Amendment SE3 SSA1-SB1

Current state law requires DWD to establish a program that is consistent with federal law to test certain claimants who apply for UI benefits for the presence of controlled substances. A claimant who tests positive for a controlled substance for which the claimant does not have a prescription is ineligible for UI benefits until certain requalification criteria are satisfied or unless he or she enrolls in a substance abuse treatment program and undergoes a job skills assessment, and a claimant who declines to submit to a test is simply ineligible for benefits until he or she requalifies. Claimants who are required to undergo drug testing include individuals for whom suitable work is only available in occupations for which drug testing is regularly conducted in this state. However, current law provides that these provisions do not apply until DWD promulgates rules to implement the requirements and those rules take effect, including rules identifying occupations for which drug testing is regularly conducted in this state.

The bill requires DWD to immediately promulgate the required rules.

Unemployment insurance; Reemployment Services and Eligibility Assessment grants

Under federal law, the United States Department of Labor (USDOL) operates the Reemployment Services and Eligibility Assessment (RESEA) program, whereby grants are awarded to states to provide reemployment services to claimants. Participation in the RESEA program is voluntary and requires that a state submit a state plan to USDOL that outlines how the state intends to conduct a program of reemployment services and eligibility assessments.

The bill requires that DWD act to continue to participate in the RESEA program and requires DWD to provide certain RESEA services to all UI claimants.

Unemployment insurance; database comparisons

The bill requires DWD to perform a comparison of state and national databases that track death records, employment records, and prison records against recipients of UI benefits for the purposes of detecting fraud or erroneous payments. The bill requires DWD to perform the comparison on at least a weekly basis. The bill provides that DWD may also make such comparisons with other databases.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1-SSA1,1 Section 1. 13.0963 of the statutes is created to read:

SB1-SSA1,12,4 13.0963 Review of bills creating occupational licenses. (1) Definition. In subs. (2) and (3), “license” includes any permit, certificate, approval, registration, charter, or similar form of permission.

SB1-SSA1,13,5 (2) Report on bills creating occupational licenses. (a) If any bill that is introduced in either house of the legislature creates a requirement that an individual obtain a license in order to engage in a particular profession or occupation or a requirement that a license be obtained in order for a particular type of business to be owned or operated, the department of administration shall prepare and issue an occupational license report on the bill within 30 business days after it is introduced. The department shall request information from any individual or business that the department considers likely to be affected by the proposed licensure requirement and shall request a statement or analysis from the agency that would be required to administer the licensure requirement. Individuals, businesses, and agencies shall comply with requests by the department for information that is reasonably necessary for the department to prepare the report. To the greatest extent possible, reports under this section shall be based on the information obtained by the department from individuals, businesses, and agencies under this paragraph.

SB1-SSA1,13,9 (b) A bill that requires a report by the department of administration under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department of administration.

SB1-SSA1,13,16 (c) The report prepared under this section shall be printed as an appendix to the applicable bill and shall be distributed in the same manner as amendments. The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee. The department of administration shall also publish the report on its Internet site.

SB1-SSA1,13,18 (3) Findings to be contained in the report. The department of administration shall include all of the following in a report prepared under sub. (2):

SB1-SSA1,13,22 (a) An evaluation of whether the unregulated practice of the profession, occupation, or business can clearly harm or endanger the health, safety, or welfare of the public, and whether the potential for the harm is recognizable and not remote or speculative.

SB1-SSA1,13,24 (b) An evaluation of whether the public can reasonably be expected to benefit from the requirement for the license.

SB1-SSA1,14,2 (c) An evaluation of what the least restrictive regulation is that will effectively protect the public, as determined under sub. (4).

SB1-SSA1,14,4 (d) An analysis of licensure requirements for that profession, occupation, or business in other states, including educational and reciprocity requirements.

SB1-SSA1,14,6 (e) An estimate of the number of individuals or businesses that would be affected by the requirement.

SB1-SSA1,14,11 (f) An estimate of the total additional financial burden that will be imposed on an individual or business as a result of the licensure requirement, including education or training costs, examination fees, private credential fees, credential fees imposed by the agency, and other costs that the individual or business will have to incur in order to obtain the license.

