SB464: Bill Text

LRB-4031/1

MPG:med:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 464

February 13, 2012 - Introduced by Senator Galloway, cosponsored by Representatives Severson, Litjens, Steineke, Spanbauer and Weininger. Referred to Committee on Labor, Public Safety, and Urban Affairs.

SB464,1,5 An Act to amend 440.03 (13) (b) (intro.); and to create 440.15 of the statutes; relating to: prohibiting fingerprinting in connection with professional credentials issued by the Department of Safety and Professional Services or an examining board or affiliated credentialing board, except as provided in the statutes, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Safety and Professional Services (DSPS) and examining boards and affiliated credentialing boards under DSPS administer Wisconsin's professional credentialing laws. Current law requires DSPS to obtain fingerprints from the following persons:

1. An applicant for a private detective license or private security permit.

2. An applicant for a juvenile martial arts instructor permit.

3. An applicant for or a holder of numerous other professional credentials in connection with an investigation by DSPS concerning whether an applicant or credential holder has been charged with or convicted of a crime.

Those fingerprints may be submitted by the department of justice to the federal bureau of investigation to verify the identity of the person fingerprinted and obtain records of the person's criminal history, if any.

This bill prohibits DSPS or an examining board or affiliated credentialing board from requiring that an applicant for or a holder of a professional credential issued by DSPS or a board submit fingerprints in connection with that credential, except as described above with respect to DSPS. The bill also requires that DSPS promulgate rules that establish the criteria DSPS will use to determine whether an investigation concerning a credential applicant's or credential holder's arrest or conviction record is necessary.

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

SB464, s. 1 Section 1. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB464,2,7 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c):

SB464, s. 2 Section 2. 440.15 of the statutes is created to read:

SB464,2,12 440.15 No fingerprinting. Except as provided under s. 440.03 (13) (c), the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

SB464,2,13 (End)