2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Kooyenga, Johnson, Feyen, Olsen and
Larson, cosponsored by Representatives Quinn, Haywood, Fields, Kulp,
Steffen, Vruwink, Skowronski, Stubbs, Ohnstad, Spreitzer and Brostoff.
Referred to Committee on Public Benefits, Licensing and State-Federal
SB746,1,5 1An Act to create 440.03 (13) (br) of the statutes; relating to: investigations of
2conviction records by the department of safety and professional services for
3purposes of determining eligibility for credentials, extending the time limit for
4emergency rule procedures, and providing an exemption from emergency rule
Analysis by the Legislative Reference Bureau
This bill requires the Department of Safety and Professional Services, when
conducting an investigation of the conviction record of a credential applicant, to
review and obtain information to determine the circumstances of each case or
offense, except that the bill allows DSPS, in its discretion, to complete its
investigation of a conviction record without reviewing the circumstances of certain
types of offenses specified in the bill. These offenses include certain first offense
operating while intoxicated (OWI) and related violations; certain underage alcohol
violations; minor, nonviolent ordinance violations, as determined by DSPS; and
certain nonviolent offenses, as determined by DSPS, for which the person was
adjudicated delinquent under the juvenile justice law or a similar law of another

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB746,1 1Section 1. 440.03 (13) (br) of the statutes is created to read:
SB746,2,62 440.03 (13) (br) When conducting an investigation of a conviction record under
3par. (a) or (bm), the department shall review and obtain information to determine the
4circumstances of each case or offense, except that the department may, in its
5discretion, complete its investigation of a conviction record without reviewing the
6circumstances of any of the following types of violations:
SB746,2,157 1. If the violation occurred more than 5 years before the application date, a first
8conviction for a violation of s. 346.63 (1) (a), (am), or (b) or a local ordinance in
9conformity therewith or a law of a federally recognized American Indian tribe or
10band in this state in conformity with s. 346.63 (1) (a), (am), or (b) or the law of another
11jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or
12under the influence of alcohol, a controlled substance, a controlled substance analog
13or a combination thereof, or under the influence of any drug which renders the person
14incapable of safely driving, as those or substantially similar terms are used in that
15jurisdiction's laws.
SB746,2,1716 2. A violation of s. 125.07 (4) (a) or (b) or local ordinance that strictly conforms
17to s. 125.07 (4) (a) or (b), or of a substantially similar law of another jurisdiction.
SB746,2,1818 3. A minor, nonviolent ordinance violation, as determined by the department.
SB746,2,2119 4. A nonviolent offense, as determined by the department, for which the person
20was adjudicated delinquent under ch. 938 or a similar law of another state, and that
21was committed 5 years or more before the application date.
1Section 2. Nonstatutory provisions.
SB746,3,122 (1) Using the procedure under s. 227.24, the department of safety and
3professional services and any credentialing board, as defined in s. 440.01 (2) (bm),
4may promulgate rules that are necessary to implement the changes in this act.
5Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board is
6not required to provide evidence that promulgating a rule under this subsection as
7an emergency rule is necessary for the preservation of the public peace, health,
8safety, or welfare and is not required to provide a finding of emergency for a rule
9promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
10emergency rules promulgated under this subsection remain in effect until May 1,
112022, or the date on which permanent rules take effect, whichever is sooner, and the
12effective period may not be further extended under s. 227.24 (2).
SB746,3,1313 (End)