SB1-SSA1,14,13 (g) Any statement or analysis from the agency that would administer the licensure requirement.

SB1-SSA1,14,14 (4) Determination of least restrictive regulation. (a) In this subsection:

SB1-SSA1,14,16 1. “Certification” means a voluntary program to which all of the following apply:

SB1-SSA1,14,19 a. A private organization or the state grants a nontransferable recognition to an individual who meets certain personal qualifications established by the private organization or by law.

SB1-SSA1,14,20 b. Upon approval, the individual may use “certified” as a designated title.

SB1-SSA1,14,22 c. A noncertified individual may perform the occupation for compensation but may not use the title “certified.”

SB1-SSA1,14,23 2. “Occupational license” means a program to which all of the following apply:

SB1-SSA1,15,3 a. The state grants a nontransferable authorization to an individual who meets certain personal qualifications established by law in order to perform an occupation for compensation.

SB1-SSA1,15,5 b. It is unlawful for an individual who does not possess the requisite authorization to perform the occupation for compensation.

SB1-SSA1,15,10 3. “Personal qualifications” means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.

SB1-SSA1,15,11 4. “Registration” means a program to which all of the following apply:

SB1-SSA1,15,15 a. The program requires an individual to provide notice to the state that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides.

SB1-SSA1,15,17 b. The program does not require certain personal qualifications to be satisfied, but may require a bond or insurance.

SB1-SSA1,15,18 c. Upon registering, the individual may use “registered” as a designated title.

SB1-SSA1,15,20 d. A nonregistered individual may not perform the occupation for compensation or use “registered” as a designated title.

SB1-SSA1,15,22 (b) For purposes of sub. (3) (c), “least restrictive regulation” means one of the following, from least restrictive to most restrictive:

SB1-SSA1,15,23 1. Market competition.

SB1-SSA1,15,24 2. Third-party or consumer-created ratings and reviews.

SB1-SSA1,15,25 3. Private certification.

SB1-SSA1,16,1 4. A specific private civil cause of action to remedy consumer harm.

SB1-SSA1,16,3 5. The designation of an unfair trade practice or method of competition in business.

SB1-SSA1,16,5 6. The regulation of the process of providing the specific goods or services to consumers.

SB1-SSA1,16,6 7. An inspection requirement.

SB1-SSA1,16,7 8. A bonding or insurance requirement.

SB1-SSA1,16,8 9. A registration requirement.

SB1-SSA1,16,9 10. A governmental certification requirement.

SB1-SSA1,16,10 11. An occupational license requirement.

SB1-SSA1,2 Section 2. 14.835 of the statutes is created to read:

SB1-SSA1,16,17 14.835 PA licensure compact. There is created a PA licensure compact commission as specified in s. 448.988. The delegate on the commission representing this state shall be appointed by the physician assistant affiliated credentialing board as provided in s. 448.988 (7) (b) 1. and shall be an individual described in s. 448.988 (7) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 448.988.

SB1-SSA1,3 Section 3. 14.896 of the statutes is created to read:

SB1-SSA1,16,24 14.896 Counseling compact. There is created a counseling compact commission as specified in s. 457.50. The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s. 457.50 (9) (b) 1. and shall be an individual described in s. 457.50 (9) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 457.50.

SB1-SSA1,4 Section 4. 14.8965 of the statutes is created to read:

SB1-SSA1,17,5 14.8965 Audiology and speech-language pathology licensure compact. There is created an audiology and speech-language pathology compact commission as specified in s. 459.70. The delegates of the commission representing this state shall be individuals described in s. 459.70 (8) (b) 1. The commission has the powers and duties granted and imposed under s. 459.70.

SB1-SSA1,5 Section 5. 14.897 of the statutes is created to read:

SB1-SSA1,17,12 14.897 Social work licensure compact. There is created a social work licensure compact commission as specified in s. 457.70. The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s. 457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 457.70.

SB1-SSA1,6 Section 6. 15.405 (7c) (a) 1. of the statutes is amended to read:

SB1-SSA1,17,15 15.405 (7c) (a) 1. Four social worker members who are certified or licensed under subch. I of ch. 457.

