Wisconsin 2019-2020 Regular Session Status: Passed Senate 1 R cosponsors

SB 541 — Relating to: reports on bills requiring occupational licenses. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

151 added · 161 removed

Plain-language change summary

The changes made to SB 541 shift the responsibility for evaluating bills that require new occupational licenses from the Department of Safety and Professional Services (DSPS) to the Legislative Audit Bureau (LAB). The report from LAB will now include an assessment of potential public harm from unregulated practices, details on that harm, an analysis of the least restrictive alternatives, and an estimate of the financial impact on those affected by the new requirements. This matters because it aims to provide a more comprehensive and transparent analysis of how licensing could affect both public safety and the economy before new regulations are enacted.

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- 2020 LEGISLATURE LRBs0198/1 TJD:ahe SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 541 January 24, 2020 - Offered by Senator K APENGA .
- 2020 LEGISLATURE LRB-2155/1 KP:cdc SENATE BILL 541 October 31, 2019 - Introduced by Senators K APENGA , CRAIG, DARLING , KOOYENGA , STROEBEL and L .TAYLOR , cosponsored by Representatives H UTTON , DITTRICH, G UNDRUM , ORLACHER , NODL , KULP, MURPHY , NOVAK, SKOWRONSKI , SORTWELL , TUSLER and THIESFELDT .
Referred to Committee on Public Benefits, Licensing and State-Federal Relations.
reports on bills requiring occupational credentials.
reports on bills requiring occupational licenses.
Analysis by the Legislative Reference Bureau This bill requires the Legislative Audit Bureau to submit a report to the legislature when a bill is introduced that requires a new occupational credential.
Analysis by the Legislative Reference Bureau This bill requires the Department of Safety and Professional Services to prepare a report containing certain information on any bill that is introduced in the legislature that requires an individual to obtain a license in order to engage in a particular profession or occupation or that requires that a license be obtained in order for a particular type of business to be owned or operated.
LAB must include in the report all of the following:
The Legislative Reference Bureau must submit any bill to which the requirement applies to DSPS, and the report must be distributed before certain actions are taken on the bill in the legislature.
an evaluation of whether unregulated practice of the profession, occupation, or field recognizably harms or endangers the health, safety, or welfare of the public;
Under the bill, the report prepared by DSPS must include, among other information, all of the following:
the specific identification of any harm or endangerment including any credible evidence and the degree to which the harm or endangerment is remote or speculative;
1) an evaluation of the potential for the unregulated practice of the profession or occupation to harm the public;
an analysis made following the procedure under the bill and any recommendations of the least restrictive alternatives to manage or mitigate the harm to the public with the fewest negative effects;
2) an evaluation of whether the public can reasonably be expected to benefit from requiring the profession or occupation to be licensed;
an estimate of the number of individuals, businesses, or organizations that would be affected by the requirements in the proposal or bill;
3) an evaluation of what is the least restrictive regulation, as defined in the bill, of the profession or occupation that would effectively protect the public;
an evaluation of the negative effects of the proposal or bill on the public, the occupation, or any other occupation or business;
4) an analysis of licensure requirements for the profession or occupation in other states;
and the estimate of the total additional financial burden that would be imposed on an individual as a result of the credential requirement.
and 5) an estimate of the total additional financial burden that will be imposed on an individual or business involved in the profession or occupation as a result of the license requirement.
A bill that creates a new occupational credential requires a report to be completed by LAB and that requirement is noted on the bill's jacket.
- 2020 Legislature - 2 - LRB-2155/1 KP:cdc SENATE BILL 541 For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
Once the bill is introduced, the Legislative Reference Bureau submits a copy of the bill to LAB for completion of the report.
A legislator may direct the LRB to submit a copy of a LRBs0198/1 - 2020 Legislature - 2 - TJD:ahe legislative proposal to the LAB before introduction.
No later than 270 days after the introduction of the bill, the LAB must submit the report to the chief clerk of the house of the legislature in which the bill is introduced.
The chief clerk must ensure that the LAB's report is printed as an appendix to the bill, distributed in the same manner as amendments, and distributed and made available to the public at the times specified in the bill.
The LAB and the legislature must publish the LAB's report on their Internet sites.
Under the bill, a bill that requires the LAB's report may not receive a hearing or be voted on by either house or a standing committee before the report is distributed.
This procedure is similar to other requirements for reports on introduced bills under current law such as the requirement that a social and financial impact report be completed by the Office of the Commissioner of Insurance for any bill that contains a health insurance mandate.
S ECTION 1.
SECTION 1.
13.0963 Review of bills creating occupational or business credentials.
13.0963 Review of bills creating occupational licenses.
(1) D EFINITIONS.In this section:
(1) D EFINITIONS.
(a) “Agency” has the meaning given in s.
(a) In this section, “agency” has the meaning given in s.
(b) “Occupational credential” means any license, permit, certificate, approval, registration, charter, or similar form of permission that is nontransferable, is granted by an agency to an individual that meets any personal qualifications established by law, and is required by law in order to engage in a particular profession or occupation.
