SB296: Bill Text

SB296,9,10 2. The extent to which the services provided by individuals practicing the occupation or profession include fiduciary responsibilities.

SB296,9,12 3. The extent to which the services provided by individuals practicing the occupation or profession can be misused for unscrupulous reasons.

SB296,9,14 (e) The organization's ability to decertify individuals who have received a certification from the organization.

SB296,9,16 (f) The organization's ability to investigate consumer complaints about individuals certified by the organization.

SB296,9,18 (g) The extent to which the organization monitors individuals certified by the organization.

SB296,9,19 (h) Continuing education services provided by the organization.

SB296,9,20 (i) The length of time the organization has existed.

SB296,9,21 (j) Other information the department deems appropriate.

SB296,9,22 (3) The department shall promulgate all of the following rules:

SB296,9,24 (a) Any rules necessary for creating and maintaining the registry under sub. (1).

SB296,10,3 (b) Rules establishing procedures for processing applications by supporting organizations under s. 475.10 and the removal of supporting organizations from the registry.

SB296,10,5 (c) Rules establishing procedures for processing applications by individuals under s. 475.13 and the removal of individuals from the registry.

SB296,10,7 (d) Rules establishing requirements and procedures for renewals under ss. 475.10 (5) and 475.13 (2) (b).

SB296,10,8 (e) Rules governing audits under s. 475.13 (6).

SB296,10,12 (4) The department shall, within 2 years after the department first approves a supporting organization under s. 475.10, submit a report to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) containing all of the following:

SB296,10,14 (a) The names of all supporting organizations that have been approved by the department under s. 475.10.

SB296,10,16 (b) The names of all organizations that applied for approval under s. 475.10 that were not approved by the department.

SB296,10,18 (c) Information about how the registry has provided additional consumer protection to the residents of this state.

SB296,10,20 (d) The department's recommendations as to whether the registry should be continued or whether the limitation under s. 475.10 (8) should be repealed.

SB296,11,2 475.10 Inclusion in registry; supporting organizations. (1) A supporting organization may apply for inclusion in the registry using the application created by the department under s. 475.05 (2). The department may charge a supporting organization an application fee in an amount necessary to reflect the administrative costs of the department that are associated with the application process. The department shall adjust any such fee in accordance with s. 440.03 (9).

SB296,11,10 (2) The department shall review completed applications from supporting organizations submitted under sub. (1). After the department has completed its review of an application, the department shall hold a public hearing on the application. To the extent practicable, the department shall conduct a hearing under this subsection in the manner prescribed for rule-making hearings under s. 227.18. The department may send a copy of a notice of a hearing under this subsection to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the Wisconsin administrative register.

SB296,11,20 (3) (a) The department shall, within 30 days after the date of the hearing held under sub. (2), either approve the application, deny the application, or request that the supporting organization submit additional information. The department shall approve an application if the department determines, based on the evidence presented in the supporting organization's application under sub. (1) and information and testimony presented at the hearing held under sub. (2), that approving the supporting organization will improve consumer protection in this state. After the department receives additional information as provided in this paragraph, the department may hold an additional hearing as needed and shall either approve or deny the application.

SB296,11,24 (b) Within 30 days after the department denies an application under this section, the supporting organization may petition the secretary for reconsideration of the application. The secretary shall make a decision on the petition within 30 days after it is filed.

SB296,12,5 (4) If the department approves a supporting organization's application for inclusion in the registry, the department shall include the supporting organization in the registry. The department shall allow an individual who is certified by an approved supporting organization to apply for inclusion in the registry as provided in s. 475.13.

SB296,12,12 (5) A supporting organization's inclusion in the registry shall be subject to renewal every 2 years. If the department requires the payment of an application fee under sub. (1), the department shall require the payment of a renewal fee for a renewal under this subsection in an amount necessary to reflect the administrative and enforcement costs of the department associated with that supporting organization's inclusion in the registry. The department shall adjust any such fee in accordance with s. 440.03 (9).

SB296,12,14 (6) The department may remove an approved supporting organization from the registry for any of the following reasons:

SB296,12,15 (a) The organization requests to be removed from the registry.

SB296,12,16 (b) The organization ceases its operations.

SB296,12,18 (c) The supporting organization fails to renew its inclusion in the registry as provided in sub. (5).

SB296,12,21 (d) Fraud or deceit in the application process that would have affected the department's decision to approve the supporting organization's application under sub. (1).

SB296,12,22 (e) The department removes the organization pursuant to s. 440.23.

SB296,12,25 (7) (a) A supporting organization that is included in the registry shall notify the department if the organization decertifies an individual who is certified by the organization.

SB296,13,5 (b) A supporting organization that is included in the registry may audit the information of an individual included in the registry under s. 475.13 who claims to have earned a certification from the supporting organization. If the supporting organization determines that an individual included in the registry does not possess the certification, the supporting organization shall notify the department.

SB296,13,9 (8) The department shall be limited to approving 5 supporting organizations for inclusion in the registry. Once the department has approved 5 supporting organizations, the department shall, notwithstanding sub. (3), summarily deny any outstanding applications and any subsequently filed applications.

SB296,13,13 475.13 Inclusion in registry; individuals. (1) (a) An individual may apply for inclusion in the registry by submitting an application to the department for inclusion in the registry on a form provided by the department. An applicant shall include all of the following with his or her application:

SB296,13,15 1. Evidence that the individual possesses a valid certification from an approved supporting organization that is included in the registry under s. 475.10 (4).

SB296,13,18 2. A fee in an amount necessary to reflect the administrative costs of the department that are associated with the application process. The department shall adjust the fee in accordance with s. 440.03 (9).

SB296,13,20 3. Subject to ss. 111.321, 111.322, and 111.335, evidence satisfactory to the department that the person does not have an arrest or conviction record.

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)