(1-3) (4-6) (8-20)16 BAC 009 – Huan Tran Huynh MOTION: Lori Paul moved, seconded by Denise Trokan, to accept the Findings of Fact, Conclusions of Law and Order in the matter of disciplinary

Wisconsin Department of Safety and Professional Services Division of Policy Development

1400 East Washington Avenue

PO Box 8366 Madison WI 53708-8366

Phone: 608-266-2112

Web: http://dsps.wi.gov

Email: [email protected]

Scott Walker, Governor

Laura Gutiérrez, Secretary

COSMETOLOGY EXAMINING BOARD TELECONFERENCE

Room 121A, 1400 East Washington Avenue, Madison

Contact: Erin Karow (608) 266-2112

December 15, 2017

The following agenda describes the issues that the Board plans to consider at the meeting. At the time

of the meeting, items may be removed from the agenda. Please consult the meeting minutes for a record

of the actions of the Board.

AGENDA

9:30 AM

OPEN SESSION – CALL TO ORDER – ROLL CALL

A. Adoption of Agenda (1-3)

B. Approval of Minutes – November 6, 2017 (4-6)

C. Administrative Matters – Discussion and Consideration

1. Board and Staff Updates

2. DSPS Website Notification Updates

3. Credentialing Update Regarding 2017 Wisconsin Act 82

D. National-Interstate Council of State Boards of Cosmetology (NIC) Model Law

E. Informational Items

F. Legislative and Administrative Rule Matters – Discussion and Consideration (8-20) 1. Scope Statement request relating to 2017 Act 81 and 2017 Act 82

2. Petition for Repeal of Rules under the Expedited Rule Real Process provided by 2017 Act

108

3. 2017 Act 81

4. 2017 Act 82

5. Update on Legislation and Pending and Possible Rulemaking Projects

G. Speaking Engagements, Travel, or Public Relation Requests

H. Deliberation on Items Added After Preparation of Agenda

1. Introductions, Announcements and Recognition

2. Election of Board Officers

3. Appointment of Board Liaison(s)

4. Administrative Matters

5. Education and Examination Matters

6. Credentialing Matters

7. Practice Matters

8. Liaison Reports

1

http://dsps.wi.gov/

mailto:[email protected]

9. Informational Items

10. Disciplinary Matters

11. Speaking Engagements, Travel, or Public Relation Requests

I. Public Comments

CONVENE TO CLOSED SESSION to deliberate on cases following hearing (s. 19.85(1)(a),

Stats.); to consider licensure or certification of individuals (s. 19.85(1)(b), Stats.); to consider

closing disciplinary investigations with administrative warnings (ss. 19.85 (1)(b), and 440.205,

Stats.); to consider individual histories or disciplinary data (s. 19.85 (1)(f), Stats.); and to confer

with legal counsel (s. 19.85(1)(g), Stats.).

J. Monitoring Matters

K. Deliberation on Division of Legal Services and Compliance (DLSC) Matters (21-38) 1. Case Closings

a) 15 BAC 089 & 16 BAC 017 – G.C., B.C.

b) 17 BAC 047 – O.C., J.M.

2. Proposed Stipulation and Final Decision and Order

a) 15 BAC 089 & 16 BAC 017 – Gaulien L. Smith and Gees Clippers

L. Deliberation of Items Added After Preparation of the Agenda

1. Education and Examination Matters

2. Credentialing Matters

3. Disciplinary Matters

4. Monitoring Matters

5. Professional Assistance Procedure (PAP) Matters

6. Petitions for Summary Suspension

7. Petitions for Designation of Hearing Examiner

8. Proposed Stipulations, Final Decision(s) and Order(s)

9. Administrative Warnings

10. Review of Administrative Warnings

11. Proposed Final Decisions and Orders

12. Orders Fixing Costs/Matters Related to Costs

13. Case Closings

14. Proposed Interim Orders

15. Petitions for Assessments and Evaluations

16. Petitions to Vacate Orders

17. Remedial Education Cases

18. Motions

19. Petitions for Re-hearings

20. Appearances from Requests Received or Renewed

M. Consulting with Legal Counsel

RECONVENE TO OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

N. Vote on Items Considered or Deliberated Upon in Closed Session, if Voting is Appropriate

ADJOURNMENT

NEXT MEETING: FEBRUARY 5, 2018

************************************************************************************

2

MEETINGS AND HEARINGS ARE OPEN TO THE PUBLIC, AND MAY BE CANCELLED

WITHOUT NOTICE.

Times listed for meeting items are approximate and depend on the length of discussion and voting. All meetings

are held at 1400 East Washington Avenue, Madison, Wisconsin, unless otherwise noted. In order to confirm a

meeting or to request a complete copy of the board’s agenda, please call the listed contact person. The board may

also consider materials or items filed after the transmission of this notice. Times listed for the commencement of

disciplinary hearings may be changed by the examiner for the convenience of the parties. Interpreters for the hearing

impaired provided upon request by contacting the Affirmative Action Officer, 608-266-2112.

3

Cosmetology Examining Board

November 6, 2017

Page 1 of 3

COSMETOLOGY EXAMINING BOARD

MEETING MINUTES

November 6, 2017

PRESENT: Kristin Allison (via GoToMeeting), Vicky McNally, Lori Paul, Kim Rank, Gail

Sengbusch, Denise Trokan

STAFF: Erin Karow, Executive Director; Kimberly Wood, Program Assistant Supervisor-

Adv.; and other department staff.

CALL TO ORDER

Vicky McNally, Chair, called the meeting to order at 9:31 a.m. A quorum of six (6) members was

confirmed.

ADOPTION OF AGENDA

Amendments:

• Open Session – Remove: “Item E. Informational Items – 1. Update on Tamara

Johnson, Georgia Senate Race”

• Open Session – Add: “2017 WI Act 59” under “Legislative and Administrative

Rule Matters” before “Update on Legislation and Pending and Possible

Rulemaking Projects”

MOTION: Lori Paul moved, seconded by Denise Trokan, to adopt the agenda as

amended. Motion carried unanimously.

APPROVAL OF MINUTES

MOTION: Gail Sengbusch moved, seconded by Lori Paul, to approve the minutes of

September 11, 2017 as published. Motion carried unanimously.

