SB541: Bill Text

SB541,3,15 (3) Findings to be contained in the report. The department of safety and professional services shall include all of the following in a report prepared under sub. (2):

SB541,3,19 (a) An evaluation of whether the unregulated practice of the profession, occupation, or business 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.

SB541,3,21 (b) An evaluation of whether the public can reasonably be expected to benefit from the requirement for the license.

SB541,3,23 (c) An evaluation of what the least restrictive regulation is that will effectively protect the public, as determined under sub. (4).

SB541,3,25 (d) An analysis of licensure requirements for that profession, occupation, or business in other states, including educational and reciprocity requirements.

SB541,4,2 (e) An estimate of the number of individuals or businesses that would be affected by the requirement.

SB541,4,7 (f) An estimate of the total additional financial burden that will be imposed on an individual or business as a result of the licensure requirement, including education or training costs, examination fees, private credential fees, credential fees imposed by the agency, and other costs that the individual or business will have to incur in order to obtain the license.

SB541,4,9 (g) Any statement or analysis from the department or the agency that would administer the licensure requirement.

SB541,4,10 (4) Determination of least restrictive regulation. (a) In this subsection:

SB541,4,12 1. “Certification” means a voluntary program to which all of the following apply:

SB541,4,15 a. A private organization or the state grants a nontransferable recognition to an individual who meets certain personal qualifications established by the private organization or by law.

SB541,4,16 b. Upon approval, the individual may use “certified” as a designated title.

SB541,4,18 c. A noncertified individual may perform the occupation for compensation but may not use the title “certified.”

SB541,4,19 2. “Occupational license” means a program to which all of the following apply:

SB541,4,22 a. The state grants a nontransferable authorization to an individual who meets certain personal qualifications established by law in order to perform an occupation for compensation.

SB541,4,24 b. It is unlawful for an individual who does not possess the requisite authorization to perform the occupation for compensation.

SB541,5,5 3. “Personal qualifications” means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.

SB541,5,6 4. “Registration” means a program to which all of the following apply:

SB541,5,10 a. It requires an individual to provide notice to the state that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides.

SB541,5,12 b. It does not require certain personal qualifications to be satisfied, but may require a bond or insurance.

SB541,5,13 c. Upon registering, the individual may use “registered” as a designated title.

SB541,5,15 d. A nonregistered individual may not perform the occupation for compensation or use “registered” as a designated title.

SB541,5,17 (b) For purposes of sub. (3) (c), “least restrictive regulation” means one of the following, from least restrictive to most restrictive:

SB541,5,18 1. Market competition.

SB541,5,19 2. Third-party or consumer-created ratings and reviews.

SB541,5,20 3. Private certification.

SB541,5,21 4. A specific private civil cause of action to remedy consumer harm.

SB541,5,23 5. The designation of an unfair trade practice or method of competition in business.

SB541,5,25 6. The regulation of the process of providing the specific goods or services to consumers.

SB541,6,1 7. An inspection requirement.

SB541,6,2 8. A bonding or insurance requirement.

SB541,6,3 9. A registration requirement.

SB541,6,4 10. A governmental certification requirement.

SB541,6,5 11. An occupational license requirement.

SB541,2 Section 2 . Initial applicability.

SB541,6,8 (1) Occupational license reports. The treatment of s. 13.0963 first applies to a bill introduced on the effective date of this subsection.

SB541,3 Section 3 . Effective dates.

SB541,6,11 (1) Occupational license reports. The treatment of s. 13.0963 and Section 2 (1) of this act takes effect on the 14th day after publication.

SB541,6,12 (End)