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SB158-AA1,41,2118 a. Public notice for all meetings of the full commission of meetings shall be
19given in the same manner as required under the rule-making provisions in sub. (12),
20except that the commission may hold a special meeting as provided in par. (f) 1. b.
21below.
SB158-AA1,42,222 b. The commission may hold a special meeting when it must meet to conduct
23emergency business by giving 48 hours' notice to all commissioners, on the
24commission's website, and other means as provided in the commission's rules. The

1commission's legal counsel shall certify that the commission's need to meet qualifies
2as an emergency.
SB158-AA1,42,63 2. The commission or the executive committee or other committees of the
4commission may convene in a closed, nonpublic meeting for the commission or
5executive committee or other committees of the commission to receive legal advice
6or to discuss:
SB158-AA1,42,77 a. Noncompliance of a member state with its obligations under the compact;
SB158-AA1,42,98 b. The employment, compensation, discipline or other matters, practices or
9procedures related to specific employees;
SB158-AA1,42,1110 c. Current or threatened discipline of a licensee by the commission or by a
11member state's licensing authority;
SB158-AA1,42,1212 d. Current, threatened, or reasonably anticipated litigation;
SB158-AA1,42,1413 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
14real estate;
SB158-AA1,42,1515 f. Accusing any person of a crime or formally censuring any person;
SB158-AA1,42,1716 g. Trade secrets or commercial or financial information that is privileged or
17confidential;
SB158-AA1,42,1918 h. Information of a personal nature where disclosure would constitute a clearly
19unwarranted invasion of personal privacy;
SB158-AA1,42,2020 i. Investigative records compiled for law enforcement purposes;
SB158-AA1,42,2321 j. Information related to any investigative reports prepared by or on behalf of
22or for use of the commission or other committee charged with responsibility of
23investigation or determination of compliance issues pursuant to the compact;
SB158-AA1,42,2524 k. Matters specifically exempted from disclosure by federal or member state
25law; or
SB158-AA1,43,1
1L. Other matters as promulgated by the Commission by Rule.
SB158-AA1,43,42 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
3that the meeting will be closed and reference each relevant exempting provision, and
4such reference shall be recorded in the minutes.
SB158-AA1,43,115 4. The commission shall keep minutes that fully and clearly describe all
6matters discussed in a meeting and shall provide a full and accurate summary of
7actions taken, and the reasons therefore, including a description of the views
8expressed. All documents considered in connection with an action shall be identified
9in such minutes. All minutes and documents of a closed meeting shall remain under
10seal, subject to release only by a majority vote of the commission or order of a court
11of competent jurisdiction.
SB158-AA1,43,1412 (g) Financing of the commission. 1. The commission shall pay, or provide for
13the payment of, the reasonable expenses of its establishment, organization, and
14ongoing activities.
SB158-AA1,43,1615 2. The commission may accept any and all appropriate revenue sources as
16provided in par. (c) 13.
SB158-AA1,43,2317 3. The commission may levy on and collect an annual assessment from each
18member state and impose fees on licensees of member states to whom it grants a
19multistate license to cover the cost of the operations and activities of the commission
20and its staff, which must be in a total amount sufficient to cover its annual budget
21as approved each year for which revenue is not provided by other sources. The
22aggregate annual assessment amount for member states shall be allocated based
23upon a formula that the commission shall promulgate by rule.
SB158-AA1,44,3
14. The commission shall not incur obligations of any kind prior to securing the
2funds adequate to meet the same; nor shall the commission pledge the credit of any
3of the member states, except by and with the authority of the member state.
SB158-AA1,44,104 5. The commission shall keep accurate accounts of all receipts and
5disbursements. The receipts and disbursements of the commission shall be subject
6to the financial review and accounting procedures established under its bylaws.
7However, all receipts and disbursements of funds handled by the commission shall
8be subject to an annual financial review by a certified or licensed public accountant,
9and the report of the financial review shall be included in and become part of the
10annual report of the commission.
SB158-AA1,44,2211 (h) Qualified immunity, defense, and indemnification. 1. The members,
12officers, executive director, employees and representatives of the commission shall
13be immune from suit and liability, both personally and in their official capacity, for
14any claim for damage to or loss of property or personal injury or other civil liability
15caused by or arising out of any actual or alleged act, error, or omission that occurred,
16or that the person against whom the claim is made had a reasonable basis for
17believing occurred within the scope of commission employment, duties or
18responsibilities; provided that nothing in this subdivision shall be construed to
19protect any such person from suit or liability for any damage, loss, injury, or liability
20caused by the intentional or willful or wanton misconduct of that person. The
21procurement of insurance of any type by the commission shall not in any way
22compromise or limit the immunity granted hereunder.