(b) In subs.
(2) and (3), “license” includes any permit, certificate, approval, registration, charter, or similar form of permission.
(a) A bill that creates a new occupational credential requires a report under this section and shall have that report requirement noted on its jacket when the jacket is prepared.
(a) If any bill that is introduced in either house of the legislature creates a requirement that an individual obtain a license in order to engage in a particular profession or occupation or a requirement that a license be obtained in order for a particular type of business to be owned or operated, the department of safety and professional services shall prepare and issue an occupational license report on the bill within 30 business days after it is introduced.
When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative audit bureau.
The department shall request information from any individual or business that the department considers likely to be affected by the proposed licensure requirement and, if a different agency would be required to administer the licensure requirement, the department shall request a statement or analysis from that agency.
A legislator may direct LRBs0198/1 - 2020 Legislature - 3 - TJD:ahe SECTION 1 the legislative reference bureau to submit a copy of a legislative proposal to the legislative audit bureau before the proposal is introduced.
Individuals, businesses, and agencies shall comply with requests by the department for information that is reasonably necessary for the department to prepare the report.
(b) No later than 270 days after the bill is introduced, the legislative audit bureau shall submit the report as described under sub.
To the greatest extent possible, reports under this section shall be based on the information obtained by the department from individuals, businesses, and agencies under this paragraph.
(3) to the chief clerk of the house of the legislature in which the bill is introduced.
LRB-2155/1 - 2020 Legislature - 3 - KP:cdc S ECTION 1 SENATE BILL 541 (b) A bill that requires a report by the department of safety and professional services under this section shall have that requirement noted on its jacket when the jacket is prepared.
After receiving the report from the legislative audit bureau, the chief clerk shall ensure all of the following:
When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department of safety and professional services.
1.
(c) The report prepared under this section shall be printed as an appendix to the applicable bill and shall be distributed in the same manner as amendments.
The report prepared under this section is printed as an appendix to the applicable bill and is distributed in the same manner as amendments.
The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee.
2.
The department of safety and professional services shall also publish the report on its Internet site.
The report is distributed, and is made available to the public, before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee.
(3) F INDINGS TO BE CONTAINED IN THE REPORT.
No bill requiring a report under this section may receive a hearing or be voted on by either house or a standing committee before the report is distributed under this subdivision.
The department of safety and professional services shall include all of the following in a report prepared under sub.
The legislative audit bureau and the legislature shall publish the report on their Internet sites.
(3) PREPARATION OF REPORT.
(a) The legislative audit bureau shall include all of the following in a report required under sub.
(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.
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(b) An evaluation of whether the public can reasonably be expected to benefit from the requirement for the license.
(c) An evaluation of what the least restrictive regulation is that will effectively protect the public, as determined under sub.
(4).
(d) An analysis of licensure requirements for that profession, occupation, or business in other states, including educational and reciprocity requirements.
- 2020 Legislature - 4 - LRB-2155/1 KP:cdc SENATE BILL 541 SECTION 1 (e) An estimate of the number of individuals or businesses that would be affected by the requirement.
(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.
(g) Any statement or analysis from the department or the agency that would administer the licensure requirement.
(4) D ETERMINATION OF LEAST RESTRICTIVE REGULATION.
(a) In this subsection:
An evaluation of whether the unregulated practice of the profession, occupation, or field recognizably harms or endangers the health, safety, or welfare of the public.
“Certification” means a voluntary program to which all of the following apply:
2.
a.
A specific identification of any harm or endangerment described under subd.
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.
1., any credible evidence of the harm or endangerment to consumers, and the degree to which the harm or endangerment is remote or speculative.
b.
LRBs0198/1 - 2020 Legislature - 4 - TJD:ahe SECTION 1 3.
Upon approval, the individual may use “certified” as a designated title.
An analysis completed in accordance with the procedure described in sub.
c.
(4) and any recommendations of the least restrictive alternatives to manage or mitigate the harm or endangerment to the public that have the least detrimental negative effects.
A noncertified individual may perform the occupation for compensation but may not use the title “certified.” 2.
“Occupational license” means a program to which all of the following apply:
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.
b.
It is unlawful for an individual who does not possess the requisite authorization to perform the occupation for compensation.
LRB-2155/1 - 2020 Legislature - 5 - KP:cdc SECTION 1 SENATE BILL 541 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.
An estimate of the number of individuals, businesses, or organizations that would be affected by the requirements in the proposal or bill.
“Registration” means a program to which all of the following apply:
5.
a.
