LRB-2155/1

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2019 - 2020 LEGISLATURE

2019 Senate BILL 541

October 31, 2019 - 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. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB541,1,2 An Act to create 13.0963 of the statutes; relating to: reports on bills requiring occupational licenses.

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. 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.

Under the bill, the report prepared by DSPS must include, among other information, all of the following: 1) an evaluation of the potential for the unregulated practice of the profession or occupation to harm the public; 2) an evaluation of whether the public can reasonably be expected to benefit from requiring the profession or occupation to be licensed; 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; 4) an analysis of licensure requirements for the profession or occupation in other states; 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.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB541,1 Section 1 . 13.0963 of the statutes is created to read:

SB541,2,3 13.0963 Review of bills creating occupational licenses. (1) Definitions. (a) In this section, “agency” has the meaning given in s. 13.172 (1).

SB541,2,5 (b) In subs. (2) and (3), “license” includes any permit, certificate, approval, registration, charter, or similar form of permission.

SB541,2,20 (2) Report on bills creating occupational licenses. (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. 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. Individuals, businesses, and agencies shall comply with requests by the department for information that is reasonably necessary for the department to prepare the report. 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.