SB288,4,1514 (g) Any statement or analysis from the agency that would administer the
15licensure requirement.
SB288,4,16 16(4) Determination of least restrictive regulation. (a) In this subsection:
SB288,4,1817 1. “Certification” means a voluntary program to which all of the following
18apply:
SB288,4,2119 a. A private organization or the state grants a nontransferable recognition to
20an individual who meets certain personal qualifications established by the private
21organization or by law.
SB288,4,2222 b. Upon approval, the individual may use “certified” as a designated title.
SB288,4,2423 c. A noncertified individual may perform the occupation for compensation but
24may not use the title “certified.”
SB288,4,2525 2. “Occupational license” means a program to which all of the following apply:
SB288,5,3
1a. The state grants a nontransferable authorization to an individual who meets
2certain personal qualifications established by law in order to perform an occupation
3for compensation.
SB288,5,54 b. It is unlawful for an individual who does not possess the requisite
5authorization to perform the occupation for compensation.
SB288,5,106 3. “Personal qualifications” means criteria related to an individual's personal
7background and characteristics, including completion of an approved educational
8program, satisfactory performance on an examination, work experience, other
9evidence of attainment of requisite skills or knowledge, moral standing, criminal
10history, and completion of continuing education.
SB288,5,1111 4. “Registration” means a program to which all of the following apply:
SB288,5,1512 a. It requires an individual to provide notice to the state that may include the
13individual's name and address, the individual's agent for service of process, the
14location of the activity to be performed, and a description of the service the individual
15provides.
SB288,5,1716 b. It does not require certain personal qualifications to be satisfied, but may
17require a bond or insurance.
SB288,5,1818 c. Upon registering, the individual may use “registered” as a designated title.
SB288,5,2019 d. A nonregistered individual may not perform the occupation for
20compensation or use “registered” as a designated title.
SB288,5,2221 (b) For purposes of sub. (3) (c), “least restrictive regulation” means one of the
22following, from least restrictive to most restrictive:
SB288,5,2323 1. Market competition.
SB288,5,2424 2. Third-party or consumer-created ratings and reviews.
SB288,5,2525 3. Private certification.
SB288,6,1
14. A specific private civil cause of action to remedy consumer harm.
SB288,6,32 5. The designation of an unfair trade practice or method of competition in
3business.
SB288,6,54 6. The regulation of the process of providing the specific goods or services to
5consumers.
SB288,6,66 7. An inspection requirement.
SB288,6,77 8. A bonding or insurance requirement.
SB288,6,88 9. A registration requirement.
SB288,6,99 10. A governmental certification requirement.
SB288,6,1010 11. An occupational license requirement.
SB288,2 11Section 2. 15.407 (19) of the statutes is created to read:
SB288,6,1412 15.407 (19) Occupational license review council. There is created in the
13department of safety and professional services an occupational license review
14council. The council shall consist of the following members:
SB288,6,1615 (a) Four members appointed by the governor to serve at the pleasure of the
16governor.
SB288,6,1717 (b) Two members of the senate appointed by the senate majority leader.
SB288,6,1818 (c) Two members of the assembly appointed by the speaker of the assembly.
SB288,6,2119 (d) The secretary of safety and professional services or his or her designee, who
20shall serve as chair of the council. The secretary or the secretary's designee shall
21serve as a nonvoting member, except that he or she may vote in the case of a tie.
SB288,6,2522 (e) The members under pars. (a) to (c) shall be appointed no later than January
2331, 2018, and no later than January 31 of every 10th year thereafter. The secretary
24of safety and professional services shall convene the council no later than February
255, 2018, and no later than the first Monday in February every 10th year thereafter.
SB288,3
1Section 3. 440.023 of the statutes is created to read:
SB288,7,3 2440.023 Occupational license review council. (1) Definitions. In this
3section:
SB288,7,44 (a) “Council” means the occupational license review council.
SB288,7,55 (b) “Occupational license” means any of the following:
SB288,7,76 1. A license, permit, certification, registration, or other approval granted under
7s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.
SB288,7,128 2. A license, permit, certification, registration, or other approval not included
9under subd. 1., if granted to a person by this state in order that the person may
10engage in a profession, occupation, or trade in this state or in order that the person
11may use one or more titles in association with his or her profession, occupation, or
12trade.
SB288,7,19 13(2) Report. No later than December 31, 2018, and no later than December 31
14of every 10th year thereafter, the council shall submit a report to the governor, the
15chief of the legislative reference bureau, and the chief clerk of each house of the
16legislature for distribution to the legislature under s. 13.172 (2). In preparing the
17report, the council shall take into account the impact the council estimates its
18recommendations will have on state revenues and expenditures. The report shall
19include all of the following:
SB288,7,2220 (a) The council's recommendations for the elimination of occupational licenses
21or the modification of laws and rules governing occupational licenses based on all of
22the following:
SB288,8,223 1. The council's evaluation of whether the unregulated practice of the
24profession, occupation, or trade can clearly harm or endanger the health, safety, or

1welfare of the public, and whether the potential for the harm is recognizable and not
2remote or speculative.
SB288,8,43 2. The council's evaluation of whether the public reasonably benefits from the
4occupational license requirement.
SB288,8,85 3. The council's evaluation of whether the public can be effectively protected
6by any means other than requiring an occupational license and whether the
7occupational license is the least restrictive regulation, as defined in s. 13.0963 (4) (b),
8that will effectively protect the public.
SB288,8,119 4. The council's analysis of licensure requirements for the regulated profession,
10occupation, or trade in other states, including educational and reciprocity
11requirements.
SB288,8,1312 5. The council's estimate of the number of individuals or entities that are
13affected by the occupational license requirement.
SB288,8,1814 6. The council's estimate of the total financial burden imposed on individuals
15or entities as a result of the occupational licensure requirement, including education
16or training costs, examination fees, private credential fees, occupational license fees
17imposed by the state, and other costs individuals or entities incur in order to obtain
18the required occupational license.
SB288,8,2019 7. Any statement or analysis provided by the agency or board administering
20the occupation license.
SB288,8,2321 (b) The council's recommendations for the reduction or elimination of
22continuing and other education requirements for occupational licenses not
23recommended for elimination under par. (a).
SB288,8,25 24(3) Legislative action. (a) The legislative reference bureau shall prepare
25legislation that gives effect to the council's recommendations under sub. (2).
SB288,9,3
1(b) The joint committee on legislative organization shall introduce without
2change in each house of the legislature each bill prepared under par. (a), and the bill
3shall be referred to the appropriate standing committee of each house.
SB288,9,54 (c) The legislature shall take final action on a bill introduced under par. (b) no
5later than June 30, 2019, and no later than June 30 of every 10th year thereafter.
SB288,9,66 (d) A bill introduced under par. (b) is not subject to s. 13.093 (1).
SB288,4 7Section 4 . Initial applicability.
SB288,9,98 (1) Occupational license reports. The treatment of section 13.0963 of the
9statutes first applies to a bill introduced on the effective date of this subsection.
SB288,5 10Section 5 . Effective dates.
SB288,9,1211 (1) Occupational license reports. The treatment of section 13.0963 of the
12statutes and Section 4 (1) of this act take effect on the 14th day after publication.
SB288,9,1313 (End)
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