AB829,5,44 (b) “Exempt offense” means any of the following:
AB829,5,65 1. A violation specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051,
6948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
AB829,5,87 2. A violation of the law of another jurisdiction that would be a violation
8described in subd. 1. if committed in this state.
AB829,5,109 (c) “State licensing agency” means a licensing agency that is an agency, as
10defined in s. 227.01 (1).
AB829,5,1111 (d) “Violent crime against a child” means any of the following:
AB829,5,1312 1. A violation of s. 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2.,
133., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).
AB829,5,1414 2. A felony violation of s. 948.03 (3) or (5) (a) 4.
AB829,5,1615 3. A violation of the law of another jurisdiction that would be a violation
16described in subd. 1. or 2. if committed in this state.
AB829,14 17Section 14. 111.335 (2) (title) of the statutes is created to read:
AB829,5,1818 111.335 (2) (title) Discrimination because of arrest record; exceptions.
AB829,15 19Section 15. 111.335 (3) (title) of the statutes is created to read:
AB829,5,2020 111.335 (3) (title) Discrimination because of conviction record; exceptions.
AB829,16 21Section 16. 111.335 (4) of the statutes is created to read:
AB829,6,222 111.335 (4) Discrimination in licensing. (a) It is employment discrimination
23because of arrest record for a licensing agency to refuse to license any individual
24under sub. (2) (b) or to suspend an individual from licensing under sub. (2) (b) solely
25because the individual is subject to a pending criminal charge, unless the

1circumstances of the charge substantially relate to the circumstances of the
2particular licensed activity and the charge is for any of the following:
AB829,6,33 1. An exempt offense.
AB829,6,44 2. A violent crime against a child.
AB829,6,85 (b) It is employment discrimination because of conviction record for a licensing
6agency to refuse to license any individual under sub. (3) (a) 1. or to bar or terminate
7an individual from licensing under sub. (3) (a) 1. because the individual was
8adjudicated delinquent under ch. 938 for an offense other than an exempt offense.
AB829,6,119 (c) 1. If a licensing agency refuses to license an individual under sub. (3) (a) 1.
10or bars or terminates an individual from licensing under sub. (3) (a) 1., the licensing
11agency shall, subject to subd. 2., do all of the following:
AB829,6,1312 a. State in writing its reasons for doing so, including a statement of how the
13circumstances of the offense relate to the particular licensed activity.
AB829,6,1814 b. Allow the individual to show evidence of rehabilitation and fitness to engage
15in the licensed activity under par. (d). If the individual shows competent evidence
16of sufficient rehabilitation and fitness to perform the licensed activity under par. (d),
17the licensing agency may not refuse to license the individual or bar or terminate the
18individual from licensing based on that conviction.
AB829,6,2019 2. The requirements under subd. 1. a. and b. do not apply if a conviction is for
20an exempt offense.
AB829,6,2321 (d) 1. Competent evidence of sufficient rehabilitation and fitness to perform the
22licensed activity under par. (c) 1. b. may be established by the production of any of
23the following:
AB829,7,624 a. The individual's most recent certified copy of a federal department of defense
25form DD-214 showing the person's honorable discharge, or separation under

1honorable conditions, from the U.S. armed forces for military service rendered
2following conviction for any offense that would otherwise disqualify the individual
3from the license sought, except that the discharge form is not competent evidence of
4sufficient rehabilitation and fitness to perform the licensed activity if the individual
5was convicted of any misdemeanor or felony subsequent to the date of the honorable
6discharge or separation from military service.
AB829,7,127 b. A copy of the local, state, or federal release document; and either a copy of
8the relevant department of corrections document showing completion of probation,
9extended supervision, or parole; or other evidence that at least one year has elapsed
10since release from any local, state, or federal correctional institution without
11subsequent conviction of a crime along with evidence showing compliance with all
12terms and conditions of probation, extended supervision, or parole.
AB829,7,1613 2. In addition to the documentary evidence that may be provided under subd.
141. to show sufficient rehabilitation and fitness to perform the licensed activity under
15par. (c) 1. b., the licensing agency shall consider any of the following evidence
16presented by the individual:
AB829,7,1817 a. Evidence of the nature and seriousness of any offense of which he or she was
18convicted.
AB829,7,2019 b. Evidence of all circumstances relative to the offense, including mitigating
20circumstances or social conditions surrounding the commission of the offense.
AB829,7,2121 c. The age of the individual at the time the offense was committed.
AB829,7,2222 d. The length of time that has elapsed since the offense was committed.
AB829,7,2423 e. Letters of reference by persons who have been in contact with the individual
24since the applicant's release from any local, state, or federal correctional institution.
AB829,7,2525 f. All other relevant evidence of rehabilitation and present fitness presented.
AB829,8,4
1(e) A state licensing agency that may refuse to license individuals under sub.
