AB741: Bill Text

AB741,7,11 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employe or applicant for employment based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.

AB741, s. 11 Section 11. 111.31 (3) of the statutes is amended to read:

AB741,7,22 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB741, s. 12 Section 12. 111.32 (1) of the statutes is repealed.

AB741, s. 13 Section 13. 111.32 (3) of the statutes is repealed.

AB741, s. 14 Section 14. 111.321 of the statutes is amended to read:

AB741,8,8 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours.

AB741, s. 15 Section 15. 111.335 of the statutes is repealed.

AB741, s. 16 Section 16. 121.555 (2) (c) 5. of the statutes is amended to read:

AB741,9,3 121.555 (2) (c) 5. Notwithstanding ss. 111.321, 111.322 and 111.335, may May not be a person convicted within a 2-year period of reckless driving under s. 346.62 or a local ordinance in conformity with s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under s. 343.44 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under s. 343.31 (1) or (2), or 2 or more offenses under s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are defined in s. 340.01 (9r) and (41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under s. 343.307 (2) (a) to (g), or a person convicted within a 5-year period of violating s. 940.09 (1) or 940.25. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.

AB741, s. 17 Section 17. 125.04 (5) (a) 1. of the statutes is amended to read:

AB741,9,6 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335.

AB741, s. 18 Section 18. 125.04 (5) (b) of the statutes is amended to read:

AB741,9,11 125.04 (5) (b) Criminal offenders. No license or permit related to alcohol beverages may, subject to ss. 111.321, 111.322 and 111.335, be issued under this chapter to any person who has habitually been a law offender or has been convicted of a felony unless the person has been duly pardoned.

AB741, s. 19 Section 19. 137.01 (1) (b) of the statutes is amended to read:

AB741,9,16 137.01 (1) (b) The secretary of state shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB741, s. 20 Section 20. 139.34 (1) (c) (intro.) of the statutes is amended to read:

AB741,9,19 139.34 (1) (c) (intro.) Subject to ss. 111.321, and 111.322 and 111.335, no permit under this section may be granted to any person to whom any of the following applies:

AB741, s. 21 Section 21. 139.37 (1) (c) (intro.) of the statutes is amended to read:

AB741,9,22 139.37 (1) (c) (intro.) Subject to ss. 111.321, and 111.322 and 111.335, no permit under this section may be granted to any person who:

AB741, s. 22 Section 22. 146.50 (6) (a) 1. of the statutes is amended to read:

AB741,9,25 146.50 (6) (a) 1. Be 18 years of age or older; be capable of performing the actions authorized under sub. (6m) for an emergency medical technician — basic, an emergency medical technician — intermediate or an emergency medical technician — paramedic, for which licensure is sought; and, subject to ss. 111.321, 111.322 and 111.335, not have an arrest or conviction record.

AB741, s. 23 Section 23. 146.50 (6) (a) 1. of the statutes, as affected by 1993 Wisconsin Act 251 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB741,10,10 146.50 (6) (a) 1. Be 18 years of age or older; be capable of performing the actions authorized in rules promulgated under sub. (13) (c) for an emergency medical technician — basic, an emergency medical technician — intermediate or an emergency medical technician — paramedic, for which licensure is sought; and not have an arrest or conviction record.

AB741, s. 24 Section 24. 343.12 (2) (d) of the statutes is amended to read:

AB741,11,3 343.12 (2) (d) Notwithstanding ss. 111.321, 111.322 and 111.335, has Has not been convicted of reckless driving under s. 346.62 or a local ordinance in conformity with s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under s. 343.44 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under s. 343.31 (1) or (2), or 2 or more offenses under s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are defined in s. 340.01 (9r) and (41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under s. 343.307 (2), within the 2-year period immediately preceding the date of application. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.

AB741, s. 25 Section 25. 343.12 (2) (e) of the statutes is amended to read:

AB741,11,10 343.12 (2) (e) Subject to ss. 111.321, 111.322 and 111.335, has Has not been convicted of a felony or offense against public morals in this state, including a conviction under the law of a federally recognized American Indian tribe or band in this state for an offense which, if the person had been convicted of the offense under the laws of this state, would have constituted a felony or offense against public morals, or in another jurisdiction, within the past 5 years.

