Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB202 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 202
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Regulatory Licensing Reform.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to create 440.03 (13) (bp), (bt) and (bx) of the statutes; relating to:
9	9	investigations of conviction records by the Department of Safety and
10	10	Professional Services for purposes of determining eligibility for credentials and
11	11	granting rule-making authority.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill is explained in the NOTES provided by the Joint Legislative Council in
14	14	the bill.
15	15	For further information see the state fiscal estimate, which will be printed as
16	16	an appendix to this bill.
17	17	The people of the state of Wisconsin, represented in senate and assembly, do
18	18	enact as follows:
19	19	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
20	20	Legislative Council's Study Committee on Occupational Licenses.
21	21	Current law prohibits employment discrimination on the basis of a conviction
22	22	record. This prohibition applies to the Department of Safety and Professional Services
23	23	(DSPS) and the credentialing boards in granting credentials. However, current law also
24	24	allows DSPS or a credentialing board to refuse, bar, or terminate an occupational
25	25	credential due to a prior conviction if the circumstances of the offense are substantially
26	26	related to circumstances of the licensed activity.
27	27	The bill allows DSPS to complete its investigation as to whether the circumstances
28	28	of an arrest, conviction, or other offense are substantially related to the circumstances
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35	35	of the licensed activity without reviewing certain types of violations. Those violations
36	36	include the following:
37	37	A first conviction, which occurred more than five years before the credential
38	38	application date, for a violation of a law or local ordinance that prohibits driving or
39	39	operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled
40	40	substance, a controlled substance analog, or a combination of those, or of any drug that
41	41	renders the person incapable of safely driving.
42	42	A violation of a law or local ordinance that prohibits underage procurement,
43	43	possession, or consumption of alcohol.
44	44	A minor, nonviolent ordinance violation, as determined by DSPS.
45	45	Additionally, the bill creates an alternative method to complete an investigation of
46	46	an arrest, conviction, or other offense. Under this method, DSPS may accept a
47	47	determination made by the applicant's employer, or by a contracted entity on behalf of the
48	48	employer, that the applicant does not have an arrest, conviction, or other offense record
49	49	or that the circumstances related to an arrest, conviction, or other offense are not
50	50	substantially related to the licensed activity.
51	51	An employer, or contracted entity on behalf of the employer, must attest that the
52	52	determination was made to the best of the employer's or entity's knowledge and with a
53	53	reasonable degree of certainty. DSPS must accept or reject a determination within 30
54	54	days of its receipt, and within that period may review a determination or request
55	55	additional information from the applicant. DSPS and the credentialing boards are not
56	56	subject to suit and are not liable for damages resulting from acceptance of an employer's
57	57	or entity's determination.
58	58	DSPS must implement both provisions of the bill by administrative rule.
59	59	SECTION 1. 440.03 (13) (bp), (bt) and (bx) of the statutes are created to read:
60	60	440.03 (13) (bp) When conducting an investigation of an arrest or conviction
61	61	record under par. (a) or (bm), or of any other offense if the offense is reviewable by
62	62	the department or credentialing board that issues the credential, the department
63	63	shall review information provided by the applicant to determine the circumstances
64	64	of each case or offense, except that the department may, in its discretion, complete
65	65	its investigation without reviewing the circumstances of any of the following types
66	66	of violations:
67	67	1. If the violation occurred more than 5 years before the application date, a first
68	68	conviction for a violation of s. 346.63 (1) (a), (am), or (b) or a local ordinance in
69	69	conformity therewith or a law of a federally recognized American Indian tribe or
70	70	band in this state in conformity with s. 346.63 (1) (a), (am), or (b) or the law of another
71	71	jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or
72	72	under the influence of alcohol, a controlled substance, a controlled substance analog,
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91	91	or a combination thereof or under the influence of any drug that renders the person
92	92	incapable of safely driving, as those or substantially similar terms are used in that
93	93	jurisdiction's laws.
94	94	2. A violation of s. 125.07 (4) (a) or (b) or a local ordinance that strictly conforms
95	95	to s. 125.07 (4) (a) or (b) or of a substantially similar law of another jurisdiction.
96	96	3. A minor, nonviolent ordinance violation, as determined by the department.
97	97	(bt) 1. As an alternative to conducting an investigation of an arrest or
98	98	conviction record under par. (a) or (bm), or of any other offense if the offense is
99	99	reviewable by the department or credentialing board that issues the credential, the
100	100	department may accept a determination made by the applicant's employer, or by a
101	101	contracted entity on behalf of the applicant's employer, that the applicant does not
102	102	have an arrest or conviction record and that the applicant has not committed any
103	103	other offense that is reviewable by the department or credentialing board that issues
104	104	the credential, or that the circumstances related to the arrest or conviction record or
105	105	of any other offense if the offense is reviewable by the department or credentialing
106	106	board that issues the credential are not substantially related to the licensed activity
107	107	pursuant to s. 111.335.
108	108	2. An applicant's employer or a contracted entity on behalf of an applicant's
109	109	employer that submits a determination under this paragraph shall attest that the
110	110	determination was made to the best of the employer's or entity's knowledge and with
111	111	a reasonable degree of certainty.
112	112	3. Prior to accepting a determination made under this paragraph, the
113	113	department may review the determination made by the employer or the entity
114	114	contracted by the employer and may request additional information from the
115	115	applicant.
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143	143	4. The department shall either accept or reject a determination made under
144	144	this paragraph within 30 days from the day that the department receives the
145	145	determination.
146	146	5. Neither the department nor any credentialing board shall be subject to suit
147	147	or liable for damages resulting from its acceptance of or reliance on a determination
148	148	made under this paragraph.
149	149	(bx) The department shall promulgate rules to implement pars. (bp) and (bt).
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