An evaluation of whether the proposal or bill may have a negative effect on the public, the occupation for which the credential is being issued, or any other occupation or business.
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.
If the proposal or bill is expected to have a negative effect, the report shall include a description of the nature and magnitude of any negative effect.
b.
6.
It does not require certain personal qualifications to be satisfied, but may require a bond or insurance.
An estimate of the total additional financial burden that will be imposed on an individual as a result of the credential requirement, including education or training costs, examination fees, private credential fees, credential fees imposed by the agency, and other costs that the individual will have to incur in order to obtain the credential.
c.
(b) The legislative audit bureau shall request information from any individual, business, or organization that the legislative audit bureau considers likely to be affected by the proposed credential requirement to assist in the completion of the report under this subsection.
Upon registering, the individual may use “registered” as a designated title.
The legislative audit bureau may request a statement or analysis from the agency that would be required to administer the occupational credential.
d.
The legislative audit bureau may include in its report under this subsection any statement or analysis from the agency that would be required to administer the occupational credential.
A nonregistered individual may not perform the occupation for compensation or use “registered” as a designated title.
Individuals, businesses, organizations, and LRBs0198/1 - 2020 Legislature - 5 - TJD:ahe SECTION 1 agencies shall comply with requests by the legislative audit bureau for information that is reasonably necessary for the legislative audit bureau to prepare the report.
(b) For purposes of sub.
(4) A NALYSIS PROCEDURE.All of the following apply to the preparation of the analysis that is required to be included in the report under sub.
(3) (c), “least restrictive regulation” means one of the following, from least restrictive to most restrictive:
(3) (a) 3.:
(a) If the legislative audit bureau determines that any of the following apply, it shall recommend that the legislature take no action on the proposal or bill:
After making the evaluation under sub.
Market competition.
(3) (a) and (b), there is insufficient credible evidence of harm or endangerment to the public or any harm or endangerment identified is remote or speculative.
Any harm or endangerment identified in sub.
Third-party or consumer-created ratings and reviews.
(3) (a) 2.
is manageable or may be eliminated by market competition and any laws or rules in effect on the date the legislative audit bureau begins its analysis.
The legislative audit bureau shall evaluate as an aspect of market competition under this subdivision whether any private organization issues a credential, accreditation, or other recognition of proficiency for the occupation or profession.
(b) If harm or endangerment identified in sub.
(3) (a) 2.
is present as demonstrated by credible evidence and cannot be managed or mitigated by market competition or any laws or rules in effect on the date the legislative audit bureau begins its analysis, the legislative audit bureau shall analyze the benefits and negative effects of regulatory alternatives to the bill or proposal, including an analysis of, at least, all of the following alternatives, which are in the order of least to most restrictive:
1.
Requiring an individual or business to provide a notice to consumers so that consumers may avoid the harm or endangerment.
LRBs0198/1 - 2020 Legislature - 6 - TJD:ahe S ECTION 1 2.
Recognizing a credential or accreditation for an individual that is issued by a private organization.
Allowing consumers to bring a specific private civil cause of action to remedy a harm to the consumers.
Private certification.
Designating a particular practice as unprofessional conduct or unfair trade.
A specific private civil cause of action to remedy consumer harm.
Regulating an aspect of the process of providing the specific goods or services to consumers.
The designation of an unfair trade practice or method of competition in business.
Requiring a governmental agency to inspect a business or practice location.
The regulation of the process of providing the specific goods or services to consumers.
7.
- 2020 Legislature - 6 - LRB-2155/1 KP:cdc SENATE BILL 541 SECTION 1 7.
Requiring an individual or a business that employs the individual to take out a bond, carry insurance, or meet another financial stability requirement.
An inspection requirement.
Issuing a voluntary credential by a governmental agency to indicate that an individual has met certain criteria.
A bonding or insurance requirement.
Requiring an occupational credential as in the proposal or bill described in sub.
A registration requirement.
(2) but that has fewer or less stringent criteria for obtaining or maintaining the credential than are required in the proposal or bill.
Requiring the occupational credential as proposed in the proposal or bill.
A governmental certification requirement.
(c) In conducting its evaluation under par.
11.
(b), the legislative audit bureau shall review and consider regulatory and credential requirements for that profession, occupation, or field in other states.
An occupational license requirement.
The legislative audit bureau shall include in its report under sub.
SECTION 2.Initial applicability.
(3) a summary of any requirements reviewed under this paragraph.
(1) OCCUPATIONAL LICENSE REPORTS.
S ECTION 2.Initial applicability.
The treatment of s.
LRBs0198/1 - 2020 Legislature - 7 - TJD:ahe S ECTION 2 (1) OCCUPATIONAL LICENSE REPORTS.
13.0963 first applies to a bill introduced on the effective date of this subsection.
This act first applies to bills introduced on first day of the next biennial legislative session beginning after the effective date of this subsection.
SECTION 3.Effective dates.
(1) OCCUPATIONAL LICENSE REPORTS.
The treatment of s.
13.0963 and ECTION 2 (1) of this act takes effect on the 14th day after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Rules

