LRB-0497/P3
MED&KRP:ahe&wlj
2017 - 2018 LEGISLATURE
DOA:......Potts, BB0058 - DSPS forfeiture authority
For 2017-2019 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Safety and professional services
Professional licensure
Under current law, DSPS and various credentialing boards in DSPS have the authority to discipline credential holders that are credentialed by DSPS or a credentialing board. This bill allows DSPS and various credentialing boards in DSPS that do not otherwise currently have the authority to assess administrative forfeitures against credential holders to, in addition to or in lieu of any disciplinary action imposed against a credential holder, assess a forfeiture of not more than $1,000 for each separate offense against a person who commits a violation that is grounds for professional discipline if the violation presents a serious risk to public health or public safety. The bill provides that each day of continued violation constitutes a separate offense.
Also under current law, DSPS, which regulates barbers, and the Cosmetology Examining Board, which regulates cosmetologists and other related professionals, may, in addition to or in lieu of certain disciplinary actions for certain specified violations, assess a forfeiture of not more than $1,000 for each violation, with each day of continued violation constituting a separate offense. This bill limits the circumstances under which such forfeitures may be assessed to when the violation presents a serious risk to public health or public safety.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1. 101.02 (25) of the statutes is created to read:
101.02 (25) (a) In this subsection, “occupational license” means a license, permit, certificate, registration, or other approval issued by the department under this chapter or ch. 145 or s. 167.10 (6m), or under rules promulgated under this chapter or ch. 145 or s. 167.10 (6m), for an occupation, trade, or profession.
(b) The department may, in addition to or in lieu of any disciplinary action with respect to an occupational license, assess a forfeiture of not more than $1,000 for each separate offense against a person who holds the occupational license and who violates any provision of this chapter or ch. 145 or s. 167.10 (6m), or any rule promulgated under this chapter or ch. 145 or s. 167.10 (6m), related to the occupational license if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
(c) The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under par. (b).
(d) The department shall remit all forfeitures paid under par. (b) to the secretary of administration for deposit in the school fund.
Section
2. 440.03 (14) (em) of the statutes is created to read:
440.03 (14) (em) The department may, in addition to or in lieu of any disciplinary action under par. (e), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subsection or any rule promulgated under par. (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
3. 440.26 (6) (am) of the statutes is created to read:
440.26 (6) (am) The department may, in addition to or in lieu of any disciplinary action under par. (a), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates par. (a) 1. to 5. if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
4. 440.316 (2m) of the statutes is created to read:
440.316 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (i) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
5. 440.88 (6) of the statutes is amended to read:
440.88 (6) Revocation, denial, suspension, or limitation of certification Disciplinary proceedings and actions. The department may, after a hearing held in conformity with ch. 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence.
The department may also, in addition to or in lieu of any such disciplinary action, assess a forfeiture of not more than $1,000 for each separate instance of fraud or deceit in obtaining the certification or unprofessional conduct, incompetence, or professional negligence, if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
6. 440.93 (1m) of the statutes is created to read:
440.93 (1m) The board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (g) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
7. 440.968 (1m) of the statutes is created to read:
440.968 (1m) The department may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
8. 440.986 (2m) of the statutes is created to read:
440.986 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
9. 441.07 (1i) of the statutes is created to read:
441.07 (1i) The board may, in addition to or in lieu of any disciplinary action under sub. (1g), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1g) (a) to (f) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
10. 442.12 (1) (bm) of the statutes is created to read:
442.12 (1) (bm) In addition to or in lieu of action under par. (b), assess a forfeiture of not more than $1,000 for each separate offense against the holder of a license or certificate under this chapter who violates this chapter or any duly promulgated standard or rule of practice or for any other sufficient cause if the action presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
11. 443.132 of the statutes is created to read:
443.132 Administrative forfeiture. The appropriate section of the examining board may, in addition to or in lieu of any disciplinary action under s. 443.11, 443.12, or 443.13, assess a forfeiture of not more than $1,000 for each separate offense against a person who violates s. 443.11 (1) (a) to (f), 443.12 (1), or 443.13 (1) (a) to (e), if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
12. 446.03 (title) of the statutes is repealed and recreated to read:
446.03 (title) Disciplinary proceedings and actions.
Section
13. 446.03 of the statutes is renumbered 446.03 (1m).
