SB296,13,2421 (b) 1. The department shall conduct an investigation to determine whether an
22applicant under par. (a) does not have an arrest or conviction record. In conducting
23an investigation under this paragraph, the department may require an applicant to
24provide any information that is necessary for the investigation.
SB296,14,5
12. An individual may apply to the secretary for a waiver from the investigation
2requirement under subd. 1. The secretary may grant the waiver only if the secretary
3determines the individual, in practicing the individual's occupation or profession,
4would not present an unreasonable risk of harm to the health, safety, or welfare of
5the public.
SB296,14,76 3. The department may charge an individual any fees, costs, or other expenses
7incurred in conducting any investigation under subd. 1.
SB296,14,10 8(2) (a) The department shall review completed applications submitted under
9sub. (1). If the department approves an individual's application, the department
10shall include that individual in the registry.
SB296,14,1611 (b) An individual's inclusion in the registry shall be subject to renewal every
122 years. The department may require the payment of a renewal fee for a renewal
13under this paragraph in an amount necessary to reflect the administrative and
14enforcement costs of the department associated with the inclusion of individuals
15certified by that supporting organization in the registry. The department shall
16adjust the fee in accordance with s. 440.03 (9).
SB296,14,21 17(3) An individual who is included in the registry and is convicted of a felony or
18misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the
19department within 48 hours after the entry of the judgment of conviction. The
20department shall by rule determine what information and documentation the
21individual shall include with the written notice.
SB296,14,23 22(4) An individual who is included in the registry as provided in sub. (2) shall
23be removed from the registry if any of the following applies:
SB296,14,2524 (a) The supporting organization that certified the individual is removed from
25the registry under s. 475.10 (6).
SB296,15,2
1(b) The individual fails to renew his or her inclusion in the registry as provided
2in sub. (2) (b).
SB296,15,43 (c) The department receives a notification from a supporting organization
4under s. 475.10 (7) (a) that the individual has been decertified.
SB296,15,75 (d) The department determines, on the basis of a notification under s. 475.10
6(7) (b), on the basis of an audit under sub. (6), or otherwise, that the individual does
7not possess the requisite certification.
SB296,15,98 (e) Subject to ss. 111.321, 111.322, and 111.335, the individual is convicted of
9a crime.
SB296,15,1010 (f) The department removes the individual pursuant to s. 440.23.
SB296,15,16 11(5) No individual may, in conjunction with his or her practice of an occupation
12or profession, use the phrase “state certified” or anything else to indicate that he or
13she is certified by the state to engage in that occupation or profession, if a supporting
14organization for that occupation or profession is included on the registry under s.
15475.10, unless the individual is currently included in the registry as provided in sub.
16(2).
SB296,15,19 17(6) The department may conduct audits of information submitted by
18individuals in applications under sub. (1) (a) or by individuals included in the
19registry as provided in sub. (2).
SB296,15,21 20475.15 Penalties. (1) Any individual who violates s. 475.13 (5) is subject to
21a forfeiture not to exceed $10,000.
SB296,15,25 22(2) Any individual who, in an application for inclusion in the registry under s.
23475.13 (1) (a) or in a renewal application under s. 475.13 (2) (b), intentionally makes
24a material misstatement or intentionally submits falsified documentation is subject
25to a forfeiture not to exceed $1,000.
SB296,16
1Section 16 . Nonstatutory provisions.
SB296,16,22 (1) Report.
SB296,16,33 (a) In this subsection:
SB296,16,4 41. “Credential” has the meaning given in section 440.01 (2) (a) of the statutes.
SB296,16,55 2. “Department” means the department of safety and professional services.
SB296,16,76 3. “Supporting organization” has the meaning given in section 475.01 (3) (a) of
7the statutes.
SB296,16,118 (b) The department shall, within one year after the effective date of this
9subsection, submit a report to the joint committee on finance and to the appropriate
10standing committees of the legislature under section 13.172 (3) of the statutes
11regarding all of the following:
SB296,16,13 121. Whether there is a supporting organization corresponding to any of the
13following occupations or professions:
SB296,16,15 14a. Auctioneers, who are required to be registered under chapter 480 of the
15statutes.
SB296,16,17 16b. Dietitians, who are required to be certified under subchapter V of chapter
17448 of the statutes.
SB296,16,19 18c. Landscape architects, who are required to be registered under chapter 443
19of the statutes.
SB296,16,21 20d. Private detectives, who are required to be licensed under section 440.26 of
21the statutes.
SB296,16,23 22e. Private security persons, who are required to hold a permit under section
23440.26 of the statutes.
SB296,16,25 24f. Sign language interpreters, who are required to be licensed under section
25440.032 of the statutes.
SB296,17,3
12. Except as provided in subdivision 3 ., the department's recommendations
2regarding whether any of the requirements to hold a credential described in
3subdivision 1. a. to f . should be eliminated, based on all of the following:
SB296,17,7 4a. The department's evaluation of whether the unregulated practice of that
5occupation or profession can clearly harm or endanger the health, safety, or welfare
6of the public, and whether the potential for the harm is recognizable and not remote
7or speculative.
SB296,17,9 8b. The department's evaluation of whether the public reasonably benefits from
9the credential requirement.
SB296,17,11 10c. The department's evaluation of whether the public can be effectively
11protected by any means other than requiring the credential.
SB296,17,13 12d. The department's analysis of whether similar credentialing requirements
13for the regulated occupation or profession exist in other states.
SB296,17,15 14e. The department's estimate of the number of individuals or entities that are
15affected by the credential requirement.
SB296,17,20 16f. The department's estimate of the total financial burden imposed on
17individuals or entities as a result of the credentialing requirement, including
18education or training costs, examination fees, private credential fees, credential fees
19imposed by the state, and other costs individuals or entities incur in order to obtain
20the required credential.
SB296,17,24 21g. Any statement or analysis provided by the department or, if the credential
22requirement is administered by a board, examining board, or affiliated credentialing
23board in the department, any statement or analysis provided by that board,
24examining board, or affiliated credentialing board.
SB296,18,3
13. The department is not required to report under subdivision 2. on a
2requirement to hold a credential described in subdivision 1. a . to f. if that
3requirement is eliminated prior to the date the department issues the report.
SB296,17 4Section 17. Effective dates. This act takes effect on the first day of the 7th
5month beginning after publication, except as follows:
SB296,18,66 (1) Section 16 (1 ) of this act takes effect on the day after publication.
SB296,18,87 (2) The repeal and recreation of section 440.14 (2) and (3) of the statutes takes
8effect on December 16, 2019.
SB296,18,99 (End)
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