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2019 - 2020 LEGISLATURE
August 28, 2019 - Introduced by Representatives C. Taylor, Stubbs, Hebl,
Anderson, Crowley, Zamarripa, Sinicki, Bowen, L. Myers, Considine,
Spreitzer, Neubauer, Billings, Sargent, Subeck, Ohnstad, Emerson,
Cabrera, Gruszynski and Brostoff, cosponsored by Senators L. Taylor,
Carpenter, Ringhand, Wirch and Johnson. Referred to Committee on Labor
and Integrated Employment.
AB384,1,5 1An Act to renumber 111.335 (3) (a); to amend 111.335 (4) (b), 111.335 (4) (c) 1.
2(intro.), 111.335 (4) (e) and 111.335 (4) (f) 1.; and to create 111.335 (3) (ag) of
3the statutes; relating to: prohibiting consideration of the conviction record of
4an applicant for employment before the applicant has been selected for an
5interview.
Analysis by the Legislative Reference Bureau
This bill provides that employment discrimination because of conviction record
includes requesting an applicant for employment, on an application form or
otherwise, to supply information regarding the conviction record of the applicant, or
otherwise inquiring into or considering the conviction record of an applicant for
employment, before the applicant has been selected for an interview by the
prospective employer.
The bill, however, does not prohibit an employer from notifying applicants for
employment that an individual with a particular conviction record may be
disqualified by law or the employer's policies from employment in particular
positions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB384,1
1Section 1. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
AB384,2 2Section 2 . 111.335 (3) (ag) of the statutes is created to read:
AB384,2,83 111.335 (3) (ag) 1. Employment discrimination because of conviction record
4includes requesting an applicant for employment, on an application form or
5otherwise, to supply information regarding the conviction record of the applicant, or
6otherwise inquiring into or considering the conviction record of an applicant for
7employment, before the applicant has been selected for an interview by the
8prospective employer.
AB384,2,129 2. Subdivision 1. does not prohibit an employer from notifying applicants for
10employment that, subject to this section and ss. 111.321 and 111.322, an individual
11with a particular conviction record may be disqualified by law or under the
12employer's policies from employment in particular positions.
AB384,3 13Section 3 . 111.335 (4) (b) of the statutes is amended to read:
AB384,2,1814 111.335 (4) (b) It is employment discrimination because of conviction record for
15a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
16bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
17individual was adjudicated delinquent under ch. 938 for an offense other than an
18exempt offense.
AB384,4 19Section 4 . 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
AB384,2,2220 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
21under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
22(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
AB384,5 23Section 5 . 111.335 (4) (e) of the statutes is amended to read:
AB384,3,324 111.335 (4) (e) A state licensing agency that may refuse to license individuals
25under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure

1under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
2indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
3termination.
AB384,6 4Section 6 . 111.335 (4) (f) 1. of the statutes is amended to read:
AB384,3,105 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
6under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
7under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
8without submitting a full application and without paying the fees applicable to
9applicants, apply to the agency for a determination of whether the individual would
10be disqualified from obtaining the license due to his or her conviction record.
AB384,7 11Section 7 . Initial applicability.
AB384,3,1312 (1) Consideration of conviction record. This act first applies to an application
13for employment submitted to an employer on the effective date of this subsection.
AB384,8 14Section 8 . Effective date.
AB384,3,1615 (1) Consideration of conviction record. This act takes effect on the first day
16of the 6th month beginning after publication.
AB384,3,1717 (End)
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