CLOSED SESSION

MOTION: Lori Paul moved, seconded by Kim Rank, to convene to closed session to

deliberate on cases following hearing (s. 19.85(1)(a), Stats.); to consider

licensure or certification of individuals (s. 19.85 (1)(b), Stats.); to consider

closing disciplinary investigation with administrative warning (ss.19.85(1)(b),

Stats. and 440.205, Stats.); to consider individual histories or disciplinary data

(s. 19.85 (1)(f), Stats.); and, to confer with legal counsel (s.19.85(1)(g),

Stats.). The Chair read the language of the motion. The vote of each member

was ascertained by voice vote. Roll Call Vote: Kristin Allison–yes; Vicky

McNally–yes; Lori Paul–yes; Kim Rank–yes; Gail Sengbusch–yes; Denise

Trokan–yes. Motion carried unanimously.

The Board convened into closed session at 10:08 a.m.

RECONVENE TO OPEN SESSION

4


November 6, 2017

Page 2 of 3

MOTION: Lori Paul moved, seconded by Denise Trokan, to reconvene into open session.

Motion carried unanimously.

The Board reconvened into Open Session at 10:24 a.m.

VOTING ON ITEMS CONSIDERED OR DELIBERATED ON IN CLOSED SESSION

MOTION: Denise Trokan moved, seconded by Gail Sengbusch, to affirm all motions

made in closed session. Motion carried unanimously.

(Be advised that any recusals or abstentions reflected in the closed session motions stand for the

purposes of the affirmation vote.)

MONITORING MATTERS

Heidi Gehle – Requesting Payment Plan

MOTION: Vicky McNally moved, seconded by Lori Paul, to grant the request of Heidi

Gehle for a payment plan of $50.00 per month. Motion carried unanimously.

Cornell Stallworth – Requesting Termination of Suspension

MOTION: Vicky McNally moved, seconded by Lori Paul, to deny the request of Cornell

Stallworth for termination of suspension. Reason for Denial: Failure to pay

cost pursuant to Wis. Stat. s. 440.22(3). Motion carried unanimously.

DELIBERATION ON DIVISION OF LEGAL SERVICES AND COMPLIANCE (DLSC)

MATTERS

Proposed Stipulations, Final Decision(s) and Order(s)

16 BAC 009 – Huan Tran Huynh

MOTION: Lori Paul moved, seconded by Denise Trokan, to accept the Findings of Fact,

Conclusions of Law and Order in the matter of disciplinary proceedings

against Huan Tran Huynh, DLSC Case No. 16 BAC 009. Motion carried

unanimously.

Case Closings

MOTION: Gail Sengbusch moved, seconded by Kim Rank, to close the following cases

according to the recommendations by the Division of Legal Services and

Compliance:

1. 16 BAC 009 (L.P.T.T., H.N.P., M.X.T., T.M.P., N.T.P., T.T.P., N.N.P.,

T.K.Q.P., N.T.T.L., T.D., M.K.N., K.L.N., T.T.L., X.L.T.P., T.V.H.,

V.T.B., H.B.P., V.B.L., A.T.H., N.T.H.L., H.N.T.N., N.C.T.L., V.V.V.,

L.T.P., K.D.T.P., T.Q.L., D.M.P., R.H., T.T.H., T.V.L., Q.T.T.P.,

N.T.M.N., A.K.T., T.Y.H., M.T.H., Q.C.H., D.H.V.) – Insufficient

Evidence

5


November 6, 2017

Page 3 of 3

2. 16 BAC 059 (C.S.B.B.) – Prosecutorial Discretion (P2)

3. 16 BAC 059 (E.B.B.S., O.F., T.O.H.K., C.I.B.S., M.F., T.M., M.B.,

M.C.D.B.S.) – Insufficient Evidence

4. 16 BAC 088 (T.T.T. and G.D.P.) – No Violation

5. 16 BAC 088 (D.S.) – Lack of Jurisdiction (L2)


ADJOURNMENT

MOTION: Kim Rank moved, seconded by Gail Sengbusch, to adjourn the meeting.


The meeting adjourned at 10:25 a.m.

6

State of Wisconsin Department of Safety & Professional Services

Revised 12/2016

AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Greg DiMiceli Administrative Rules Coordinator

2) Date When Request Submitted: December 8, 2017

Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting

3) Name of Board, Committee, Council, Sections: Cosmetology Examining Board

4) Meeting Date: December 15, 2017

5) Attachments:

Yes

No

6) How should the item be titled on the agenda page? Legislative and Administrative Rule Matters – Discussion and Consideration

1) Scope statement request relating to 2017 Act 81 and 2017 Act 82

2) Petition for Repeal of Rules under the Expedited Rule Repeal Process provided by 2017 Act 108

3) 2017 WI Act 81 4) 2017 WI Act 82 5) Update on pending and possible rulemaking projects

7) Place Item in:

Open Session

Closed Session

8) Is an appearance before the Board being scheduled?

Yes (Fill out Board Appearance Request)

No

9) Name of Case Advisor(s), if required:

10) Describe the issue and action that should be addressed: Discuss 2017 Act 81 and 2017 Act 82 with the Board along with available options to bring Cos 1-11 into alignment with the requirements of these legislative acts including a possible scope statement and a possible petition for repeal of rules under the expeditated rule repeal process of 2017 Act 108.

11) Authorization Signature of person making this request Date

Greg DiMiceli December 8, 2017

Supervisor (if required) Date

Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date

7

https://dsps.connectus.wisconsin.gov/PolicyDevelopment/Shared%20Documents/Agenda%20and%20Appearance%20Forms/Board%20Appearance%20Request%20Form.doc

State of Wisconsin Department of Safety & Professional Services

Revised 12/2016

Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.

8

Date of enactment: November 27, 2017

2017 Senate Bill 108 Date of publication*: November 28, 2017

2017 WISCONSIN ACT 81

AN ACT to repeal 454.12 (2); to consolidate, renumber and amend 454.12 (intro.) and (1); to amend 454.06 (8),

454.13 (1) (a), 454.23 (5) and 454.27 (1) (a); to repeal and recreate 454.265; and to create 454.125 and 454.267 of

the statutes; relating to: cosmetology and barbering continuing education requirements and licensure of barbers,

cosmetologists, and related professionals from jurisdictions outside Wisconsin.