2(3) (a) 1. or that may bar or terminate an individual from licensure under sub. (3) (a)
31. shall publish on the agency's Internet site a document indicating the offenses or
4kinds of offenses that may result in such a refusal, bar, or termination.
AB829,8,105 (f) 1. A state licensing agency that may refuse to license individuals under sub.
6(3) (a) 1. or that may bar or terminate individuals from licensing under sub. (3) (a)
71. shall allow an individual who does not possess a license to, without submitting a
8full application and without paying the fees applicable to applicants, apply to the
9agency for a determination of whether the individual would be disqualified from
10obtaining the license due to his or her conviction record.
AB829,8,1311 2. A state licensing agency shall make a determination under subd. 1. in
12writing and send the determination to the applicant no later than 30 days after
13receiving the application for a determination.
AB829,8,1814 3. A determination made under subd. 1., with respect to convictions reviewed
15by the state licensing agency as part of the determination, shall be binding upon the
16agency if the individual subsequently applies for the applicable license, unless there
17is information relevant to the determination that was not available to the agency at
18the time of the determination.
AB829,8,2119 4. A state licensing agency may require a fee to be paid to the agency for a
20determination issued under subd. 1. of an amount necessary to cover the cost of
21making the determination.
AB829,8,2322 5. A state licensing agency described in subd. 1. shall create a form on which
23an individual applying for a determination under subd. 1. may do all of the following:
AB829,8,2424 a. State whether he or she has ever been convicted of a crime.
AB829,9,2
1b. Identify the date of conviction for any crime described under subd. 1. a. and
2describe the nature and circumstances of the crime.
AB829,9,53 c. Sign his or her name to attest to the accuracy and truthfulness of the
4information under subd. 1. a. and b. and, if applicable, to acknowledge the agency's
5authority to conduct an investigation on the individual.
AB829,9,116 6. A state licensing agency described in subd. 1. shall promulgate rules to
7implement this paragraph, except that the department of safety and professional
8services may promulgate rules defining uniform procedures for making such
9determinations to be used by the department, the real estate appraisers board, and
10all examining boards and affiliated credentialing boards attached to the department
11or an examining board.
AB829,17 12Section 17. 440.03 (13) (bm) of the statutes is repealed and recreated to read:
AB829,9,1813 440.03 (13) (bm) 1. Upon request by a credentialing board or other board in the
14department, the department shall conduct an investigation to determine whether an
15individual seeking a determination by that board under s. 111.335 (4) (f) has an
16arrest or conviction record. In conducting an investigation under this subdivision,
17the department may require an individual to provide any information that is
18necessary for the investigation.
AB829,9,2319 2. Upon application seeking a determination by the department under s.
20111.335 (4) (f), the department shall conduct an investigation to determine whether
21the individual has an arrest or conviction record. In conducting an investigation
22under this subdivision, the department may require an individual to provide any
23information that is necessary for the investigation.
AB829,18 24Section 18. 440.03 (13) (d) of the statutes is amended to read:
AB829,10,6
1440.03 (13) (d) The department shall charge an applicant, including an
2applicant seeking a determination under s. 111.335 (4) (f),
any fees, costs, or other
3expenses incurred in conducting any investigation under this subsection or s. 440.26.
4The department shall charge an applicant seeking licensure through the interstate
5medical licensure compact under s. 448.980, directly or indirectly, for any expenses
6incurred in conducting any investigation under s. 448.980 (5) (b) 3.
AB829,19 7Section 19. 440.03 (13) (d) of the statutes, as affected by 2015 Wisconsin Act
8116
and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
AB829,10,119 440.03 (13) (d) The department shall charge an applicant, including an
10applicant seeking a determination under s. 111.335 (4) (f), any fees, costs, or other
11expenses incurred in conducting any investigation under this subsection or s. 440.26.
AB829,20 12Section 20. 452.05 (1) (h) of the statutes is repealed.
AB829,21 13Section 21. 452.07 (2) of the statutes is repealed.
AB829,22 14Section 22. 452.139 (3) of the statutes is amended to read:
AB829,10,2115 452.139 (3) Liability for negligent hiring. If a licensee associated with a firm
16commits a crime under the laws of this state or another wrongful act, the firm may
17not be held civilly liable for hiring that licensee in a claim brought for negligent
18hiring if, regardless of whether the firm conducted its own investigation, the firm
19relied on the investigations conducted by the department under s. 440.03 (13) or on
20any determination made by the board, including a determination under s. 452.07 (2)
21111.335 (4) (f) or 452.25.
AB829,23 22Section 23. 452.25 (2) (a) of the statutes is amended to read:
AB829,10,2423 452.25 (2) (a) No person may intentionally submit any false information on a
24form created by the board under s. 111.335 (4) (f) 5. or 452.05 (1) (h) or (i).
AB829,24
1Section 24. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB829,11,43 (1) The repeal and recreation of section 440.03 (13) (d) of the statutes takes
4effect on December 16, 2019.
AB829,11,55 (End)
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