential in accordance with that determination.

after “review." insert “If the department forwards an application under this subd.

a.,Once doesan notapplication recommendfor furthera reviewcredential ofis theconsidered application,complete andfollowing recommendsan thatinvestigation theconducted applicationby beDSPS, approvedDSPS ormust, approvedfor witha limitations,credential thethat departmentis shallgranted notifyby thea credentialing board, either 1) forward the application to the board or credentialingthe board's designee with DSPS's recommendation regarding approval or denial of the date- on2022 whichLegislature the- 2 - LRB-0358/1 KP:amn SENATE BILL 233 application isor forwarded2) andif DSPS has been delegated the dateauthority to make a determination on whichthe application, directly approve or deny the application wouldin beaccordance consideredwith approvedits underdetermination. s.

440.035If (1r)DSPS forwards an application to the board or the board's designee with a recommendation that it be approved, the bill requires that the application be considered automatically approved by the board on the tenth business day thereafter, unless anythingthe specifiedapplication inis s.acted on sooner or unless the board or its designee takes certain other actions before that date.

440.035For (1r)further (a)information tosee (d)the occursstate priorfiscal estimate, which will be printed as an appendix to thatthis date.".bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

440.03 (13) (a) of the statutes is renumbered 440.03 (13) (a) 1.

and amended to read:

440.03 (13) (a) 1.

The department may conduct an investigation to determine whether an applicant for a credential satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record.

In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars.

(b) and (c).

Once all required information has been received and the department has completed its investigation, the application shall be considered complete.

SECTION 2.

440.03 (13) (a) 2.

of the statutes is created to read:

440.03 (13) (a) 2.

Once an application is considered complete following an investigation as provided in subd.

1., the department shall, for a credential that is granted by a credentialing board, do one of the following:

a.

Forward the application to the credentialing board or the credentialing board's designee with the results of the department's investigation and a LRB-0358/1 - 2022 Legislature - 3 - KP:amn SECTION 2 SENATE BILL 233 recommendation on whether to approve the application, approve the application with limitations, deny the application, or conduct further review.

b.

In accordance with authority delegated to the department under s.

440.035 (1p), approve the application, approve the application with limitations, or deny the application.

SECTION 3.

440.03 (13) (e) of the statutes is created to read:

440.03 (13) (e) After the department submits under par.

(a) 2.

a.

a completed application for a credential to a credentialing board or the designee of the credentialing board, for which the department recommends approval or approval with limitations and does not recommend any further review by the credentialing board or the credentialing board's designee, the department may notify the applicant that, unless anything specified in s.

440.035 (1r) (a) to (d) occurs prior to that date, the application will be considered to have been approved by the credentialing board in accordance with the department's recommendation on the 10th business day following the date of submission and the credential will be issued no later than the 10th business day following that date.