Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB822 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 822
5	5	December 8, 2023 - Introduced by Representatives MACCO, ORTIZ-VELEZ, KITCHENS,
6	6	CONLEY, GOYKE, MCGUIRE, O'CONNOR, ALLEN, C. ANDERSON, J. ANDERSON,
7	7	ANDRACA, BALDEH, BARE, CONSIDINE, EMERSON, HONG, JOERS, MADISON,
8	8	MURSAU, NEUBAUER, OHNSTAD and SNYDER, cosponsored by Senators TAYLOR,
9	9	JAMES, HESSELBEIN, TOMCZYK, AGARD, CARPENTER, LARSON, ROYS and
10	10	SPREITZER. Referred to Committee on Regulatory Licensing Reform.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 995.40 of the statutes; relating to: eligibility to receive
13	13	occupational credentials for recipients of deferred action under the Deferred
14	14	Action for Childhood Arrivals program.
15	15	Analysis by the Legislative Reference Bureau
16	16	Currently, federal law prohibits all but certain noncitizens from receiving any
17	17	“state or local public benefit,” which is defined to include any “professional license,
18	18	or commercial license provided by an agency of a state or local government.”
19	19	However, federal law allows states to explicitly allow eligibility for certain public
20	20	benefits. This bill allows certain individuals who are not U.S. citizens to receive
21	21	credentials to practice certain occupations in this state if he or she meets all other
22	22	requirements for the credential. Under the bill, an eligible individual is an
23	23	individual to whom all of the following apply: 1) the individual has been granted
24	24	deferred action under the Deferred Action for Childhood Arrivals program of the U.S.
25	25	Department of Homeland Security; 2) the individual's deferred action is not expired;
26	26	and 3) the individual possesses an unexpired employment authorization document
27	27	issued by the U.S. Department of Homeland Security. Any credential issued to an
28	28	individual under the bill is only valid for the period of time during which the
29	29	individual's employment authorization document is valid.
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32	32	3 - 2 -2023 - 2024 Legislature LRB-1627/1
33	33	JPC:skw
34	34	ASSEMBLY BILL 822
35	35	For further information see the state fiscal estimate, which will be printed as
36	36	an appendix to this bill.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 995.40 of the statutes is created to read:
40	40	995.40 Eligibility of certain individuals who are not U.S. citizens for
41	41	occupational authorization. (1) In this section:
42	42	(a) “Affiliated credentialing board” has the meaning given in s. 15.01 (1g).
43	43	(b) “Department” has the meaning given in s. 15.01 (5). “Department” includes
44	44	the state superintendent of public instruction.
45	45	(c) “Division” has the meaning given in s. 15.01 (6).
46	46	(d) “Examining board” has the meaning given in s. 15.01 (7).
47	47	(e) “Independent agency” has the meaning given in s. 15.01 (9). “Independent
48	48	agency” includes the commissioner of insurance.
49	49	(f) “Issuing authority” means the department, division, independent agency,
50	50	examining board, section of an examining board, or affiliated credentialing board
51	51	that issues an occupational authorization.
52	52	(g) “Occupational authorization” means any credential, license, certificate,
53	53	permit, registration, or approval that is issued to an individual by any department,
54	54	division, independent agency, examining board, section of an examining board, or
55	55	affiliated credentialing board.
56	56	(2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is eligible
57	57	to receive any occupational authorization despite the individual's citizenship status
58	58	if all of the following apply:
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79	79	LRB-1627/1
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81	81	SECTION 1
82	82	ASSEMBLY BILL 822
83	83	(a) The individual has been granted deferred action under the deferred action
84	84	for childhood arrivals program of the federal department of homeland security.
85	85	(b) The individual's deferred action under the deferred action for childhood
86	86	arrivals program of the federal department of homeland security is not expired.
87	87	(c) The individual possesses an unexpired employment authorization
88	88	document issued by the federal department of homeland security.
89	89	(3) Nothing in this section affects any requirement or qualification for an
90	90	applicant to obtain an occupational authorization that is not related to the
91	91	citizenship status of the applicant.
92	92	(4) For each individual who applies for an occupational authorization and to
93	93	whom this section applies, the issuing authority shall verify the individual's
94	94	employment authorization document issued by the federal department of homeland
95	95	security through the systematic alien verification for entitlements program operated
96	96	by the federal department of homeland security or an equivalent program
97	97	designated by the federal department of homeland security.
98	98	(5) Any occupational authorization issued to an individual to whom this section
99	99	applies shall be valid only for the period of time during which the individual's
100	100	employment authorization document issued by the federal department of homeland
101	101	security is valid.
102	102	(6) Nothing in this section may be construed to grant eligibility to an individual
103	103	for any public benefits other than receiving an occupational authorization.
104	104	(END)
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