LRB-5306/1
JPC:skw
2023 - 2024 LEGISLATURE
December 19, 2023 - Introduced by Senators Taylor, James, Hesselbein, Tomczyk,
Agard, Carpenter, Larson, Roys and Spreitzer, cosponsored by
Representatives Macco, Ortiz-Velez, Kitchens, Conley, Goyke, O'Connor,
McGuire, Allen, C. Anderson, J. Anderson, Andraca, Baldeh, Bare,
Considine, Emerson, Hong, Joers, Madison, Mursau, Neubauer, Ohnstad,
Snyder, Sinicki, Subeck, Schraa and Jacobson. Referred to Committee on
Licensing, Constitution and Federalism.
SB828,1,3 1An Act to create 995.40 of the statutes; relating to: eligibility to receive
2occupational credentials for recipients of deferred action under the Deferred
3Action for Childhood Arrivals program.
Analysis by the Legislative Reference Bureau
Currently, federal law prohibits all but certain noncitizens from receiving any
“state or local public benefit,” which is defined to include any “professional license,
or commercial license provided by an agency of a state or local government.”
However, federal law allows states to explicitly allow eligibility for certain public
benefits. This bill allows certain individuals who are not U.S. citizens to receive
credentials to practice certain occupations in this state if he or she meets all other
requirements for the credential. Under the bill, an eligible individual is an
individual to whom all of the following apply: 1) the individual has been granted
deferred action under the Deferred Action for Childhood Arrivals program of the U.S.
Department of Homeland Security; 2) the individual's deferred action is not expired;
and 3) the individual possesses an unexpired employment authorization document
issued by the U.S. Department of Homeland Security. Any credential issued to an
individual under the bill is only valid for the period of time during which the
individual's employment authorization document is valid.

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:
SB828,1 1Section 1 . 995.40 of the statutes is created to read:
SB828,2,3 2995.40 Eligibility of certain individuals who are not U.S. citizens for
3occupational authorization. (1)
In this section:
SB828,2,44 (a) “Affiliated credentialing board” has the meaning given in s. 15.01 (1g).
SB828,2,65 (b) “Department” has the meaning given in s. 15.01 (5). “Department” includes
6the state superintendent of public instruction.
SB828,2,77 (c) “Division” has the meaning given in s. 15.01 (6).
SB828,2,88 (d) “Examining board” has the meaning given in s. 15.01 (7).
SB828,2,109 (e) “Independent agency” has the meaning given in s. 15.01 (9). “Independent
10agency” includes the commissioner of insurance.
SB828,2,1311 (f) “Issuing authority” means the department, division, independent agency,
12examining board, section of an examining board, or affiliated credentialing board
13that issues an occupational authorization.
SB828,2,1714 (g) “Occupational authorization” means any credential, license, certificate,
15permit, registration, or approval that is issued to an individual by any department,
16division, independent agency, examining board, section of an examining board, or
17affiliated credentialing board.
SB828,2,20 18(2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is eligible
19to receive any occupational authorization despite the individual's citizenship status
20if all of the following apply:
SB828,3,2
1(a) The individual has been granted deferred action under the deferred action
2for childhood arrivals program of the federal department of homeland security.
SB828,3,43 (b) The individual's deferred action under the deferred action for childhood
4arrivals program of the federal department of homeland security is not expired.
SB828,3,65 (c) The individual possesses an unexpired employment authorization
6document issued by the federal department of homeland security.
SB828,3,9 7(3) Nothing in this section affects any requirement or qualification for an
8applicant to obtain an occupational authorization that is not related to the
9citizenship status of the applicant.
SB828,3,15 10(4) For each individual who applies for an occupational authorization and to
11whom this section applies, the issuing authority shall verify the individual's
12employment authorization document issued by the federal department of homeland
13security through the systematic alien verification for entitlements program operated
14by the federal department of homeland security or an equivalent program
15designated by the federal department of homeland security.
SB828,3,19 16(5) Any occupational authorization issued to an individual to whom this section
17applies shall be valid only for the period of time during which the individual's
18employment authorization document issued by the federal department of homeland
19security is valid.
SB828,3,21 20(6) Nothing in this section may be construed to grant eligibility to an individual
21for any public benefits other than receiving an occupational authorization.
SB828,3,2222 (End)
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