LRB-4805/1
FFK/CMH/EVM:jld&emw
2017 - 2018 LEGISLATURE
November 30, 2017 - Introduced by Senators Marklein and Wanggaard,
cosponsored by Representatives Kooyenga, Katsma, Kremer, Macco,
Rohrkaste, Spiros, Tusler and Mursau. Referred to Committee on Labor and
Regulatory Reform.
SB604,1,5 1An Act to create 16.705 (1s), 66.05015, 230.06 (1) (n) and 230.06 (1m) of the
2statutes; relating to: fingerprinting and conducting background
3investigations of employees in the state civil service or of a political subdivision,
4and of individuals performing contractual services for the state, who have
5access to federal tax information.
Analysis by the Legislative Reference Bureau
Under the bill, before appointing an individual to a position in the state civil
service or with a political subdivision, the duties of which require the individual to
have access to federal tax information, the appointing authority for the position must
conduct a background check on the individual, which may include fingerprinting.
The bill also allows the appointing authority or a political subdivision to conduct
additional background checks on an individual who is appointed to such a position.
The bill requires the same background checks to be completed for individuals who
perform services under a contract with the state if the contract requires the
individual to have access to federal tax information.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB604,1
1Section 1. 16.705 (1s) of the statutes is created to read:
SB604,2,122 16.705 (1s) If contractual services are purchased by the department or its agent
3that would require an individual performing the services to have access to federal tax
4information received directly from the federal Internal Revenue Service or from a
5source that is authorized by the federal Internal Revenue Service, a background
6check shall be performed on each individual performing the services. The
7background investigation may include requiring the individual to be fingerprinted
8on 2 fingerprint cards each bearing a complete set of the individual's fingerprints, or
9by other technologies approved by law enforcement agencies. The department of
10justice shall submit any such fingerprint cards to the federal bureau of investigation
11for the purposes of verifying the identity of the individual fingerprinted and
12obtaining records of his or her criminal arrests and convictions.
SB604,2 13Section 2. 66.05015 of the statutes is created to read:
SB604,2,15 1466.05015 Background investigation. (1) In this section, “political
15subdivision” means a city, village, town, or county.
SB604,2,21 16(2) (a) 1. Notwithstanding ss. 111.321, 111.322, and 111.335 and with the
17assistance of the department of justice, a political subdivision shall conduct a
18background investigation of any person selected to fill a position with the political
19subdivision and, who, in fulfilling the duties of the position, will have access to
20federal tax information received directly from the federal Internal Revenue Service
21or from a source that is authorized by the federal Internal Revenue Service.
SB604,3,422 2. Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval
23determined appropriate by the political subdivision, a political subdivision may
24conduct additional background investigations of any person for whom an initial
25background investigation has been conducted under subd. 1. and background

1investigations of any other person employed by the political subdivision who, in
2fulfilling the duties of his or her position, has access to federal tax information
3received directly from the federal Internal Revenue Service or from a source that is
4authorized by the federal Internal Revenue Service.
SB604,3,105 (b) A background investigation under this section may include requiring the
6person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the
7person's fingerprints, or by other technologies approved by law enforcement
8agencies. The department of justice shall submit any such fingerprint cards to the
9federal bureau of investigation for the purposes of verifying the identity of the person
10fingerprinted and obtaining records of his or her criminal arrests and convictions.
SB604,3 11Section 3. 230.06 (1) (n) of the statutes is created to read:
SB604,3,2212 230.06 (1) (n) Notwithstanding ss. 111.321, 111.322, and 111.335 and with the
13assistance of the department of justice, conduct a background investigation of any
14person selected to fill a position in the civil service, who, in fulfilling the duties of the
15position, will have access to federal tax information received directly from the federal
16Internal Revenue Service or from a source that is authorized by the federal Internal
17Revenue Service. The background investigation may include requiring the person
18to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's
19fingerprints, or by other technologies approved by law enforcement agencies. The
20department of justice shall submit any such fingerprint cards to the federal bureau
21of investigation for the purposes of verifying the identity of the person fingerprinted
22and obtaining records of his or her criminal arrests and convictions.
SB604,4 23Section 4. 230.06 (1m) of the statutes is created to read:
SB604,4,624 230.06 (1m) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval
25determined appropriate by the director, an appointing authority may conduct, in the

1manner specified in sub. (1) (n), additional background investigations of any person
2for whom an initial background investigation has been conducted under sub. (1) (n)
3and background investigations of any other person employed by the appointing
4authority who, in fulfilling the duties of his or her position, has access to federal tax
5information received directly from the federal Internal Revenue Service or from a
6source that is authorized by the federal Internal Revenue Service.
SB604,5 7Section 5. Initial applicability.
SB604,4,98 (1) The treatment of section 16.705 (1s) of the statutes first applies to a contract
9that is entered into, renewed, or modified on the effective date of this subsection.
SB604,4,1210 (2) The treatment of sections 66.05015 (2) (a) 1. and 230.06 (1) (n) of the statutes
11first applies to a person selected to fill a position in the civil service or with a political
12subdivision on the effective date of this subsection.
SB604,4,1313 (End)
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