AB741, s. 26 Section 26. 343.64 (3) of the statutes is amended to read:

AB741,11,14 343.64 (3) Subject to ss. 111.321, 111.322 and 111.335, the The applicant or any officer, director, stockholder, partner or any person directly interested in the business has been convicted of a felony, unless the person so convicted has been duly pardoned;

AB741, s. 27 Section 27. 343.65 (2) of the statutes is amended to read:

AB741,11,20 343.65 (2) The applicant has failed to furnish satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, has not had a driving record satisfactory to the secretary, or, subject to ss. 111.321, 111.322 and 111.335, has been convicted of a felony and has not been duly pardoned.

AB741, s. 28 Section 28. 343.66 (2) of the statutes is amended to read:

AB741,11,23 343.66 (2) Subject to ss. 111.321, 111.322 and 111.335, the The licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;

AB741, s. 29 Section 29. 343.66 (5) of the statutes is amended to read:

AB741,12,4 343.66 (5) Subject to ss. 111.321, 111.322 and 111.335, the The licensee has knowingly employed, as an instructor, a person who has been convicted of a felony or has retained such a person in such employ after knowledge of his or her conviction; or

AB741, s. 30 Section 30. 343.67 (2) of the statutes is amended to read:

AB741,12,7 343.67 (2) Subject to ss. 111.321, 111.322 and 111.335, the The licensee has been convicted of a felony;

AB741, s. 31 Section 31. 349.25 (2) of the statutes is amended to read:

AB741,12,17 349.25 (2) No county board may issue a license for any of the vehicles mentioned in sub. (1) unless the applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and until the applicant exhibits proof that liability insurance will be in force for the protection of passengers in the minimum amount of $10,000 for any one passenger and $50,000 for any single accident. Section 632.24 is applicable to the insurance required under this section, whether the vehicle is a motor vehicle or is propelled in some other manner. The county board shall set the amount for each license issued, not to exceed an amount reasonably related to the actual and necessary cost of providing the license.

AB741, s. 32 Section 32. 440.26 (2) (c) of the statutes is amended to read:

AB741,13,2 440.26 (2) (c) Approval. The department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence. Subject to ss. 111.321, 111.322 and 111.335, no No person convicted of a felony is eligible for a license for 5 years thereafter. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.

AB741, s. 33 Section 33. 440.26 (5) of the statutes is amended to read:

AB741,14,4 440.26 (5) Exemptions; private security permit. This section does not apply to any person employed, directly or indirectly by the state or municipality as defined in s. 345.05 (1) (c), or to any employe of a railroad company under s. 192.47, or employes of commercial establishments, who operate exclusively on their premises. An employe of any licensed agency doing business in this state as a supplier of uniformed security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities are exempt from the license requirements of this section while engaged in such employment, if the person obtains a private security permit under this section. The agency shall furnish upon request an up-to-date record of its employes to the chief of police or other local law enforcement official designated by the department for the municipality wherein such activities take place. Such record shall include the name, residence address, date of birth and a physical description of each such employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of the employe, and, subject to ss. 111.321, 111.322 and 111.335, no. No person shall be eligible for a private security permit who has been convicted in this state or elsewhere of a felony within 5 years preceding application. The agency shall notify the chief of police or other designated official in writing within 5 days of any change of the residence address or of the termination of employment of such person. A private security permit shall be issued or denied within 48 hours of application by the chief of police or other designated official. The permit shall remain valid unless for just cause revoked by the chief of police or other designated official issuing the permit for just cause. Upon denial or revocation of a permit, appeal may be taken to the department. The chief of police or other designated official may charge the agency a fee of not more than $10 for issuing the permit.

AB741, s. 34 Section 34. 440.26 (6) of the statutes is amended to read:

AB741,14,12 440.26 (6) Discipline. Subject to the rules adopted under s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has been convicted of a crime, subject to ss. 111.321, 111.322 and 111.335, or who has engaged in conduct reflecting adversely on his or her professional qualification , or who has made a false statement in connection with any application for a license or permit under this section.