  3. Received from Senate

  4. Ordered immediately messaged

  5. Read a third time and passed, Ayes 19, Noes 14

  6. Rules suspended

  7. Ordered to a third reading

  8. Senate Substitute Amendment 1 adopted

  9. Read a second time

  10. Placed on calendar 2-19-2020 pursuant to Senate Rule 18(1)

  11. Available for scheduling

  12. Report passage as amended recommended by Committee on Public Benefits, Licensing and State-Federal Relations, Ayes 3, Noes 2

  13. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Public Benefits, Licensing and State-Federal Relations, Ayes 3, Noes 2

  14. Executive action taken

  15. Senate Substitute Amendment 1 offered by Senator Kapenga

  16. Representative Quinn added as a cosponsor

  17. Public hearing held

  18. Fiscal estimate received

  19. Read first time and referred to Committee on Public Benefits, Licensing and State-Federal Relations

  20. Introduced by Senators Kapenga, Craig, Darling, Kooyenga, Stroebel and L. Taylor; cosponsored by Representatives Hutton, Dittrich, Gundrum, Horlacher, Knodl, Kulp, Murphy, Novak, Skowronski, Sortwell, Tusler and Thiesfeldt

Sponsors

  • Chris Kapenga · Primary
  • Craig · Primary
  • Darling · Primary
  • Kooyenga · Primary
  • Stroebel · Primary
  • L. Taylor · Primary

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 126 not signed on · 5 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

PASSAGE

Passed 19 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10900
Republican 8000
Democrat 1500
Total 191400
% of votes cast 58%42%0%0%
How each member voted (33)
Member Party Vote
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
CRAIG — Yea
DARLING — Yea
TIFFANY — Yea
OLSEN — Yea
PETROWSKI — Yea
BEWLEY — Nay
SHILLING — Nay
MILLER — Nay
ERPENBACH — Nay
RINGHAND — Nay
HANSEN — Nay
RISSER — Nay
JOHNSON — Nay
SCHACHTNER — Nay
Carpenter, Tim Democrat Nay
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

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Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 541?
SB 541 is sponsored by Kapenga, Chris (Republican), Craig, Darling, Kooyenga, Stroebel, and L. Taylor.
What is the current status of SB 541?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 541?
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