SB1-SSA1,7 Section 7. 15.405 (7c) (a) 2. of the statutes is amended to read:

SB1-SSA1,17,18 15.405 (7c) (a) 2. Three marriage and family therapist members who are licensed under subch. I of ch. 457.

SB1-SSA1,8 Section 8. 15.405 (7c) (a) 3. of the statutes is amended to read:

SB1-SSA1,17,21 15.405 (7c) (a) 3. Three professional counselor members who are licensed under subch. I of ch. 457.

SB1-SSA1,9 Section 9. 15.405 (7c) (a) 4. of the statutes is amended to read:

SB1-SSA1,17,25 15.405 (7c) (a) 4. Three public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under subch. I of ch. 457.

SB1-SSA1,10 Section 10. 15.405 (7c) (am) 1. of the statutes is amended to read:

SB1-SSA1,18,3 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch. 457 as an advanced practice social worker.

SB1-SSA1,11 Section 11. 15.405 (7c) (am) 3. of the statutes is amended to read:

SB1-SSA1,18,6 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch. 457 as a clinical social worker.

SB1-SSA1,12 Section 12. 15.405 (7c) (c) of the statutes is amended to read:

SB1-SSA1,18,12 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under subch. I of ch. 457, and all other matters of interest to either the social worker, marriage and family therapist, or professional counselor section shall be acted upon solely by the interested section of the examining board.

SB1-SSA1,13 Section 13. 15.407 (19) of the statutes is created to read:

SB1-SSA1,18,16 15.407 (19) Occupational license review council. There is created in the department of safety and professional services an occupational license review council. The council shall consist of the following members:

SB1-SSA1,18,18 (a) Four members appointed by the governor to serve at the pleasure of the governor.

SB1-SSA1,18,19 (b) Two members of the senate appointed by the senate majority leader.

SB1-SSA1,18,20 (c) Two members of the assembly appointed by the speaker of the assembly.

SB1-SSA1,18,23 (d) The secretary of safety and professional services or his or her designee, who shall serve as chair of the council. The secretary or the secretary's designee shall serve as a nonvoting member, except that he or she may vote in the case of a tie.

SB1-SSA1,19,2 (e) The members under pars. (a) to (c) shall be appointed no later than June 30, 2024, and no later than June 30 of every 10th year thereafter. The secretary of safety and professional services shall convene the council no later than July 8, 2024, and no later than the 2nd Monday in July every 10th year thereafter.

SB1-SSA1,14 Section 14. 16.417 (1) (e) 3m. of the statutes is repealed and recreated to read:

SB1-SSA1,19,5 16.417 (1) (e) 3m. A physician assistant who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448.

SB1-SSA1,15 Section 15. 38.04 (34) of the statutes is created to read:

SB1-SSA1,19,8 38.04 (34) Student apprenticeship grants. (a) In this subsection, “apprenticeship program” has the meaning given in s. 106.001 (4).

SB1-SSA1,19,14 (b) The board shall award grants to students enrolled in technical colleges who have undertaken an apprenticeship program in conjunction with their course of instruction at the technical college. Grants may be awarded only to pay for the students' actual materials expenses, such as the cost of tools, equipment, and clothing, associated with the apprenticeship program. Grants may not exceed $1,500 per student or the student's actual materials expenses, whichever is less.

SB1-SSA1,19,16 (c) The board may not award a grant to a student under this subsection unless the student's application submitted to the board includes all of the following:

SB1-SSA1,19,18 1. A recommendation form signed by the student's apprenticeship employer or another person in the trades.

SB1-SSA1,19,20 2. A statement of how the award would help the student complete the student's apprenticeship program.

SB1-SSA1,19,21 3. A statement signed by the student certifying all of the following:

SB1-SSA1,19,23 a. That the student will be enrolled in the apprenticeship program in the following semester.

SB1-SSA1,20,3 b. That the student will use the grant award to pay for materials expenses, such as the cost of tools, equipment, and clothing, that are directly related to the apprenticeship program.

SB1-SSA1,20,6 (d) The board may not award a grant to a student under this subsection unless the board has verified the student's enrollment in the apprenticeship program in the semester in which the grant award is made.