2003 - 2004 LEGISLATURE
April 9, 2003 - Introduced by Senators Cowles, Stepp and Hansen, cosponsored
by Representatives Krawczyk, Weber, Van Roy, McCormick, Hahn, Hines,
Owens and Vrakas. Referred to Committee on Labor, Small Business
Development and Consumer Affairs.
SB103,1,4
1An Act to renumber and amend 440.03 (13); and
to create 440.03 (13) (b) and
2440.03 (13) (c) of the statutes;
relating to: criminal background investigations
3by the Department of Regulation and Licensing of applicants for certain
4professional credentials.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Regulation and Licensing (DRL)
investigates applicants for certain professional credentials issued by DRL and
boards in DRL to determine whether the applicants satisfy the eligibility
requirements for the credentials. For some credentials, an applicant is ineligible for
the credential if he or she has an arrest or conviction record the circumstances of
which substantially relate to the professional activity for which the credential is
issued. Also, for some credentials, DRL or a board in DRL may take disciplinary
action against a credential holder who has such an arrest or conviction. Current law
allows DRL to require an applicant for a credential to provide any information that
is necessary for investigating an applicant's eligibility.
This bill specifies that, if DRL receives credible evidence that an applicant for,
or holder of, a credential has been charged with or convicted of a crime, DRL is
allowed to investigate the charge or conviction. If DRL conducts such an
investigation, DRL must require the applicant or credential holder to be
photographed and fingerprinted.
Under the bill, DRL must require an applicant or credential holder for the
following types of credentials to be photographed and fingerprinted, even if DRL has
not received credible evidence regarding convictions or crimes: 1) private detectives;
and 2) private security persons. (Under current law, an applicant for those
credentials is ineligible if he or she has been convicted of an unpardoned felony, even
if the circumstances do not substantially relate to private detective or security
activities.)
The bill allows the state Department of Justice to submit fingerprints obtained
by DRL under the bill to the Federal Bureau of Investigation for the purpose of
verifying the identity of the applicant or credential holder and obtaining his or her
records of criminal arrests and convictions.
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:
SB103, s. 1
1Section
1. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and
2amended to read:
SB103,2,113
440.03
(13) (a) The department may conduct an investigation to determine
4whether an applicant for a credential issued under chs. 440 to 480 satisfies any of
5the eligibility requirements specified for the credential, including whether the
6applicant does not have an arrest or conviction record. In conducting an
7investigation under this
subsection paragraph, the department may require an
8applicant to provide any information that is necessary for the investigation or, for the
9purpose of obtaining information related to an arrest or conviction record of an
10applicant, to complete forms provided by the department of justice
or the federal
11bureau of investigation.
SB103,2,14
12(d) The department shall charge
the
an applicant any fees, costs
, or other
13expenses incurred in conducting
the any investigation under this subsection
or s.
14440.26.
SB103, s. 2
15Section
2. 440.03 (13) (b) of the statutes is created to read:
SB103,3,3
1440.03
(13) (b) Upon the receipt of credible evidence that an applicant for or
2holder of any of the following credentials has been charged with or convicted of a
3crime, the department may investigate the charge or conviction:
SB103,3,44
1. Accountant, certified public.
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2. Acupuncturist.
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3. Advanced practice nurse prescriber.
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4. Aesthetician.
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5. Aesthetics instructor.
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6. Appraiser, real estate, certified general.
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7. Appraiser, real estate, certified residential.
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8. Appraiser, real estate, licensed.
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9. Architect.
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10. Athletic trainer.
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11. Auctioneer.
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12. Audiologist.
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13. Barber or cosmetologist.
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14. Barbering or cosmetology instructor.
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15. Barbering or cosmetology manager.
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17. Cemetery preneed seller.
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18. Cemetery salesperson.
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19. Chiropractor.
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20. Dental hygienist.
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21. Dentist.
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22. Designer of engineering systems.
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123. Dietitian.
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24. Drug distributor.
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25. Drug manufacturer.
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26. Electrologist.
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27. Electrology instructor.
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28. Engineer, professional.
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29. Fund-raising counsel.
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30. Funeral director.
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31. Hearing instrument specialist.
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32. Home inspector.
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33. Landscape architect.
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34. Land surveyor.
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35. Manicuring instructor.
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36. Manicurist.
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37. Marriage and family therapist.
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38. Massage therapist or bodyworker.
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39. Music, art, or dance therapist.
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40. Nurse, licensed practical.
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41. Nurse, registered.
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42. Nurse-midwife.
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43. Nursing home administrator.
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44. Occupational therapist.
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45. Occupational therapy assistant.
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46. Optometrist.
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47. Perfusionist.
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148. Pharmacist.
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49. Physical therapist.
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50. Physical therapist assistant.
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51. Physician.
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52. Physician assistant.
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53. Podiatrist.
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54. Private detective.
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55. Private practice school psychologist.
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56. Private security person.
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57. Professional counselor.
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58. Professional fund-raiser.
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59. Professional geologist.
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60. Professional hydrologist.
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61. Professional soil scientist.
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62. Psychologist.
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63. Real estate broker.
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64. Real estate salesperson.