SB158-AA1,45,723 2. The commission shall defend any member, officer, executive director,
24employee, and representative of the commission in any civil action seeking to impose
25liability arising out of any actual or alleged act, error, or omission that occurred

1within the scope of commission employment, duties, or responsibilities, or as
2determined by the commission that the person against whom the claim is made had
3a reasonable basis for believing occurred within the scope of commission
4employment, duties, or responsibilities; provided that nothing herein shall be
5construed to prohibit that person from retaining their own counsel at their own
6expense; and provided further, that the actual or alleged act, error, or omission did
7not result from that person's intentional or willful or wanton misconduct.
SB158-AA1,45,158 3. The commission shall indemnify and hold harmless any member, officer,
9executive director, employee, and representative of the commission for the amount
10of any settlement or judgment obtained against that person arising out of any actual
11or alleged act, error, or omission that occurred within the scope of commission
12employment, duties, or responsibilities, or that such person had a reasonable basis
13for believing occurred within the scope of commission employment, duties, or
14responsibilities, provided that the actual or alleged act, error, or omission did not
15result from the intentional or willful or wanton misconduct of that person.
SB158-AA1,45,1816 4. Nothing herein shall be construed as a limitation on the liability of any
17licensee for professional malpractice or misconduct, which shall be governed solely
18by any other applicable state laws.
SB158-AA1,45,2219 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
20a member state's state action immunity or state action affirmative defense with
21respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
22or federal antitrust or anticompetitive law or regulation.
SB158-AA1,45,2423 6. Nothing in this compact shall be construed to be a waiver of sovereign
24immunity by the member states or by the commission.
SB158-AA1,46,2
1(11) Data system. (a) The commission shall provide for the development,
2maintenance, operation, and utilization of a coordinated data system.
SB158-AA1,46,43 (b) The commission shall assign each applicant for a multistate license a
4unique identifier, as determined by the rules of the commission.
SB158-AA1,46,75 (c) Notwithstanding any other provision of state law to the contrary, a member
6state shall submit a uniform data set to the data system on all individuals to whom
7this compact is applicable as required by the rules of the commission, including:
SB158-AA1,46,88 1. Identifying information;
SB158-AA1,46,99 2. Licensure data;
SB158-AA1,46,1010 3. Adverse actions against a license and information related thereto;
SB158-AA1,46,1311 4. Nonconfidential information related to alternative program participation,
12the beginning and ending dates of such participation, and other information related
13to such participation not made confidential under member state law;
SB158-AA1,46,1414 5. Any denial of application for licensure, and the reason(s) for such denial;
SB158-AA1,46,1515 6. The presence of current significant investigative information; and
SB158-AA1,46,1716 7. Other information that may facilitate the administration of this compact or
17the protection of the public, as determined by the rules of the commission.
SB158-AA1,46,2218 (d) The records and information provided to a member state pursuant to this
19compact or through the data system, when certified by the commission or an agent
20thereof, shall constitute the authenticated business records of the commission, and
21shall be entitled to any associated hearsay exception in any relevant judicial,
22quasi-judicial or administrative proceedings in a member state.
SB158-AA1,46,2423 (e) Current significant investigative information pertaining to a licensee in any
24member state will only be available to other member states.
SB158-AA1,47,4
11. It is the responsibility of the member states to report any adverse action
2against a licensee and to monitor the database to determine whether adverse action
3has been taken against a licensee. Adverse action information pertaining to a
4licensee in any member state will be available to any other member state.
SB158-AA1,47,75 (f) Member states contributing information to the data system may designate
6information that may not be shared with the public without the express permission
7of the contributing state.
SB158-AA1,47,108 (g) Any information submitted to the data system that is subsequently
9expunged pursuant to federal law or the laws of the member state contributing the
10information shall be removed from the data system.
SB158-AA1,47,17 11(12) Rule making. (a) The commission shall promulgate reasonable rules in
12order to effectively and efficiently implement and administer the purposes and
13provisions of the compact. A rule shall be invalid and have no force or effect only if
14a court of competent jurisdiction holds that the rule is invalid because the
15commission exercised its rule-making authority in a manner that is beyond the
16scope and purposes of the compact, or the powers granted hereunder, or based upon
17another applicable standard of review.
SB158-AA1,47,2318 (b) The rules of the commission shall have the force of law in each member state,
19provided however that where the rules of the commission conflict with the laws of the
20member state that establish the member state's laws, regulations, and applicable
21standards that govern the practice of social work as held by a court of competent
22jurisdiction, the rules of the commission shall be ineffective in that state to the extent
23of the conflict.