The people of the state of Wisconsin, represented in

senate and assembly, do enact as follows:

SECTION 1d. 454.06 (8) of the statutes is amended to

read:

454.06 (8) EXPIRATION AND RENEWAL. The renewal

date for licenses issued under subs. (2) to (6) is specified

under s. 440.08 (2) (a), and the renewal fees for such

licenses are determined by the department under s.

440.03 (9) (a). The examining board may not renew a

license issued to a person under subs. (2) to (6) unless the

person certifies to the examining board that the person

has reviewed the current digest under s. 454.125.

SECTION 1h. 454.12 (intro.) and (1) of the statutes are

consolidated, renumbered 454.12 and amended to read:

454.12 Continuing education. The examining

board may impose continuing education requirements on

a person who holds a license under this subchapter that

is not an inactive license either: (1) As as a part of the dis-

ciplinary process to ensure competency; or.

SECTION 1p. 454.12 (2) of the statutes is repealed.

SECTION 1t. 454.125 of the statutes is created to read:

454.125 Regulatory updates. (1) At the time the

department gives notice of renewal under s. 440.08 (1),

the department shall send, by electronic mail, to each per-

son granted a license under s. 454.06 (2) to (6) a digest

that describes changes to statutes and rules that affect the

practice of cosmetology, aesthetics, manicuring, or elec-

trology.

(2) The department shall make available at all times

on its Internet site the digest described in sub. (1).

SECTION 2m. 454.13 (1) (a) of the statutes is

amended to read:

454.13 (1) (a) The applicant has at least 4,000 hours

of experience in licensed practice completes a one−hour

course educating the applicant on statutes and rules that

apply to the practice, has never been disciplined by the

licensing authority of another jurisdiction, and is not a

party to a proceeding before the licensing agency in

which it is alleged that the applicant was negligent in the

licensed practice or violated the law relating to the

licensed practice.

SECTION 3e. 454.23 (5) of the statutes is amended to

read:


dates for licenses granted under subs. (2) and (3) are spec-

ified under s. 440.08 (2) (a), and the renewal fees for

those licenses are determined by the department under s.

440.03 (9) (a). The department may not renew a license

granted to a person under this section unless the person

* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’spartial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”

9

− 2 −2017 Wisconsin Act 81 2017 Senate Bill 108

certifies to the department that the person has reviewed

the current digest under s. 454.267.

SECTION 3m. 454.265 of the statutes is repealed and

recreated to read:

454.265 Continuing education. The department

may impose continuing education requirements on a per-

son who holds a license under this subchapter that is not

an inactive license as a part of the disciplinary process to

ensure competency.

SECTION 3s. 454.267 of the statutes is created to read:

454.267 Regulatory updates. (1) At the time the

department gives notice of renewal under s. 440.08 (1),

the department shall send, by electronic mail, to each per-

son granted a license under s. 454.23 a digest that

describes changes to statutes and rules that affect the

practice of barbering.

(2) The department shall make available at all times

on its Internet site the digest described in sub. (1).

SECTION 4m. 454.27 (1) (a) of the statutes is

amended to read:

454.27 (1) (a) The applicant has at least 4,000 hours

of experience in licensed practice completes a one−hour

course educating the applicant on statutes and rules that

apply to the practice, has never been disciplined by the

licensing authority of another jurisdiction, and is not a

party to a proceeding before the licensing agency in

which it is alleged that the applicant was negligent in the

licensed practice or violated any law relating to the

licensed practice.

SECTION 5.0Initial applicability.

(1) This act first applies to an application for licen-

sure under section 454.13 of the statutes received by the

cosmetology examining board on the effective date of

this subsection or an application for licensure under sec-

tion 454.27 of the statutes received by the department of

safety and professional services on the effective date of

this subsection.

10


2017 Senate Bill 109 Date of publication*: November 28, 2017


AN ACT to repeal 440.03 (13) (b) 15., 440.03 (13) (b) 19s., 440.08 (2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18.,

440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag)

3., 440.62 (3) (ar) 3., 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22

(1) (g), 454.23 (3) and 454.25 (1) (a); to amend 440.62 (5) (a), 440.63 (1), 440.63 (2), 440.635, 440.64 (3) (b) (intro.),

440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06

(4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08 (6), 454.10

(3) (a), 454.13 (1) (intro.), 454.13 (2), 454.22 (2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25

(1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.) and 454.287; and to create 440.63 (1m), 454.08 (1)

(ag), 454.08 (1) (ar), 454.25 (1) (ag) and 454.25 (1) (ar) of the statutes; relating to: practicing barbering and cosme-

tology outside licensed establishments, regulating barbering and cosmetology managers, instructor certificates for

barbering, cosmetology, and related professions, and granting rule−making authority.



SECTION 3. 440.03 (13) (b) 15. of the statutes is

repealed.

SECTION 5. 440.03 (13) (b) 19s. of the statutes is

repealed.

SECTION 8. 440.08 (2) (a) 7. of the statutes is

repealed.


repealed.


repealed.

SECTION 11. 440.08 (2) (a) 24g. of the statutes is

repealed.

SECTION 12. 440.08 (2) (a) 24i. of the statutes is

repealed.


repealed.


repealed.

SECTION 15. 440.60 (4s) of the statutes is repealed.


SECTION 17. 440.62 (3) (ag) 3. of the statutes is

repealed.

SECTION 18. 440.62 (3) (ar) 3. of the statutes is

repealed.

SECTION 19. 440.62 (5) (a) of the statutes is amended

to read:

440.62 (5) (a) No specialty school may offer theoreti-

cal instruction for managers or apprentices.

SECTION 20g. 440.63 (1) of the statutes is amended

to read:

440.63 (1) INSTRUCTOR CERTIFICATION REQUIRED

INSTRUCTORS. (a) No person may provide practical

instruction in barbering unless the person holds a current

barbering instructor or cosmetology instructor certificate


11


issued barber license granted by the department or cos-

metologist license granted by the cosmetology examin-

ing board.

(am) No person may provide practical instruction in

cosmetology unless the person holds a current cosmetol-

ogy instructor certificate issued by the department cos-

metologist license granted by the cosmetology examin-

ing board.

