SB541,3,5
1(b) A bill that requires a report by the department of safety and professional
2services under this section shall have that requirement noted on its jacket when the
3jacket is prepared. When a bill that requires a report under this section is
4introduced, the legislative reference bureau shall submit a copy of the bill to the
5department of safety and professional services.
SB541,3,126 (c) The report prepared under this section shall be printed as an appendix to
7the applicable bill and shall be distributed in the same manner as amendments. The
8report shall be distributed before any vote is taken on the bill by either house of the
9legislature if the bill is not referred to a standing committee, or before any public
10hearing is held before any standing committee or, if no public hearing is held, before
11any vote is taken by the committee. The department of safety and professional
12services shall also publish the report on its Internet site.
SB541,3,15 13(3) Findings to be contained in the report. The department of safety and
14professional services shall include all of the following in a report prepared under sub.
15(2):
SB541,3,1916 (a) An evaluation of whether the unregulated practice of the profession,
17occupation, or business can clearly harm or endanger the health, safety, or welfare
18of the public, and whether the potential for the harm is recognizable and not remote
19or speculative.
SB541,3,2120 (b) An evaluation of whether the public can reasonably be expected to benefit
21from the requirement for the license.
SB541,3,2322 (c) An evaluation of what the least restrictive regulation is that will effectively
23protect the public, as determined under sub. (4).
SB541,3,2524 (d) An analysis of licensure requirements for that profession, occupation, or
25business in other states, including educational and reciprocity requirements.
SB541,4,2
1(e) An estimate of the number of individuals or businesses that would be
2affected by the requirement.
SB541,4,73 (f) An estimate of the total additional financial burden that will be imposed on
4an individual or business as a result of the licensure requirement, including
5education or training costs, examination fees, private credential fees, credential fees
6imposed by the agency, and other costs that the individual or business will have to
7incur in order to obtain the license.
SB541,4,98 (g) Any statement or analysis from the department or the agency that would
9administer the licensure requirement.
SB541,4,10 10(4) Determination of least restrictive regulation. (a) In this subsection:
SB541,4,1211 1. “Certification” means a voluntary program to which all of the following
12apply:
SB541,4,1513 a. A private organization or the state grants a nontransferable recognition to
14an individual who meets certain personal qualifications established by the private
15organization or by law.
SB541,4,1616 b. Upon approval, the individual may use “certified” as a designated title.
SB541,4,1817 c. A noncertified individual may perform the occupation for compensation but
18may not use the title “certified.”
SB541,4,1919 2. “Occupational license” means a program to which all of the following apply:
SB541,4,2220 a. The state grants a nontransferable authorization to an individual who meets
21certain personal qualifications established by law in order to perform an occupation
22for compensation.
SB541,4,2423 b. It is unlawful for an individual who does not possess the requisite
24authorization to perform the occupation for compensation.
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13. “Personal qualifications” means criteria related to an individual's personal
2background and characteristics, including completion of an approved educational
3program, satisfactory performance on an examination, work experience, other
4evidence of attainment of requisite skills or knowledge, moral standing, criminal
5history, and completion of continuing education.
SB541,5,66 4. “Registration” means a program to which all of the following apply:
SB541,5,107 a. It requires an individual to provide notice to the state that may include the
8individual's name and address, the individual's agent for service of process, the
9location of the activity to be performed, and a description of the service the individual
10provides.
SB541,5,1211 b. It does not require certain personal qualifications to be satisfied, but may
12require a bond or insurance.
SB541,5,1313 c. Upon registering, the individual may use “registered” as a designated title.
SB541,5,1514 d. A nonregistered individual may not perform the occupation for
15compensation or use “registered” as a designated title.
SB541,5,1716 (b) For purposes of sub. (3) (c), “least restrictive regulation” means one of the
17following, from least restrictive to most restrictive:
SB541,5,1818 1. Market competition.
SB541,5,1919 2. Third-party or consumer-created ratings and reviews.
SB541,5,2020 3. Private certification.
SB541,5,2121 4. A specific private civil cause of action to remedy consumer harm.
SB541,5,2322 5. The designation of an unfair trade practice or method of competition in
23business.
SB541,5,2524 6. The regulation of the process of providing the specific goods or services to
25consumers.
SB541,6,1
17. An inspection requirement.
SB541,6,22 8. A bonding or insurance requirement.
SB541,6,33 9. A registration requirement.
SB541,6,44 10. A governmental certification requirement.
SB541,6,55 11. An occupational license requirement.
SB541,2 6Section 2 . Initial applicability.
SB541,6,87 (1) Occupational license reports. The treatment of s. 13.0963 first applies to
8a bill introduced on the effective date of this subsection.
SB541,3 9Section 3 . Effective dates.
SB541,6,1110 (1) Occupational license reports. The treatment of s. 13.0963 and Section 2
11(1) of this act takes effect on the 14th day after publication.
SB541,6,1212 (End)
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