SB158-AA1,48,224 (c) The commission shall exercise its rule-making powers pursuant to the
25criteria set forth in this subsection and the rules adopted thereunder. Rules shall

1become binding on the day following adoption or the date specified in the rule or
2amendment, whichever is later.
SB158-AA1,48,63 (d) If a majority of the legislatures of the member states rejects a rule or portion
4of a rule, by enactment of a statute or resolution in the same manner used to adopt
5the compact within four (4) years of the date of adoption of the rule, then such rule
6shall have no further force and effect in any member state.
SB158-AA1,48,77 (e) Rules shall be adopted at a regular or special meeting of the commission.
SB158-AA1,48,108 (f) Prior to adoption of a proposed rule, the commission shall hold a public
9hearing and allow persons to provide oral and written comments, data, facts,
10opinions, and arguments.
SB158-AA1,48,1411 (g) Prior to adoption of a proposed rule by the commission, and at least thirty
12(30) days in advance of the meeting at which the commission will hold a public
13hearing on the proposed rule, the commission shall provide a notice of proposed rule
14making:
SB158-AA1,48,1515 1. On the website of the commission or other publicly accessible platform;
SB158-AA1,48,1716 2. To persons who have requested notice of the commission's notices of proposed
17rule making, and
SB158-AA1,48,1818 3. In such other way(s) as the commission may by rule specify.
SB158-AA1,48,1919 (h) The notice of proposed rule making shall include:
SB158-AA1,48,2320 1. The time, date, and location of the public hearing at which the commission
21will hear public comments on the proposed rule and, if different, the time, date, and
22location of the meeting where the commission will consider and vote on the proposed
23rule;
SB158-AA1,49,3
12. If the hearing is held via telecommunication, video conference, or other
2electronic means, the commission shall include the mechanism for access to the
3hearing in the notice of proposed rule making;
SB158-AA1,49,44 3. The text of the proposed rule and the reason therefor;
SB158-AA1,49,55 4. A request for comments on the proposed rule from any interested person; and
SB158-AA1,49,66 5. The manner in which interested persons may submit written comments.
SB158-AA1,49,97 (i) All hearings will be recorded. A copy of the recording and all written
8comments and documents received by the commission in response to the proposed
9rule shall be available to the public.
SB158-AA1,49,1210 (j) Nothing in this subsection shall be construed as requiring a separate
11hearing on each rule. Rules may be grouped for the convenience of the commission
12at hearings required by this subsection.
SB158-AA1,49,1413 (k) The commission shall, by majority vote of all members, take final action on
14the proposed rule based on the rule-making record and the full text of the rule.
SB158-AA1,49,1615 1. The commission may adopt changes to the proposed rule provided the
16changes do not enlarge the original purpose of the proposed rule.
SB158-AA1,49,1917 2. The commission shall provide an explanation of the reasons for substantive
18changes made to the proposed rule as well as reasons for substantive changes not
19made that were recommended by commenters.
SB158-AA1,49,2220 3. The commission shall determine a reasonable effective date for the rule.
21Except for an emergency as provided in par. (L), the effective date of the rule shall
22be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
SB158-AA1,50,423 (L) Upon determination that an emergency exists, the commission may
24consider and adopt an emergency rule with 48 hours' notice, with opportunity to
25comment, provided that the usual rule-making procedures provided in the compact

1and in this subsection shall be retroactively applied to the rule as soon as reasonably
2possible, in no event later than ninety (90) days after the effective date of the rule.
3For the purposes of this provision, an emergency rule is one that must be adopted
4immediately in order to:
SB158-AA1,50,55 1. Meet an imminent threat to public health, safety, or welfare;
SB158-AA1,50,66 2. Prevent a loss of commission or member state funds;
SB158-AA1,50,87 3. Meet a deadline for the promulgation of a rule that is established by federal
8law or rule; or
SB158-AA1,50,99 4. Protect public health and safety.
SB158-AA1,50,1910 (m) The commission or an authorized committee of the commission may direct
11revisions to a previously adopted rule for purposes of correcting typographical errors,
12errors in format, errors in consistency, or grammatical errors. Public notice of any
13revisions shall be posted on the website of the commission. The revision shall be
14subject to challenge by any person for a period of thirty (30) days after posting. The
15revision may be challenged only on grounds that the revision results in a material
16change to a rule. A challenge shall be made in writing and delivered to the
17commission prior to the end of the notice period. If no challenge is made, the revision
18will take effect without further action. If the revision is challenged, the revision may
19not take effect without the approval of the commission.
SB158-AA1,50,2120 (n) No member state's rule-making requirements shall apply under this
21compact.
SB158-AA1,50,25 22(13) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
23executive and judicial branches of state government in each member state shall
24enforce this compact and take all actions necessary and appropriate to implement
25the compact.