(b) No person may provide practical instruction in

aesthetics unless the person holds a current aesthetics

instructor or cosmetology instructor certificate issued by

the department aesthetician license or cosmetologist

license granted by the cosmetology examining board.

(c) No person may provide practical instruction in

electrology unless the person holds a current electrology

instructor certificate issued by the department electrolo-

gist license granted by the cosmetology examining

board.

(d) No person may provide practical instruction in

manicuring unless the person holds a current manicuring

instructor or cosmetology instructor certificate issued by

the department manicurist license or cosmetologist

license granted by the cosmetology examining board.

SECTION 20r. 440.63 (1m) of the statutes is created

to read:

440.63 (1m) USE OF TITLE. (a) No person may use

the title “Wisconsin certified barbering instructor,” use

any title that implies that he or she is a Wisconsin certified

barbering instructor, or represent himself of herself to be

a Wisconsin certified barbering instructor unless the per-

son is certified as a barbering instructor under this sub-

chapter.

(b) No person may use the title “Wisconsin certified

cosmetology instructor,” use any title that implies that he

or she is a Wisconsin certified cosmetology instructor, or

represent himself of herself to be a Wisconsin certified

cosmetology instructor unless the person is certified as a

cosmetology instructor under this subchapter.

(c) No person may use the title “Wisconsin certified

aesthetics instructor,” use any title that implies that he or

she is a Wisconsin certified aesthetics instructor, or repre-

sent himself of herself to be a Wisconsin certified aesthet-

ics instructor unless the person is certified as an aesthetics

instructor under this subchapter.

(d) No person may use the title “Wisconsin certified

electrology instructor,” use any title that implies that he

or she is a Wisconsin certified electrology instructor, or


electrology instructor unless the person is certified as an

electrology instructor under this subchapter.

(e) No person may use the title “Wisconsin certified

manicuring instructor,” use any title that implies that he

or she is a Wisconsin certified manicuring instructor, or


manicuring instructor unless the person is certified as a

manicuring instructor under this subchapter.

SECTION 26m. 440.63 (2) of the statutes is amended

to read:

440.63 (2) APPLICATIONS; CERTIFICATION PERIOD. An

application for initial certification or renewal or rein-

statement of a certificate under this section shall be sub-

mitted to the department on a form provided by the

department. An application for initial certification shall

include the initial credential a one−time certification fee

determined by the department using the procedures

established under s. 440.03 (9) (a). Renewal applications

shall be submitted to the department on a form provided

by the department on or before the applicable renewal

date specified under s. 440.08 (2) (a) and shall include the

applicable renewal fee determined by the department

under s. 440.03 (9) (a), and the applicable penalty for late

renewal under s. 440.08 (3) if the application is submitted

late, except that no certification fee is required under this

section for an individual who is eligible for the veterans

fee waiver program under s. 45.44. The department may

not require renewal of a certificate issued under this sec-

tion.

SECTION 28. 440.635 of the statutes is amended to

read:

440.635 Persons providing practical instruction

in specialty schools. (1) No person may provide practi-

cal instruction in a specialty school of aesthetics unless

the person holds a current cosmetology manager cosme-

tologist license or aesthetician license issued by the cos-

metology examining board or a current cosmetology

instructor or aesthetics instructor certificate issued by the

department.

(2) No person may provide practical instruction in a

specialty school of electrology unless the person holds a

current electrologist license and a current cosmetology

manager license issued by the cosmetology examining

board or an electrology instructor certificate issued by the

department.

(3) No person may provide practical instruction in a

specialty school of manicuring unless the person holds a

current cosmetology manager cosmetologist license or

manicurist license issued by the cosmetology examining

board or a current cosmetology instructor or manicuring

instructor certificate issued by the department.

SECTION 29. 440.64 (3) (b) (intro.) of the statutes is

amended to read:

440.64 (3) (b) (intro.) Subject to the rules promul-

gated under s. 440.03 (1), the department may reprimand

a licensee or certified instructor or deny, limit, suspend,

or revoke a license or certificate under this subchapter if

it finds that the applicant, or licensee or certified instruc-

tor has done any of the following:

SECTION 30. 440.64 (3) (c) of the statutes is amended

to read:

440.64 (3) (c) In addition to or in lieu of a reprimand

or denial, limitation, suspension, or revocation of a

license or certificate under par. (b), the department may

12

− 3 − 2017 Wisconsin Act 82 2017 Senate Bill 109

assess against a school, or specialty school or instructor

a forfeiture of not less than $100 nor more than $5,000 for

each violation enumerated under par. (b).



to read:

454.04 (1) (a) Except as permitted under pars. (b) and

(d), sub. (1m), and subch. II, no person may engage in

cosmetology unless the person has received training in

the areas of service provided and holds a current cosme-

tologist license or cosmetology manager license issued

by the examining board that is not an inactive license or

temporary permit issued by the examining board or is an

apprentice under s. 454.10 or a student in a cosmetology

course of instruction.

SECTION 33. 454.04 (1) (b) of the statutes is amended

to read:

454.04 (1) (b) No person may engage in aesthetics

unless the person has received training in the areas of ser-

vice provided and holds a current aesthetician license, or

cosmetologist license, or cosmetology manager license

issued by the examining board that is not an inactive

license or temporary permit or training permit issued by

the examining board or is an apprentice under s. 454.10

or a student in an aesthetics or cosmetology course of

instruction.

SECTION 34. 454.04 (1) (d) of the statutes is amended

to read:

454.04 (1) (d) No person may engage in manicuring

unless the person has received training in the areas of ser-

vice provided and holds a current manicurist license, or

cosmetologist license, or cosmetology manager license

issued by the examining board that is not an inactive

license or temporary permit or training permit issued by

the examining board or is an apprentice under s. 454.10

or a student in a manicuring or cosmetology course of

instruction.


to read:

454.04 (2) (a) No person may use the title “cosmetol-

ogist” or any other similar title unless the person holds a

current cosmetologist license or cosmetology manager

license issued by the examining board that is not an inac-

tive license.

