16(4) Determination of least restrictive regulation.
(a) In this subsection:
1. “Certification” means a voluntary program to which all of the following 18
a. A private organization or the state grants a nontransferable recognition to 20
an individual who meets certain personal qualifications established by the private 21
organization or by law.
b. Upon approval, the individual may use “certified” as a designated title.
c. A noncertified individual may perform the occupation for compensation but 24
may not use the title “certified.”
2. “Occupational license” means a program to which all of the following apply:
a. The state grants a nontransferable authorization to an individual who meets 2
certain personal qualifications established by law in order to perform an occupation 3
b. It is unlawful for an individual who does not possess the requisite 5
authorization to perform the occupation for compensation.
3. “Personal qualifications” means criteria related to an individual's personal 7
background and characteristics, including completion of an approved educational 8
program, satisfactory performance on an examination, work experience, other 9
evidence of attainment of requisite skills or knowledge, moral standing, criminal 10
history, and completion of continuing education.
4. “Registration” means a program to which all of the following apply:
a. It requires an individual to provide notice to the state that may include the 13
individual's name and address, the individual's agent for service of process, the 14
location of the activity to be performed, and a description of the service the individual 15
b. It does not require certain personal qualifications to be satisfied, but may 17
require a bond or insurance.
c. Upon registering, the individual may use “registered” as a designated title.
d. A nonregistered individual may not perform the occupation for 20
compensation or use “registered” as a designated title.
(b) For purposes of sub. (3) (c), “least restrictive regulation” means one of the 22
following, from least restrictive to most restrictive:
1. Market competition.
2. Third-party or consumer-created ratings and reviews.
3. Private certification.
4. A specific private civil cause of action to remedy consumer harm.
5. The designation of an unfair trade practice or method of competition in 3
6. The regulation of the process of providing the specific goods or services to 5
7. An inspection requirement.
8. A bonding or insurance requirement.
9. A registration requirement.
10. A governmental certification requirement.
11. An occupational license requirement.
15.407 (19) of the statutes is created to read:
15.407 (19) Occupational license review council.
There is created in the 13
department of safety and professional services an occupational license review 14
council. The council shall consist of the following members:
(a) Four members appointed by the governor to serve at the pleasure of the 16
(b) Two members of the senate appointed by the senate majority leader.
(c) Two members of the assembly appointed by the speaker of the assembly.
(d) The secretary of safety and professional services or his or her designee, who 20
shall serve as chair of the council. The secretary or the secretary's designee shall 21
serve as a nonvoting member, except that he or she may vote in the case of a tie.
(e) The members under pars. (a) to (c) shall be appointed no later than January 23
31, 2018, and no later than January 31 of every 10th year thereafter. The secretary 24
of safety and professional services shall convene the council no later than February 25
5, 2018, and no later than the first Monday in February every 10th year thereafter.
440.023 of the statutes is created to read:
2440.023 Occupational license review council. (1) Definitions.
In this 3
(a) “Council” means the occupational license review council.
(b) “Occupational license” means any of the following:
1. A license, permit, certification, registration, or other approval granted under 7
s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.
2. A license, permit, certification, registration, or other approval not included 9
under subd. 1., if granted to a person by this state in order that the person may 10
engage in a profession, occupation, or trade in this state or in order that the person 11
may use one or more titles in association with his or her profession, occupation, or 12
No later than December 31, 2018, and no later than December 31 14
of every 10th year thereafter, the council shall submit a report to the governor, the 15
chief of the legislative reference bureau, and the chief clerk of each house of the 16
legislature for distribution to the legislature under s. 13.172 (2). In preparing the 17
report, the council shall take into account the impact the council estimates its 18
recommendations will have on state revenues and expenditures. The report shall 19
include all of the following:
(a) The council's recommendations for the elimination of occupational licenses 21
or the modification of laws and rules governing occupational licenses based on all of 22
1. The council's evaluation of whether the unregulated practice of the 24
profession, occupation, or trade can clearly harm or endanger the health, safety, or
welfare of the public, and whether the potential for the harm is recognizable and not 2
remote or speculative.
2. The council's evaluation of whether the public reasonably benefits from the 4
occupational license requirement.
3. The council's evaluation of whether the public can be effectively protected 6
by any means other than requiring an occupational license and whether the 7
occupational license is the least restrictive regulation, as defined in s. 13.0963 (4) (b), 8
that will effectively protect the public.
4. The council's analysis of licensure requirements for the regulated profession, 10
occupation, or trade in other states, including educational and reciprocity 11
5. The council's estimate of the number of individuals or entities that are 13
affected by the occupational license requirement.
6. The council's estimate of the total financial burden imposed on individuals 15
or entities as a result of the occupational licensure requirement, including education 16
or training costs, examination fees, private credential fees, occupational license fees 17
imposed by the state, and other costs individuals or entities incur in order to obtain 18
the required occupational license.
7. Any statement or analysis provided by the agency or board administering 20
the occupation license.
(b) The council's recommendations for the reduction or elimination of 22
continuing and other education requirements for occupational licenses not 23
recommended for elimination under par. (a).
24(3) Legislative action.
(a) The legislative reference bureau shall prepare 25
legislation that gives effect to the council's recommendations under sub. (2).
(b) The joint committee on legislative organization shall introduce without 2
change in each house of the legislature each bill prepared under par. (a), and the bill 3
shall be referred to the appropriate standing committee of each house.
(c) The legislature shall take final action on a bill introduced under par. (b) no 5
later than June 30, 2019, and no later than June 30 of every 10th year thereafter.
(d) A bill introduced under par. (b) is not subject to s. 13.093 (1).
Occupational license reports.
The treatment of section 13.0963 of the 9
statutes first applies to a bill introduced on the effective date of this subsection.
(1) Occupational license reports.
The treatment of section 13.0963 of the 12
statutes and Section
4 (1) of this act take effect on the 14th day after publication.