SB158-AA1,51,8
12. Except as otherwise provided in this compact, venue is proper and judicial
2proceedings by or against the commission shall be brought solely and exclusively in
3a court of competent jurisdiction where the principal office of the commission is
4located. The commission may waive venue and jurisdictional defenses to the extent
5it adopts or consents to participate in alternative dispute resolution proceedings.
6Nothing herein shall affect or limit the selection or propriety of venue in any action
7against a licensee for professional malpractice, misconduct or any such similar
8matter.
SB158-AA1,51,139 3. The commission shall be entitled to receive service of process in any
10proceeding regarding the enforcement or interpretation of the compact and shall
11have standing to intervene in such a proceeding for all purposes. Failure to provide
12the commission service of process shall render a judgment or order void as to the
13commission, this compact, or promulgated rules.
SB158-AA1,51,2014 (b) Default, technical assistance, and termination. 1. If the commission
15determines that a member state has defaulted in the performance of its obligations
16or responsibilities under this compact or the promulgated rules, the commission
17shall provide written notice to the defaulting state. The notice of default shall
18describe the default, the proposed means of curing the default, and any other action
19that the commission may take, and shall offer training and specific technical
20assistance regarding the default.
SB158-AA1,51,2221 2. The commission shall provide a copy of the notice of default to the other
22member states.
SB158-AA1,52,323 (c) If a state in default fails to cure the default, the defaulting state may be
24terminated from the compact upon an affirmative vote of a majority of the delegates
25of the member states, and all rights, privileges and benefits conferred on that state

1by this compact may be terminated on the effective date of termination. A cure of the
2default does not relieve the offending state of obligations or liabilities incurred
3during the period of default.
SB158-AA1,52,84 (d) Termination of membership in the compact shall be imposed only after all
5other means of securing compliance have been exhausted. Notice of intent to
6suspend or terminate shall be given by the commission to the governor, the majority
7and minority leaders of the defaulting state's legislature, the defaulting state's state
8licensing authority and each of the member states' state licensing authority.
SB158-AA1,52,119 (e) A state that has been terminated is responsible for all assessments,
10obligations, and liabilities incurred through the effective date of termination,
11including obligations that extend beyond the effective date of termination.
SB158-AA1,52,1612 (f) Upon the termination of a state's membership from this compact, that state
13shall immediately provide notice to all licensees within that state of such
14termination. The terminated state shall continue to recognize all licenses granted
15pursuant to this compact for a minimum of six (6) months after the date of said notice
16of termination.
SB158-AA1,52,1917 (g) The commission shall not bear any costs related to a state that is found to
18be in default or that has been terminated from the compact, unless agreed upon in
19writing between the commission and the defaulting state.
SB158-AA1,52,2320 (h) The defaulting state may appeal the action of the commission by petitioning
21the U.S. District Court for the District of Columbia or the federal district where the
22commission has its principal offices. The prevailing party shall be awarded all costs
23of such litigation, including reasonable attorney's fees.
SB158-AA1,53,3
1(i) Dispute resolution. 1. Upon request by a member state, the commission
2shall attempt to resolve disputes related to the compact that arise among member
3states and between member and nonmember states.
SB158-AA1,53,54 2. The commission shall promulgate a rule providing for both mediation and
5binding dispute resolution for disputes as appropriate.
SB158-AA1,53,156 (j) Enforcement. 1. By majority vote as provided by rule, the commission may
7initiate legal action against a member state in default in the United States District
8Court for the District of Columbia or the federal district where the commission has
9its principal offices to enforce compliance with the provisions of the compact and its
10promulgated rules. The relief sought may include both injunctive relief and
11damages. In the event judicial enforcement is necessary, the prevailing party shall
12be awarded all costs of such litigation, including reasonable attorney's fees. The
13remedies herein shall not be the exclusive remedies of the commission. The
14commission may pursue any other remedies available under federal or the defaulting
15member state's law.
SB158-AA1,53,2216 2. A member state may initiate legal action against the commission in the U.S.
17District Court for the District of Columbia or the federal district where the
18commission has its principal offices to enforce compliance with the provisions of the
19compact and its promulgated rules. The relief sought may include both injunctive
20relief and damages. In the event judicial enforcement is necessary, the prevailing
21party shall be awarded all costs of such litigation, including reasonable attorney's
22fees.
SB158-AA1,53,2423 3. No person other than a member state shall enforce this compact against the
24commission.
SB158-AA1,54,3
1(14) Effective date, withdrawal, and amendment. (a) The compact shall come
2into effect on the date on which the compact statute is enacted into law in the seventh
3member state.
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