SECTION 36. 454.04 (2) (b) of the statutes is amended

to read:

454.04 (2) (b) No person may use the title “aestheti-

cian” or any other similar title unless the person holds a

current aesthetician license, or cosmetologist license, or

cosmetology manager license issued by the examining

board that is not an inactive license.

SECTION 37. 454.04 (2) (d) of the statutes is amended

to read:

454.04 (2) (d) No person may use the title “mani-

curist” or any other similar title unless the person holds

a current manicurist license, or cosmetologist license, or

cosmetology manager license issued by the examining

board that is not an inactive license.

SECTION 38. 454.06 (3) of the statutes is repealed.


amended to read:

454.06 (4) (b) 2. At least 450 training hours in not less

than 11 weeks and not more than 30 weeks under the

supervision of a cosmetology instructor or aesthetics

instructor certified under s. 440.63 (3) (am) or (b) or a

licensed cosmetology manager, licensed cosmetologist

or aesthetician in a licensed establishment that is also

licensed as a specialty school of aesthetics under s.

440.62 (4) (a).


amended to read:

454.06 (5) (b) 2. At least 450 training hours in not less

than 11 weeks and not more than 30 weeks under the

supervision of an electrology instructor certified under s.

440.63 (3) (c), or a licensed electrologist who is also a

licensed cosmetology manager, in a licensed establish-

ment that is also licensed as a specialty school of electrol-

ogy under s. 440.62 (4) (b).


amended to read:

454.06 (6) (b) 2. At least 300 training hours of train-

ing in not less than 7 weeks and not more than 20 weeks

under the supervision of a cosmetology instructor or

manicuring instructor certified under s. 440.63 (3) (am)

or (d) or a licensed cosmetology manager, licensed cos-

metologist or manicurist in a licensed establishment that

is also licensed as a specialty school of manicuring under

s. 440.62 (4) (c).

SECTION 42. 454.06 (7) of the statutes is amended to

read:

454.06 (7) POSTING OF LICENSE CERTIFICATES. The

examining board shall furnish a certificate to each

licensee, certifying that the holder is licensed to practice

cosmetology, aesthetics, electrology, or manicuring or is

a licensed cosmetology manager. The licensee shall post

the certificate in a conspicuous place in the licensed

establishment. A licensee who holds an inactive license

may not post a certificate for that inactive license.


read:

454.07 (1) The examining board shall, in accordance

with s. 440.07 (2), conduct examinations for cosmetolo-

gist, cosmetology manager, aesthetician, electrologist,

and manicurist licenses not less than 8 times annually, at

times and places determined by the examining board.

SECTION 44. 454.08 (1) (a) of the statutes is repealed.

SECTION 45g. 454.08 (1) (ag) of the statutes is created

to read:

454.08 (1) (ag) 1. The examining board shall promul-

gate rules permitting the practice of electrology outside

of a licensed establishment.

13


2. The examining board shall promulgate rules per-

mitting the use of a chemical process in the practice of

cosmetology, aesthetics, or manicuring outside of a

licensed establishment, except that the examining board

may not promulgate any rule that restricts the use of a

chemical process in cutting or styling hair in the practice

of cosmetology or applying cosmetics, oils, lotions, clay,

creams, antiseptics, powders, or tonics in the practice of

aesthetics.

SECTION 45r. 454.08 (1) (ar) of the statutes is created

to read:

454.08 (1) (ar) A person may practice cosmetology,

aesthetics, or manicuring outside of a licensed establish-

ment if all of the following apply:

1. The person owns, manages, is employed by, or is

affiliated with an establishment that is licensed to provide

that service under sub. (2).

2. The person brings the certificate furnished to the

person under s. 454.06 (7), or a copy, to the location

where cosmetology, aesthetics, or manicuring is prac-

ticed.

3. The service provided by the person does not

involve the use of a chemical process, except for the use,

outside of a licensed establishment, of a chemical process

in cutting or styling hair in the practice of cosmetology

or applying cosmetics, oils, lotions, clay, creams, anti-

septics, powders, or tonics in the practice of aesthetics.

SECTION 46m. 454.08 (1) (b) of the statutes is

amended to read:

454.08 (1) (b) Except as permitted by rule promul-

gated under par. (a) (ag) or (ar), no person may practice

cosmetology, aesthetics, electrology, or manicuring in an

establishment unless the establishment is licensed to pro-

vide that practice under sub. (2).


read:

454.08 (4) The examining board shall, by rule, estab-

lish minimum standards concerning the maintenance,

equipment, plans, and specifications for licensed estab-

lishments as they relate to the public health and safety.

The examining board may not promulgate a rule requir-

ing the use of a tuberculocidal disinfectant by a manager

of, or a barber or cosmetologist in, an establishment

licensed under this section. The examining board may

not license an establishment under this section unless it

meets the standards established by the examining board.

A person proposing to open an establishment in a new

location shall apply to the examining board for an inspec-

tion and approval of the establishment, submitting an

exact description and floor plan of the proposed location

of the establishment on a form provided by the depart-

ment.


read:

454.08 (6) A person who owns a cosmetology estab-

lishment shall employ at least one person as a manager

who holds a cosmetology manager license and manages

the establishment on a full−time basis. The cosmetology

manager of a cosmetology establishment shall ensure

that the establishment operates in compliance with this

subchapter and rules promulgated by the examining

board.


to read:

454.10 (3) (a) No apprentice under this section may

practice cosmetology except under the supervision of a

licensed cosmetology manager, whose cosmetology

license is not an inactive license, or under the supervision

of a licensed cosmetologist, whose cosmetology license

is not an inactive license, and to whom supervisory

authority has been delegated by a licensed cosmetology

manager. A licensed cosmetology manager may only

delegate supervisory authority to a licensed cosmetolo-

gist and who has completed at least 2,000 hours of prac-

tice as a licensed cosmetologist.

SECTION 50. 454.13 (1) (intro.) of the statutes is

amended to read:

454.13 (1) (intro.) Upon application and payment of

the fee specified in s. 440.05 (2), the examining board

may issue a license to practice cosmetology, aesthetics,

electrology, or manicuring or to practice as a cosmetol-

ogy manager to an applicant who is licensed in another

state or territory of the United States or in another country

to perform services that are substantially the same as

those performed by licensees in this state and to whom

either of the following applies:


read:

454.13 (2) The examining board may enter into

reciprocal agreements with officials of other states for

licensing cosmetologists, aestheticians, electrologists,

and manicurists, and cosmetology managers and grant

licenses to persons licensed in other states according to

the terms of such an agreement.