AB741, s. 35 Section 35. 440.92 (1) (b) 3. of the statutes is amended to read:

AB741,14,16 440.92 (1) (b) 3. Subject to ss. 111.321, 111.322 and 111.335, submits Submits evidence satisfactory to the department that the person does not have a conviction record.

AB741, s. 36 Section 36. 440.93 (1) (d) of the statutes is amended to read:

AB741,14,20 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been Been convicted of an offense the circumstances of which substantially relate to the sale of a cemetery lot, cemetery merchandise or mausoleum space.

AB741, s. 37 Section 37. 441.04 of the statutes is amended to read:

AB741,15,5 441.04 Requisites for examination as a registered nurse. Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds a diploma of graduation from an accredited school of nursing and, if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee specified under s. 440.05 (1) shall be entitled to examination.

AB741, s. 38 Section 38. 441.10 (1) of the statutes is amended to read:

AB741,15,15 441.10 (1) Prerequisites for examination as licensed practical nurses. A person who is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, has completed 2 years of high school or its equivalent as determined by the board and holds a diploma of graduation from an accredited school for licensed practical nurses approved by that board, may apply to the board for licensing as a licensed practical nurse, and, upon payment of the examination fee specified in s. 440.05 (1), shall be entitled to take an examination. Any school for licensed practical nurses, in order to be accredited, must offer a course of not less than 9 months.

AB741, s. 39 Section 39. 442.04 (5) of the statutes is amended to read:

AB741,16,8 442.04 (5) No certificate as a certified public accountant may be granted to any person other than a person who is 18 years of age or older, who does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and who, except as provided in s. 442.05, has successfully passed a written examination in such subjects affecting accountancy as the examining board deems necessary, and who, if the application was made before July 1, 1968, has had at least 3 years of accounting experience, equivalent to that of a senior in public practice. The examining board may accept evidence of sufficient technical education in accountancy in lieu of 1 1/2 years of public accounting experience. If the application was after that date and the applicant has had at least 1 1/2 years accounting experience equivalent to that of a senior in public practice, the sufficiency of the experience to be judged by the examining board, the examining board may supplement the written examination by an interview and may use the examination service provided by the American institute of certified public accountants. The examining board shall ensure that evaluation procedures and examinations are nondiscriminatory, relate directly to accountancy and are designed to measure only the ability to perform competently as an accountant.

AB741, s. 40 Section 40. 443.06 (1) (a) of the statutes is amended to read:

AB741,16,18 443.06 (1) (a) Application for registration as a land surveyor or a permit to practice shall be made to the section under oath, on forms prescribed by the examining board and provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall be entitled to be registered or issued a permit to practice as land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

AB741, s. 41 Section 41. 443.09 (2) of the statutes is amended to read:

AB741,16,23 443.09 (2) Subject to ss. 111.321, 111.322 and 111.335, no No person who has an arrest or conviction record is eligible for registration as an architect, a landscape architect, a professional geologist or a professional engineer, or certification as an engineer-in-training.

AB741, s. 42 Section 42. 443.11 (1) (f) of the statutes is amended to read:

AB741,17,4 443.11 (1) (f) Conviction of a felony, subject to ss. 111.321, 111.322 and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction, a certified copy of the record of conviction or adjudication of incompetency to be conclusive evidence of such conviction or incompetency.

AB741, s. 43 Section 43. 443.13 of the statutes is amended to read:

AB741,17,18 443.13 Disciplinary proceedings against designers of engineering systems. The examining board may limit, suspend or revoke a permit or reprimand the permittee if the permittee is guilty of fraud or deceit in obtaining the permit, gross negligence, incompetency or misconduct in practice, signing documents not prepared by the permittee or under the permittee's control, knowingly aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter or conviction of a felony, subject to ss. 111.321, 111.322 and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction. If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the examining board shall reprimand the permittee or limit, suspend or revoke the permit. The action of the examining board is subject to review under ch. 227.

