2017 Wisconsin Act 278

c. The age of the individual at the time the offense was committed.

d. The length of time that has elapsed since the offense was committed.

e. Letters of reference by persons who have been in contact with the individual since the applicant's release from any local, state, or federal correctional institution.

f. All other relevant evidence of rehabilitation and present fitness presented.

(e) A state licensing agency that may refuse to license individuals under sub. (3) (a) 1. or that may bar or terminate an individual from licensure under sub. (3) (a) 1. shall publish on the agency's Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.

(f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

2. A state licensing agency shall make a determination under subd. 1. in writing and send the determination to the applicant no later than 30 days after receiving the application for a determination.

3. A determination made under subd. 1., with respect to convictions reviewed by the state licensing agency as part of the determination, shall be binding upon the agency if the individual subsequently applies for the applicable license, unless there is information relevant to the determination that was not available to the agency at the time of the determination.

4. A state licensing agency may require a fee to be paid to the agency for a determination issued under subd. 1. of an amount necessary to cover the cost of making the determination.

5. A state licensing agency described in subd. 1. shall create a form on which an individual applying for a determination under subd. 1. may do all of the following:

a. State whether he or she has ever been convicted of a crime.

b. Identify the date of conviction for any crime described under subd. 1. a. and describe the nature and circumstances of the crime.

c. Sign his or her name to attest to the accuracy and truthfulness of the information under subd. 1. a. and b. and, if applicable, to acknowledge the agency's authority to conduct an investigation on the individual.

6. A state licensing agency described in subd. 1. shall promulgate rules to implement this paragraph, except that the department of safety and professional services may promulgate rules defining uniform procedures for making such determinations to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board.

278,17 Section 17. 440.03 (13) (bm) of the statutes is repealed and recreated to read:

440.03 (13) (bm) 1. Upon request by a credentialing board or other board in the department, the department shall conduct an investigation to determine whether an individual seeking a determination by that board under s. 111.335 (4) (f) has an arrest or conviction record. In conducting an investigation under this subdivision, the department may require an individual to provide any information that is necessary for the investigation.

2. Upon application seeking a determination by the department under s. 111.335 (4) (f), the department shall conduct an investigation to determine whether the individual has an arrest or conviction record. In conducting an investigation under this subdivision, the department may require an individual to provide any information that is necessary for the investigation.

278,18 Section 18. 440.03 (13) (d) of the statutes is amended to read:

440.03 (13) (d) The department shall charge an applicant, including an applicant seeking a determination under s. 111.335 (4) (f), any fees, costs, or other expenses incurred in conducting any investigation under this subsection or s. 440.26. The department shall charge an applicant seeking licensure through the interstate medical licensure compact under s. 448.980, directly or indirectly, for any expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.

278,19 Section 19. 440.03 (13) (d) of the statutes, as affected by 2015 Wisconsin Act 116 and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

440.03 (13) (d) The department shall charge an applicant, including an applicant seeking a determination under s. 111.335 (4) (f), any fees, costs, or other expenses incurred in conducting any investigation under this subsection or s. 440.26.

278,20 Section 20. 452.05 (1) (h) of the statutes is repealed.

278,21 Section 21. 452.07 (2) of the statutes is repealed.

278,22 Section 22. 452.139 (3) of the statutes is amended to read:

452.139 (3) Liability for negligent hiring. If a licensee associated with a firm commits a crime under the laws of this state or another wrongful act, the firm may not be held civilly liable for hiring that licensee in a claim brought for negligent hiring if, regardless of whether the firm conducted its own investigation, the firm relied on the investigations conducted by the department under s. 440.03 (13) or on any determination made by the board, including a determination under s. 452.07 (2) 111.335 (4) (f) or 452.25.

278,23 Section 23. 452.25 (2) (a) of the statutes is amended to read:

452.25 (2) (a) No person may intentionally submit any false information on a form created by the board under s. 111.335 (4) (f) 5. or 452.05 (1) (h) or (i).

278,23m Section 23m. Nonstatutory provisions.

(1) Using the procedure under section 227.24 of the statutes, any state licensing agency, as defined in section 111.335 (1m) (c) of the statutes, may promulgate rules that are necessary to implement the changes in this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, such an agency is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under section 227.24 (2) of the statutes.

278,25 Section 25. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

(1) The repeal and recreation of section 440.03 (13) (d) of the statutes takes effect on December 16, 2019.

(2) Section 23m (1) of this act takes effect on the day after publication.