Section
14. 446.03 (2m) of the statutes is created to read:
446.03 (2m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1m), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1m) (a) to (g) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
15. 446.05 (1) of the statutes is amended to read:
446.05 (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated s. 446.02 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.
Section
16. 446.05 (1m) of the statutes is amended to read:
446.05 (1m) (a) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.
(b) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.
Section
17. 448.02 (3) (cg) of the statutes is created to read:
448.02 (3) (cg) Subject to par. (cm), the board may, in addition to or in lieu of any disciplinary action under par. (c), assess a forfeiture of not more than $1,000 for each separate offense against a person who is guilty of unprofessional conduct or negligence in treatment if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
18. 448.675 (1) (cg) of the statutes is created to read:
448.675 (1) (cg) The affiliated credentialing board may, in addition to or in lieu of any disciplinary action under par. (c), assess a forfeiture of not more than $1,000 for each separate offense against a person who is guilty of unprofessional conduct or negligence in treatment if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
19. 448.87 (3) of the statutes is created to read:
448.87 (3) The affiliated credentialing board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
20. 449.07 (title) of the statutes is repealed and recreated to read:
449.07 (title) Disciplinary proceedings and actions.
Section
21. 449.07 (2) of the statutes is created to read:
449.07 (2) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
22. 454.15 (3) of the statutes is amended to read:
454.15 (3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
23. 454.29 (3) of the statutes is amended to read:
454.29 (3) The department may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or temporary permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
24. 455.09 (title) of the statutes is repealed and recreated to read:
455.09 (title) Disciplinary proceedings and actions.
Section
25. 455.09 (1m) of the statutes is created to read:
455.09 (1m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
26. 456.10 (title) of the statutes is repealed and recreated to read:
456.10 (title) Disciplinary proceedings and actions.
Section
27. 456.10 (3) of the statutes is created to read:
456.10 (3) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
28. 457.26 (3) of the statutes is created to read:
457.26 (3) The appropriate section of the examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
29. 459.46 (2) of the statutes is created to read:
459.46 (2) The department may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subchapter or any rule promulgated under this subchapter if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
****Note: This is reconciled s. 459.46 (2). This Section has been affected by drafts with the following LRB numbers: -0497/P2 and -1397/P1.
Section
30. 462.07 (3) of the statutes is created to read:
462.07 (3) The board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (f) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
Section
31. 464.09 (2m) of the statutes is created to read:
464.09 (2m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
****Note: This is reconciled s. 464.09 (2m). This Section has been affected by drafts with the following LRB numbers: -0497/P2 and -1397/P1.
Section
32. 464.26 (3) of the statutes is created to read:
464.26 (3) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
****Note: This is reconciled s. 464.26 (3). This Section has been affected by drafts with the following LRB numbers: -0497/P2 and -1397/P1.
Section
33. 464.71 (2r) of the statutes is created to read:
464.71 (2r) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2) or (2m), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (j) or (2m) (a) or (b) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
****Note: This is reconciled s. 464.71 (2r). This Section has been affected by drafts with the following LRB numbers: -0497/P2 and -1397/P1.
Section
34. 470.08 (2m) of the statutes is created to read:
470.08 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (k) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.
****Note: This is reconciled s. 470.08 (2m). This Section has been affected by drafts with the following LRB numbers: -0497/P2 and -0249/P4.
Section 9339.
Initial applicability; Safety and Professional Services.
(1) Forfeiture authority. The treatment of sections 101.02 (25), 440.03 (14) (em), 440.26 (6) (am), 440.316 (2m), 440.88 (6), 440.93 (1m), 440.968 (1m), 440.986 (2m), 441.07 (1i), 442.12 (1) (b), 443.132, 446.05 (1) and (1m), 448.02 (3) (cg), 448.675 (1) (cg), 448.87 (3), 449.07 (2), 454.15 (3), 454.29 (3), 455.09 (1m), 456.10 (3), 457.26 (3), 459.46 (2), 462.07 (3), 464.09 (2m), 464.26 (3), 464.71 (2r), and 470.08 (2m) of the statutes, the renumbering of section 446.03 of the statutes, and the creation of section 446.03 (2m) of the statutes first apply to a violation that occurs on the effective date of this subsection.
(End)