AB741, s. 44 Section 44. 445.045 (1) (b) of the statutes is amended to read:

AB741,17,21 445.045 (1) (b) Subject to ss. 111.321, 111.322 and 111.335, not Not have an arrest or conviction record;

AB741, s. 45 Section 45. 445.095 (1) (a) of the statutes is amended to read:

AB741,18,18 445.095 (1) (a) A person desiring to become an apprentice as a funeral director shall apply on a form provided for the purpose and appear before the examining board, or any duly appointed representative of the examining board. The application shall state that the applicant is 18 years of age or older, holds a high school diploma or possesses equivalent education as defined by the examining board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and has completed one academic year of instruction in a recognized college or university in a course of study approved by the examining board or has equivalent education. The application must be substantiated by the oath of the applicant and be accompanied by the fee specified in s. 440.05 (6). When the examining board is satisfied as to the qualification of an applicant for apprenticeship, it shall issue a certificate of apprenticeship. When the apprentice enters the employment of a licensed funeral director, the apprentice shall immediately notify the examining board, giving the name and place of business of the funeral director whose service the apprentice has entered. If, at any time thereafter, the apprentice leaves the employ of the licensed funeral director whose service the apprentice has entered, the licensed funeral director shall give the apprentice an affidavit showing the length of time served as an apprentice with that employer, and the work done in detail, which affidavit shall be filed with the examining board and made a matter of record in that office. If the apprentice thereafter enters the employ of another licensed funeral director in this state, the applicant shall forthwith report such employment to the examining board.

AB741, s. 46 Section 46. 446.03 (3) of the statutes is amended to read:

AB741,18,24 446.03 (3) Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;

AB741, s. 47 Section 47. 447.07 (3) (e) of the statutes is amended to read:

AB741,19,3 447.07 (3) (e) Subject to ss. 111.321, 111.322 and 111.335, been Been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry or dental hygiene.

AB741, s. 48 Section 48. 448.04 (1) (b) 2. of the statutes is amended to read:

AB741,19,15 448.04 (1) (b) 2. An applicant who is a graduate of a foreign medical school and who, because of noteworthy professional attainment, is invited to serve on the academic staff of a medical school in this state as a visiting professor, may be granted a temporary license to practice medicine and surgery if the applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335. Such license shall remain in force only while the holder is serving full-time on the academic staff of a medical school, and the holder's entire practice is limited to the duties of the academic position. Such license shall expire 2 years after its date of granting and may be renewed at the discretion of the board. The board may require an applicant for licensure under this subdivision to appear before a member of the board for an interview.

AB741, s. 49 Section 49. 448.05 (1) (a) of the statutes is amended to read:

AB741,19,18 448.05 (1) (a) Subject to ss. 111.321, 111.322 and 111.335, not Not have an arrest or conviction record.

AB741, s. 50 Section 50. 448.53 (1) (c) of the statutes is amended to read:

AB741,19,22 448.53 (1) (c) Subject to ss. 111.321, 111.322 and 111.335, submits Submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.

AB741, s. 51 Section 51. 448.57 (2) (b) of the statutes is amended to read:

AB741,20,3 448.57 (2) (b) Subject to ss. 111.321, 111.322 and 111.335, been Been convicted of an offense the circumstances of which substantially relate to the practice of physical therapy.

AB741, s. 52 Section 52. 448.90 (2) (b) of the statutes, as created by 1993 Wisconsin Act 443, is amended to read:

AB741,20,8 448.90 (2) (b) Subject to ss. 111.321, 111.322 and 111.335, been Been convicted of an offense the circumstances of which substantially relate to the practice of dietetics.

AB741, s. 53 Section 53. 449.05 (1) (b) of the statutes is amended to read:

AB741,20,12 449.05 (1) (b) Unless he or she presents proof satisfactory to the examining board that, subject to ss. 111.321, 111.322 and 111.335, he or she does not have an arrest or conviction record;

AB741, s. 54 Section 54. 449.07 (1) (d) of the statutes is amended to read:

AB741,20,17 449.07 (1) (d) Has been convicted in a court of competent jurisdiction, either within or without this state, of any violation of any law governing the practice of optometry or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;

AB741, s. 55 Section 55. 451.04 (2) (c) of the statutes is amended to read:

AB741,20,21 451.04 (2) (c) Subject to ss. 111.321, 111.322 and 111.335, submits Submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.

AB741, s. 56 Section 56. 451.14 (2) (c) of the statutes is amended to read: