SB296: Bill Text

SB296,13,24 (b) 1. The department shall conduct an investigation to determine whether an applicant under par. (a) does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation.

SB296,14,5 2. An individual may apply to the secretary for a waiver from the investigation requirement under subd. 1. The secretary may grant the waiver only if the secretary determines the individual, in practicing the individual's occupation or profession, would not present an unreasonable risk of harm to the health, safety, or welfare of the public.

SB296,14,7 3. The department may charge an individual any fees, costs, or other expenses incurred in conducting any investigation under subd. 1.

SB296,14,10 (2) (a) The department shall review completed applications submitted under sub. (1). If the department approves an individual's application, the department shall include that individual in the registry.

SB296,14,16 (b) An individual's inclusion in the registry shall be subject to renewal every 2 years. The department may require the payment of a renewal fee for a renewal under this paragraph in an amount necessary to reflect the administrative and enforcement costs of the department associated with the inclusion of individuals certified by that supporting organization in the registry. The department shall adjust the fee in accordance with s. 440.03 (9).

SB296,14,21 (3) An individual who is included in the registry and is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the individual shall include with the written notice.

SB296,14,23 (4) An individual who is included in the registry as provided in sub. (2) shall be removed from the registry if any of the following applies:

SB296,14,25 (a) The supporting organization that certified the individual is removed from the registry under s. 475.10 (6).

SB296,15,2 (b) The individual fails to renew his or her inclusion in the registry as provided in sub. (2) (b).

SB296,15,4 (c) The department receives a notification from a supporting organization under s. 475.10 (7) (a) that the individual has been decertified.

SB296,15,7 (d) The department determines, on the basis of a notification under s. 475.10 (7) (b), on the basis of an audit under sub. (6), or otherwise, that the individual does not possess the requisite certification.

SB296,15,9 (e) Subject to ss. 111.321, 111.322, and 111.335, the individual is convicted of a crime.

SB296,15,10 (f) The department removes the individual pursuant to s. 440.23.

SB296,15,16 (5) No individual may, in conjunction with his or her practice of an occupation or profession, use the phrase “state certified” or anything else to indicate that he or she is certified by the state to engage in that occupation or profession, if a supporting organization for that occupation or profession is included on the registry under s. 475.10, unless the individual is currently included in the registry as provided in sub. (2).

SB296,15,19 (6) The department may conduct audits of information submitted by individuals in applications under sub. (1) (a) or by individuals included in the registry as provided in sub. (2).

SB296,15,21 475.15 Penalties. (1) Any individual who violates s. 475.13 (5) is subject to a forfeiture not to exceed $10,000.

SB296,15,25 (2) Any individual who, in an application for inclusion in the registry under s. 475.13 (1) (a) or in a renewal application under s. 475.13 (2) (b), intentionally makes a material misstatement or intentionally submits falsified documentation is subject to a forfeiture not to exceed $1,000.

SB296,16 Section 16 . Nonstatutory provisions.

SB296,16,2 (1) Report.

SB296,16,3 (a) In this subsection:

SB296,16,4 1. “Credential” has the meaning given in section 440.01 (2) (a) of the statutes.

SB296,16,5 2. “Department” means the department of safety and professional services.

SB296,16,7 3. “Supporting organization” has the meaning given in section 475.01 (3) (a) of the statutes.

SB296,16,11 (b) The department shall, within one year after the effective date of this subsection, submit a report to the joint committee on finance and to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes regarding all of the following:

SB296,16,13 1. Whether there is a supporting organization corresponding to any of the following occupations or professions:

SB296,16,15 a. Auctioneers, who are required to be registered under chapter 480 of the statutes.

SB296,16,17 b. Dietitians, who are required to be certified under subchapter V of chapter 448 of the statutes.

SB296,16,19 c. Landscape architects, who are required to be registered under chapter 443 of the statutes.

SB296,16,21 d. Private detectives, who are required to be licensed under section 440.26 of the statutes.

SB296,16,23 e. Private security persons, who are required to hold a permit under section 440.26 of the statutes.

SB296,16,25 f. Sign language interpreters, who are required to be licensed under section 440.032 of the statutes.

SB296,17,3 2. Except as provided in subdivision 3 ., the department's recommendations regarding whether any of the requirements to hold a credential described in subdivision 1. a. to f . should be eliminated, based on all of the following:

SB296,17,7 a. The department's evaluation of whether the unregulated practice of that occupation or profession can clearly harm or endanger the health, safety, or welfare of the public, and whether the potential for the harm is recognizable and not remote or speculative.

SB296,17,9 b. The department's evaluation of whether the public reasonably benefits from the credential requirement.

SB296,17,11 c. The department's evaluation of whether the public can be effectively protected by any means other than requiring the credential.

SB296,17,13 d. The department's analysis of whether similar credentialing requirements for the regulated occupation or profession exist in other states.

SB296,17,15 e. The department's estimate of the number of individuals or entities that are affected by the credential requirement.

SB296,17,20 f. The department's estimate of the total financial burden imposed on individuals or entities as a result of the credentialing requirement, including education or training costs, examination fees, private credential fees, credential fees imposed by the state, and other costs individuals or entities incur in order to obtain the required credential.

SB296,17,24 g. Any statement or analysis provided by the department or, if the credential requirement is administered by a board, examining board, or affiliated credentialing board in the department, any statement or analysis provided by that board, examining board, or affiliated credentialing board.

SB296,18,3 3. The department is not required to report under subdivision 2. on a requirement to hold a credential described in subdivision 1. a . to f. if that requirement is eliminated prior to the date the department issues the report.

SB296,17 Section 17. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB296,18,6 (1) Section 16 (1 ) of this act takes effect on the day after publication.

SB296,18,8 (2) The repeal and recreation of section 440.14 (2) and (3) of the statutes takes effect on December 16, 2019.

SB296,18,9 (End)