Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 12, 2024 Contact: Patrick Ward, Staff Attorney
2023 Assembly Bill 822
Assembly
Amendment 1
BACKGROUND
Federal law generally does not allow certain noncitizens to receive any state or local public benefit,
which includes a professional or commercial license. However, federal law allows a state to provide
noncitizens access to a public benefit through an enactment of a state law.
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2023 ASSEMBLY BILL 822
2023 Assembly Bill 822 provides that certain noncitizen individuals are eligible for an occupational
authorization if the individual satisfies the following requirements: (1) the individual was granted
deferred action under the Deferred Action for Childhood Arrivals (DACA) program; (2) the individual’s
deferred action is not expired; and (3) the individual has an unexpired employment authorization
document issued by the U.S. Department of Homeland Security. The authority that issues the
occupational authorization must verify the individual’s federal employment authorization. The bill does
not affect any requirement of the occupational authorization other than an applicant’s citizenship
status. Also, the state occupational authorization is only valid for the period of time that the federal
employment authorization is valid.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 makes various changes that generally clarify how an individual’s state
occupational authorization relates to the individual’s federal employment authorization. Those changes
include the following:
Clarifying that the state issuing authority must verify an individual’s federal employment
verification prior to issuing the occupational authorization.
Specifying that if an individual’s federal employment authorization is withdrawn, the individual
must cease to practice under the state occupational authorization and notify the state issuing
authority.
Requiring that the expiration date for an individual’s state occupational authorization match the
expiration of the individual’s federal employment authorization and providing a process for
renewing the state authorization when this federal authorization expires.
Allowing the state issuing authority to assess a fee that corresponds to the cost of collecting
information required under federal law to make certain verifications.
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8 U.S.C. s. 1621 (c). - 2 -
Finally, the amendment specifies that an individual who is granted deferred action under DACA
following the effective date of the bill is not eligible for the state occupational authorization created in
the bill.
BILL HISTORY
Representative Macco offered Assembly Amendment 1 on January 23, 2024. On January 24, 2024, the
Assembly Committee on Regulatory Licensing Reform recommended adoption of Assembly
Amendment 1 and passage of the bill, as amended, on votes of Ayes, 9; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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