SB 806

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:

Incorporation by reference of technical standards into rules

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.

Regulation of private postsecondary schools

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.

Appraisal management companies

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