SECTION 56. 454.22 (1) (b) of the statutes is repealed.

SECTION 57. 454.22 (1) (g) of the statutes is repealed.


read:

454.22 (2) No person may use the title “barber” or

“hairstylist” or any other similar title unless the person is

a licensed barber, licensed barbering manager, or

licensed cosmetologist, or licensed cosmetology man-

ager.



read:

454.23 (4) POSTING OF LICENSE CERTIFICATE. The

department shall issue a certificate to each person

licensed under sub. (2) or (3), certifying that the holder

14

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is a licensed barber or licensed barbering manager. The

licensee shall post the certificate in a conspicuous place

in the primary establishment where the licensee prac-

tices.


read:


dates date for licenses a license granted under subs. sub.

(2) and (3) are is specified under s. 440.08 (2) (a), and the

renewal fees fee for those licenses are that license is

determined by the department under s. 440.03 (9) (a).


to read:

454.23 (6) (a) Any person who is issued a license

under sub. (2) or (3) may apply to the department to clas-

sify that license as inactive. Upon application under this

paragraph, the department may classify a license as inac-

tive if the department determines that the person who

holds that license is in good standing with the department

and intends to refrain from barbering during the period

that the license is inactive.


read:

454.24 (2) The examination for a license under s.

454.23 (2) or (3) shall consist of written tests and practi-

cal demonstrations requiring applicants to demonstrate

minimum competency in services and subjects substan-

tially related to the practice of a barber or barbering man-

ager, as appropriate, and public health and safety.


read:

454.24 (4) An applicant for a license under s. 454.23

(2) or (3) shall file an application for examination in the

office of the department at least 3 weeks before the exam-

ination. If an applicant fails to file the application within

the required time, the department may postpone the

applicant’s examination to the date of the next available

regular examination. The department may require an

applicant who fails to appear for or to complete an exami-

nation to reapply for examination. An applicant who fails

an examination may request reexamination and shall pay

a fee for reexamination, according to the procedures and

fees established under s. 440.06.

SECTION 65. 454.25 (1) (a) of the statutes is repealed.

SECTION 66g. 454.25 (1) (ag) of the statutes is created

to read:

454.25 (1) (ag) The department shall promulgate

rules permitting the use of a chemical process in the prac-

tice of barbering outside of a licensed establishment,

except that the department may not promulgate any rule

that restricts the use of a chemical process in cutting or

styling hair in the practice of barbering.

SECTION 66r. 454.25 (1) (ar) of the statutes is created

to read:

454.25 (1) (ar) A person may practice barbering out-

side of a licensed establishment if all of the following

apply:

1. The person owns, manages, is employed by, or is

affiliated with a barbering establishment licensed under

sub. (2) or a cosmetology establishment licensed under s.

454.08 (2).

2. The person brings the certificate issued to the per-

son under s. 454.23 (4), or a copy, to the location where

barbering is practiced.

3. The service provided by the person does not

involve the use of a chemical process, except for the use

of a chemical process in cutting or styling hair in the prac-

tice of barbering outside of a licensed establishment.

SECTION 67m. 454.25 (1) (b) of the statutes is

amended to read:

454.25 (1) (b) Except as permitted by rule promul-

gated under par. (a) (ag) or (ar), no person may practice

barbering in an establishment unless the establishment is

a licensed barbering establishment under sub. (2) or

licensed cosmetology establishment under s. 454.08 (2).


read:

454.25 (4) A person who is not a licensed barber,

licensed barbering manager, or licensed cosmetologist,

or licensed cosmetology manager may own or operate a

licensed barbering establishment, but may not practice

barbering.


read:

454.25 (5) A person who owns a licensed barbering

establishment shall employ at least one person as a man-

ager who is a licensed barbering manager barber or

licensed cosmetology manager cosmetologist and works

full−time in the establishment. The manager of a licensed

barbering establishment shall ensure that the establish-

ment operates in compliance with this subchapter and the

rules promulgated by the department under this sub-

chapter.


to read:

454.26 (3) (a) An apprentice in barbering may not

practice barbering except under the supervision of a

licensed barbering manager or licensed cosmetology

manager or under the supervision of a licensed barber or

licensed cosmetologist to whom supervisory authority

has been delegated by a licensed barbering manager or

licensed cosmetology manager. A licensed barbering

manager or licensed cosmetology manager may only del-

egate supervisory authority to a licensed barber or

licensed cosmetologist who has completed at least 2,000

hours of practice as a licensed barber or licensed cosme-

tologist.

15


SECTION 71. 454.27 (1) (intro.) of the statutes is

amended to read:

454.27 (1) (intro.) Upon application and payment of

the fee specified in s. 440.05 (2), the department may

grant a license to practice barbering or to practice as a

barbering manager to an applicant who is licensed in

another state or territory of the United States or in another

country to perform services that are substantially the

same as those performed by a licensed barber or licensed

barbering manager in this state and to whom at least one

of the following applies:

SECTION 72. 454.287 of the statutes is amended to

read:

454.287 Advisory committee. The secretary shall

appoint an advisory committee under s. 440.042 to advise

the department on matters relating to the regulation of

barbers, barbering managers, and barbering establish-

ments under this subchapter and the rules required under

s. 440.62 (5) (b) 2.

SECTION 74.0Nonstatutory provisions.

(1) TRANSITIONAL PROVISIONS.

(a) Cosmetology managers. Notwithstanding sec-

tions 454.06 (2) and 454.13 (1) of the statutes, on the

effective date of this paragraph, a person who, immedi-

ately prior to the effective date of this paragraph, held a

valid cosmetology manager license under section 454.06

(3), 2015 stats., or 454.13 (1), 2015 stats., shall be a

licensed cosmetologist under section 454.06 (2) or

454.13 (1) of the statutes. If the person’s cosmetology

manager license was classified as inactive under section

454.06 (8m) of the statutes, the cosmetologist license

under this paragraph shall likewise be classified as inac-

tive.

