SB335: Bill Text

SB335,23,23 8. Purchase and maintain insurance and bonds;

SB335,24,2 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

SB335,24,3 10. Conduct an annual financial review;

SB335,24,8 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB335,24,15 12. As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing herein shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;

SB335,24,16 13. Assess and collect fees;

SB335,24,20 14. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

SB335,24,22 15. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB335,25,2 16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB335,25,3 17. Establish a budget and make expenditures;

SB335,25,4 18. Borrow money;

SB335,25,8 19. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

SB335,25,10 20. Provide and receive information from, and cooperate with, law enforcement agencies;

SB335,25,12 21. Elect a chair, vice chair, secretary and treasurer and such other officers of the commission as provided in the commission’s bylaws;

SB335,25,14 22. Establish and elect an executive committee, including a chair and a vice chair;

SB335,25,15 23. Adopt and provide to the member states an annual report.

SB335,25,18 24. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB335,25,20 25. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB335,25,23 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB335,26,3 a. Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission’s rules and bylaws, and other such duties as deemed necessary;

SB335,26,6 b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB335,26,8 c. Ensuring compact administration services are appropriately provided, including by contract;

SB335,26,9 d. Preparing and recommending the budget;

SB335,26,10 e. Maintaining financial records on behalf of the commission;

SB335,26,12 f. Monitoring compact compliance of member states and providing compliance reports to the commission;

SB335,26,13 g. Establishing additional committees as necessary;

SB335,26,17 h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

SB335,26,18 i. Other duties as provided in the rules or bylaws of the commission.

SB335,26,19 2. The executive committee shall be composed of up to 7 voting members:

SB335,26,22 a. The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee; and

SB335,27,2 b. Other than the chair, vice chair, secretary and treasurer, the commission shall elect 3 voting members from the current membership of the commission.

SB335,27,7 c. The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this subsection.

SB335,27,9 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

SB335,27,10 4. The executive committee shall meet at least annually.

SB335,27,15 a. Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under par. (f) 4.

SB335,27,19 b. The executive committee shall give 5 business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.

SB335,27,21 5. The executive committee may hold an emergency meeting when acting for the commission to:

SB335,27,22 a. Meet an imminent threat to public health, safety, or welfare;

SB335,27,23 b. Prevent a loss of commission or member state funds; or

SB335,28,1 c. Protect public health and safety.

SB335,28,3 (e) The commission shall adopt and provide to the member states an annual report.

SB335,28,7 (f) Meetings of the commission. 1. All meetings of the commission that are not closed pursuant to subd. 4. shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.

SB335,28,13 2. Notwithstanding subd. 1., the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rule making under sub. (11) (L). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

SB335,28,17 3. Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.

SB335,28,19 4. The commission may convene in a closed, nonpublic meeting for the commission to discuss:

SB335,28,20 a. Noncompliance of a member state with its obligations under the compact;

SB335,28,23 b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;

SB335,29,2 c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority;

SB335,29,3 d. Current, threatened, or reasonably anticipated litigation;

SB335,29,5 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

SB335,29,6 f. Accusing any person of a crime or formally censuring any person;

SB335,29,8 g. Trade secrets or commercial or financial information that is privileged or confidential;

SB335,29,10 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB335,29,11 i. Investigative records compiled for law enforcement purposes;

SB335,29,14 j. Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;

SB335,29,15 k. Legal advice;

SB335,29,17 L. Matters specifically exempted from disclosure to the public by federal or member state law; or

SB335,29,18 m. Other matters as promulgated by the commission by rule.

SB335,29,21 5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

SB335,30,5 6. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

SB335,30,8 (g) Financing of the commission. 1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

SB335,30,10 2. The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.

SB335,30,17 3. The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule.

SB335,30,20 4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any member states, except by and with the authority of the member state.

SB335,31,4 5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.

SB335,31,16 (h) Qualified immunity, defense, and indemnification. 1. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.

SB335,32,3 2. The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

SB335,32,12 3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SB335,32,15 4. Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

SB335,32,19 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

SB335,32,21 6. Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.

SB335,33,2 (10) Article 10 - data system. (a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.

SB335,33,4 (b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.

SB335,33,8 (c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:

SB335,33,9 1. Identifying information;

SB335,33,10 2. Licensure data;

SB335,33,11 3. Adverse actions against a license and information related thereto;

SB335,33,14 4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;

SB335,33,17 5. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);

SB335,33,18 6. The existence of investigative information;

SB335,33,19 7. The existence of current significant investigative information; and

SB335,33,21 8. Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

SB335,34,3 (d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasijudicial or administrative proceedings in a member state.

SB335,34,6 (e) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state will only be available to other member states.

SB335,34,10 (f) It is the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state.

SB335,34,13 (g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

SB335,34,16 (h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

SB335,34,23 (11) Article 11 - rule making. (a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

SB335,35,6 (b) The rules of the commission shall have the force of law in each member state, provided however that where the rules of the commission conflict with the laws of the member state that establish the member state’s scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.