Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB828 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 SENATE BILL 828
5	5	December 19, 2023 - Introduced by Senators TAYLOR, JAMES, HESSELBEIN, TOMCZYK,
6	6	AGARD, CARPENTER, LARSON, ROYS and S PREITZER, cosponsored by
7	7	Representatives MACCO, ORTIZ-VELEZ, KITCHENS, CONLEY, GOYKE, O'CONNOR,
8	8	MCGUIRE, ALLEN, C. ANDERSON, J. ANDERSON, ANDRACA, BALDEH, BARE,
9	9	CONSIDINE, EMERSON, HONG, JOERS, MADISON, MURSAU, NEUBAUER, OHNSTAD,
10	10	SNYDER, SINICKI, SUBECK, SCHRAA and JACOBSON. Referred to Committee on
11	11	Licensing, Constitution and Federalism.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to create 995.40 of the statutes; relating to: eligibility to receive
14	14	occupational credentials for recipients of deferred action under the Deferred
15	15	Action for Childhood Arrivals program.
16	16	Analysis by the Legislative Reference Bureau
17	17	Currently, federal law prohibits all but certain noncitizens from receiving any
18	18	“state or local public benefit,” which is defined to include any “professional license,
19	19	or commercial license provided by an agency of a state or local government.”
20	20	However, federal law allows states to explicitly allow eligibility for certain public
21	21	benefits. This bill allows certain individuals who are not U.S. citizens to receive
22	22	credentials to practice certain occupations in this state if he or she meets all other
23	23	requirements for the credential. Under the bill, an eligible individual is an
24	24	individual to whom all of the following apply: 1) the individual has been granted
25	25	deferred action under the Deferred Action for Childhood Arrivals program of the U.S.
26	26	Department of Homeland Security; 2) the individual's deferred action is not expired;
27	27	and 3) the individual possesses an unexpired employment authorization document
28	28	issued by the U.S. Department of Homeland Security. Any credential issued to an
29	29	individual under the bill is only valid for the period of time during which the
30	30	individual's employment authorization document is valid.
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33	33	3 - 2 -2023 - 2024 Legislature LRB-5306/1
34	34	JPC:skw
35	35	SENATE BILL 828
36	36	For further information see the state fiscal estimate, which will be printed as
37	37	an appendix to this bill.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 995.40 of the statutes is created to read:
41	41	995.40 Eligibility of certain individuals who are not U.S. citizens for
42	42	occupational authorization. (1) In this section:
43	43	(a) “Affiliated credentialing board” has the meaning given in s. 15.01 (1g).
44	44	(b) “Department” has the meaning given in s. 15.01 (5). “Department” includes
45	45	the state superintendent of public instruction.
46	46	(c) “Division” has the meaning given in s. 15.01 (6).
47	47	(d) “Examining board” has the meaning given in s. 15.01 (7).
48	48	(e) “Independent agency” has the meaning given in s. 15.01 (9). “Independent
49	49	agency” includes the commissioner of insurance.
50	50	(f) “Issuing authority” means the department, division, independent agency,
51	51	examining board, section of an examining board, or affiliated credentialing board
52	52	that issues an occupational authorization.
53	53	(g) “Occupational authorization” means any credential, license, certificate,
54	54	permit, registration, or approval that is issued to an individual by any department,
55	55	division, independent agency, examining board, section of an examining board, or
56	56	affiliated credentialing board.
57	57	(2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is eligible
58	58	to receive any occupational authorization despite the individual's citizenship status
59	59	if all of the following apply:
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80	80	LRB-5306/1
81	81	JPC:skw
82	82	SECTION 1
83	83	SENATE BILL 828
84	84	(a) The individual has been granted deferred action under the deferred action
85	85	for childhood arrivals program of the federal department of homeland security.
86	86	(b) The individual's deferred action under the deferred action for childhood
87	87	arrivals program of the federal department of homeland security is not expired.
88	88	(c) The individual possesses an unexpired employment authorization
89	89	document issued by the federal department of homeland security.
90	90	(3) Nothing in this section affects any requirement or qualification for an
91	91	applicant to obtain an occupational authorization that is not related to the
92	92	citizenship status of the applicant.
93	93	(4) For each individual who applies for an occupational authorization and to
94	94	whom this section applies, the issuing authority shall verify the individual's
95	95	employment authorization document issued by the federal department of homeland
96	96	security through the systematic alien verification for entitlements program operated
97	97	by the federal department of homeland security or an equivalent program
98	98	designated by the federal department of homeland security.
99	99	(5) Any occupational authorization issued to an individual to whom this section
100	100	applies shall be valid only for the period of time during which the individual's
101	101	employment authorization document issued by the federal department of homeland
102	102	security is valid.
103	103	(6) Nothing in this section may be construed to grant eligibility to an individual
104	104	for any public benefits other than receiving an occupational authorization.
105	105	(END)
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