(b) Barbering managers. Notwithstanding sections

454.23 (2) and 454.27 (1) of the statutes, on the effective

date of this paragraph, a person who, immediately prior

to the effective date of this paragraph, held a valid barber-

ing manager license under section 454.23 (3), 2015 stats.,

or 454.27 (1), 2015 stats., shall be a licensed barber under

section 454.23 (2) or 454.27 (1) of the statutes. If the per-

son’s barbering manager license was classified as inac-

tive under section 454.23 (6) of the statutes, the barber

license under this paragraph shall likewise be classified

as inactive.

16


2017 Assembly Bill 317 Date of publication*: December 1, 2017


AN ACT to amend 227.135 (2); and to create 13.92 (2) (jg), 35.93 (2) (b) 3. fm., 35.93 (2) (b) 3. gm., 227.138, 227.26

(4) and 227.29 of the statutes; relating to: review by state agencies of administrative rules and enactments; an expe-

dited process for repealing rules an agency no longer has the authority to promulgate; retrospective economic impact

analyses for rules; and reporting by the Legislative Reference Bureau on rules in need of revision.



SECTION 1. 13.92 (2) (jg) of the statutes is created to

read:

13.92 (2) (jg) Prior to the end of each even−numbered

year, report to the joint committee for review of adminis-

trative rules regarding rules in the Wisconsin administra-

tive code that the chief has identified as possibly being in

need of revision.

SECTION 2. 35.93 (2) (b) 3. fm. of the statutes is cre-

ated to read:

35.93 (2) (b) 3. fm. Retrospective economic impact

analyses for rules under s. 227.138.

SECTION 3. 35.93 (2) (b) 3. gm. of the statutes is cre-

ated to read:

35.93 (2) (b) 3. gm. Petitions and proposed rules sub-

mitted under s. 227.26 (4) (b) 1.

SECTION 4. 227.135 (2) of the statutes, as affected by

2017 Wisconsin Act 57, is amended to read:

227.135 (2) An agency that has prepared a statement

of the scope of the proposed rule shall present the state-

ment to the department of administration, which shall

make a determination as to whether the agency has the

explicit authority to promulgate the rule as proposed in

the statement of scope and shall report the statement of

scope and its determination to the governor who, in his or

her discretion, may approve or reject the statement of

scope. The agency may not send the statement to the leg-

islative reference bureau for publication under sub. (3)

until the governor issues a written notice of approval of

the statement. The agency shall also present the state-

ment to the individual or body with policy−making pow-

ers over the subject matter of the proposed rule for

approval. The individual or body with policy−making

powers may not approve the statement until at least 10

days after publication of the statement under sub. (3) and,

if a preliminary public hearing and comment period are

held by the agency under s. 227.136, until the individual

or body has received and reviewed any public comments

and feedback received from the agency under s. 227.136

(5). No state employee or official may perform any activ-

ity in connection with the drafting of a proposed rule,

except for an activity necessary to prepare the statement

of the scope of the proposed rule until the governor and

the individual or body with policy−making powers over

the subject matter of the proposed rule approve the state-

ment. This subsection does not prohibit an agency from


17

https://docs.legis.wisconsin.gov/document/acts/2017/57

− 2 −2017 Wisconsin Act 108 2017 Assembly Bill 317

performing an activity necessary to prepare a petition and

proposed rule for submission under s. 227.26 (4).

SECTION 5. 227.138 of the statutes is created to read:

227.138 Retrospective economic impact analyses

for rules. (1) The joint committee for review of adminis-

trative rules may direct an agency to prepare a retrospec-

tive economic impact analysis for any of an agency’s

rules that are published in the code. The committee may

identify one or more specific chapters, sections, or other

subunits in the code that are administered by the agency

as the rules that are to be the subject of the analysis and

may specify a deadline for the preparation of the analysis.

A retrospective economic impact analysis shall contain

information on the economic effect of the rules on spe-

cific businesses, business sectors, public utility ratepay-

ers, local governmental units, and the state’s economy as

a whole. When preparing the analysis, the agency shall

solicit information and advice from businesses, associa-

tions representing businesses, local governmental units,

and individuals that have been affected by the rules. The

agency shall prepare the retrospective economic impact

analysis in coordination with local governmental units

that have been affected by the rules. The agency may

request information that is reasonably necessary for the

preparation of a retrospective economic impact analysis

from other businesses, associations, local governmental

units, and individuals and from other agencies. The ret-

rospective economic impact analysis shall include all of

the following:

(a) An analysis and quantification of the policy prob-

lem that the rules were intended to address, including

comparisons with the approaches used by the federal

government and by Illinois, Iowa, Michigan, and Minne-

sota to address that policy problem.

(b) An analysis and detailed quantification of the

economic impact of the rules, including the implementa-

tion and compliance costs that have been incurred by or

passed along to the businesses, local governmental units,

and individuals that have been affected by the rules.

(c) An analysis of the actual and quantifiable benefits

of the rules, including an assessment of how effective the

rules have been in addressing the policy problem that the

rules were intended to address.

(d) An analysis of alternatives to the rules, including

the alternative of repealing the rules.

(e) A determination made in consultation with the

businesses, local governmental units, and individuals

that have been affected by the rules as to whether the rules

have adversely affected in a material way the economy,

a sector of the economy, productivity, jobs, or the overall

economic competitiveness of this state.

(f) An analysis of the ways in which and the extent

to which the rules have placed limitations on the free use

of private property, including a discussion of alternatives

to the rules that would minimize any such limitations.

(g) A comparison of the actual economic effect of the

rules being analyzed to any economic impact analysis

that analyzed the expected economic effect of those rules

when they were proposed.

(h) Any other information requested by the commit-

tee related to the economic impact of the rules.

(2) An agency that prepares a retrospective economic

impact analysis under sub. (1) shall submit that analysis

to the department of administration, to the governor, and

to the chief clerks of each house of the legislature, who

shall distribute the analysis to the presiding officers of

their respective houses, to the chairpersons of the appro-

priate standing committees of their respective houses, as

designated by those presiding officers, and to the cochair-

persons of the joint committee for review of administra-

tive rules. The agency shall also send an electronic copy

of the analysis to the legislative reference bureau, in a for-

mat approved by the legislative reference bureau, for

publication in the register.

SECTION 6. 227.26 (4) of the statutes is created to

read:

227.26 (4) REPEAL OF UNAUTHORIZED RULES. (a) In

this subsection, “unauthorized rule” means a rule that an

agency lacks the authority to promulgate due to the repeal

or amendment of the law that previously authorized its

promulgation.

(b) Notwithstanding ss. 227.114 to 227.117 and

227.135 to 227.19, an agency that promulgated or that

otherwise administers a rule that the agency determines

is an unauthorized rule shall petition the joint committee

for review of administrative rules for authorization to

repeal that rule by using the following process:

1. The agency shall submit a petition with a proposed

rule that repeals the rule the agency has determined is an

unauthorized rule to the legislative council staff for

review. The proposed rule shall be in the form required

under s. 227.14 (1) and shall include the material required

under s. 227.14 (2) (a) 1., 2., and 7. and a statement that

the agency is petitioning the joint committee for review

of administrative rules to use the process under this sub-

section to repeal a rule the agency has determined to be

an unauthorized rule. The agency shall also send an elec-

tronic copy of the petition and the proposed rule to the

legislative reference bureau, in a format approved by the

legislative reference bureau, for publication in the regis-

ter.

2. The legislative council staff shall review the peti-

tion and proposed rule in accordance with s. 227.15 (2)

and submit to the joint committee for review of adminis-

trative rules the petition and proposed rule with a written

report including a statement of its determination as to

whether the proposed rule proposes to repeal an unautho-

rized rule. The legislative council staff shall send the

agency a copy of its report with an indication of the date

18

− 3 − 2017 Wisconsin Act 108 2017 Assembly Bill 317

on which the petition and proposed rule were submitted

to the committee.

3. Following receipt of the petition and proposed rule

submitted by the legislative council staff under subd. 2.,

the joint committee for review of administrative rules

shall review the petition and proposed rule and may do

any of the following:

a. Approve the agency’s petition if the committee

determines that the proposed rule would repeal an unau-

thorized rule.

b. Deny the agency’s petition.

c. Request that the agency make changes to the pro-

posed rule and resubmit the petition and proposed rule

under subd. 1.

4. The committee shall inform the agency in writing

of its decision as to the petition.

(c) If the joint committee for review of administrative

rules approves a petition to repeal an unauthorized rule as

provided in par. (b) 3. a., the agency shall promulgate the

proposed rule by filing a certified copy of the rule with

the legislative reference bureau under s. 227.20, together

with a copy of the committee’s decision.

SECTION 7. 227.29 of the statutes is created to read:

227.29 Agency review of rules and enactments. (1)

By March 31 of each odd−numbered year, each agency

with any rules published in the code shall submit a report

to the joint committee for review of administrative rules

listing all of the following rules promulgated or other-

wise administered by that agency:

(a) Unauthorized rules, as defined in s. 227.26 (4) (a),

together with a description of the legislation that elimi-

nated the agency’s authority to promulgate any such rule.

(b) Rules for which the authority to promulgate has

been restricted, together with a description of the legisla-

tion that restricted that authority.

(c) Rules that are obsolete or that have been rendered

unnecessary, together with a description of why those

rules are obsolete or have been rendered unnecessary.

(d) Rules that are duplicative of, superseded by, or in

conflict with another rule, a state statute, a federal statute

or regulation, or a ruling of a court of competent jurisdic-

tion, together with a citation to or the text of any such

statute, regulation, or ruling.

(e) Rules that the agency determines are economi-

cally burdensome.

(2) The report under sub. (1) shall also include all of

the following:

(a) A description of the agency’s actions, if any, to

address each rule listed in the report. If the agency has not

taken any action to address a rule listed in the report, the

agency shall include an explanation for not taking action.

(b) A description of the status of each rule listed in

the previous year’s report not otherwise listed.

(c) If the agency determines that there is no rule as

described under sub. (1) (a), (b), (c), (d), or (e), a state-

ment of that determination.

(3) If an agency identifies an unauthorized rule under

sub. (1) (a) and is not otherwise in the process of promul-

gating a rule that repeals the unauthorized rule, the

agency shall, within 30 days after the agency submits the

report, submit a petition to the legislative council staff

under s. 227.26 (4) (b) 1. to repeal the unauthorized rule

if the agency has not previously done so.

(4) (a) In this subsection, “enactment” means an act

or a portion of an act that is required to be published under

s. 35.095 (3) (a).

(b) Each agency shall review enactments to deter-

mine whether any part of an enactment does any of the

following:

1. Eliminates or restricts the agency’s authority to

promulgate any rules promulgated or otherwise adminis-

tered by that agency.

2. Renders any rules promulgated or otherwise

administered by that agency obsolete or unnecessary.

3. Renders, for any reason, any rules promulgated or

otherwise administered by that agency not in conformity

with or superseded by a state statute, including due to

statutory numbering or terminology changes in the enact-

ment.

4. Requires or otherwise necessitates rule making by

the agency.

(c) If an agency determines that any consequence

specified in par. (b) 1. to 4. results from an enactment or

part of an enactment, within 6 months after the applicable

effective date for the enactment or part of the enactment,

the agency shall do one or more of the following, as appli-

cable, to address the consequence identified by the

agency and notify the joint committee for review of

administrative rules of its action:

1. Submit a statement of the scope of a proposed rule

under s. 227.135 (2), unless the enactment requires other-

wise or unless the agency submits a notice to the commit-

tee explaining why it is unable to submit the statement of

scope within that time period and an estimate of when the

agency plans to submit the statement of scope.

2. In the case of an affected rule that the agency deter-

mines is an unauthorized rule, as defined in s. 227.26 (4)

(a), submit a petition to the legislative council staff under

s. 227.26 (4) (b) 1.

3. In the case of a consequence specified under par.

(b) 3. that can be addressed by the legislative reference

bureau using its authority under s. 13.92 (4) (b), submit

a request to the legislative reference bureau to use that

authority.

SECTION 8.0Initial applicability.

(1) The treatment of section 227.29 (4) of the statutes

first applies to enactments published by the legislative

19

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reference bureau under section 35.095 (3) (a) of the

statutes on the effective date of this subsection.

20