This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB391,41,2321 b. Recommend to the commission changes to the rules or bylaws, changes to
22this compact legislation, fees charged to compact member states, fees charged to
23licensees, and other fees;
SB391,41,2524 c. Ensure compact administration services are appropriately provided,
25including by contract;
SB391,42,1
1d. Prepare and recommend the budget;
SB391,42,22 e. Maintain financial records on behalf of the commission;
SB391,42,43 f. Monitor compact compliance of member states and provide compliance
4reports to the commission;
SB391,42,55 g. Establish additional committees as necessary;
SB391,42,96 h. Exercise the powers and duties of the commission during the interim
7between commission meetings, except for adopting or amending rules, adopting or
8amending bylaws, and exercising any other powers and duties expressly reserved to
9the commission by rule or bylaw; and
SB391,42,1010 i. Other duties as provided in the rules or bylaws of the commission.
SB391,42,1111 2. The executive committee shall be composed of up to eleven (11) members:
SB391,42,1312 a. The chair and vice chair of the commission shall be voting members of the
13executive committee; and
SB391,42,1514 b. The commission shall elect five voting members from the current
15membership of the commission.
SB391,42,1716 c. Up to four (4) ex officio, nonvoting members from four (4) recognized national
17social work organizations.
SB391,42,1818 d. The ex officio members will be selected by their respective organizations.
SB391,42,2019 3. The commission may remove any member of the executive committee as
20provided in the commission's bylaws.
SB391,42,2121 4. The executive committee shall meet at least annually.
SB391,42,2422 a. Executive committee meetings shall be open to the public, except that the
23executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
242. below.
SB391,43,3
1b. The executive committee shall give seven (7) days' notice of its meetings,
2posted on its website and as determined to provide notice to persons with an interest
3in the business of the commission.
SB391,43,54 c. The executive committee may hold a special meeting in accordance with par.
5(f) 1. b. below.
SB391,43,76 (e) The commission shall adopt and provide to the member states an annual
7report.
SB391,43,108 (f) Meetings of the commission. 1. All meetings shall be open to the public,
9except that the commission may meet in a closed, nonpublic meeting as provided in
10par. (f) 2. below.
SB391,43,1411 a. Public notice for all meetings of the full commission of meetings shall be
12given in the same manner as required under the rule-making provisions in sub. (12),
13except that the commission may hold a special meeting as provided in par. (f) 1. b.
14below.
SB391,43,1915 b. The commission may hold a special meeting when it must meet to conduct
16emergency business by giving 48 hours' notice to all commissioners, on the
17commission's website, and other means as provided in the commission's rules. The
18commission's legal counsel shall certify that the commission's need to meet qualifies
19as an emergency.
SB391,43,2320 2. The commission or the executive committee or other committees of the
21commission may convene in a closed, nonpublic meeting for the commission or
22executive committee or other committees of the commission to receive legal advice
23or to discuss:
SB391,43,2424 a. Noncompliance of a member state with its obligations under the compact;
SB391,44,2
1b. The employment, compensation, discipline or other matters, practices or
2procedures related to specific employees;
SB391,44,43 c. Current or threatened discipline of a licensee by the commission or by a
4member state's licensing authority;
SB391,44,55 d. Current, threatened, or reasonably anticipated litigation;
SB391,44,76 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
7real estate;
SB391,44,88 f. Accusing any person of a crime or formally censuring any person;
SB391,44,109 g. Trade secrets or commercial or financial information that is privileged or
10confidential;
SB391,44,1211 h. Information of a personal nature where disclosure would constitute a clearly
12unwarranted invasion of personal privacy;
SB391,44,1313 i. Investigative records compiled for law enforcement purposes;
SB391,44,1614 j. Information related to any investigative reports prepared by or on behalf of
15or for use of the commission or other committee charged with responsibility of
16investigation or determination of compliance issues pursuant to the compact;
SB391,44,1817 k. Matters specifically exempted from disclosure by federal or member state
18law; or
SB391,44,1919 L. Other matters as promulgated by the Commission by Rule.
SB391,44,2220 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
21that the meeting will be closed and reference each relevant exempting provision, and
22such reference shall be recorded in the minutes.
SB391,45,423 4. The commission shall keep minutes that fully and clearly describe all
24matters discussed in a meeting and shall provide a full and accurate summary of
25actions taken, and the reasons therefore, including a description of the views

1expressed. All documents considered in connection with an action shall be identified
2in such minutes. All minutes and documents of a closed meeting shall remain under
3seal, subject to release only by a majority vote of the commission or order of a court
4of competent jurisdiction.
SB391,45,75 (g) Financing of the commission. 1. The commission shall pay, or provide for
6the payment of, the reasonable expenses of its establishment, organization, and
7ongoing activities.
SB391,45,98 2. The commission may accept any and all appropriate revenue sources as
9provided in par. (c) 13.
SB391,45,1610 3. The commission may levy on and collect an annual assessment from each
11member state and impose fees on licensees of member states to whom it grants a
12multistate license to cover the cost of the operations and activities of the commission
13and its staff, which must be in a total amount sufficient to cover its annual budget
14as approved each year for which revenue is not provided by other sources. The
15aggregate annual assessment amount for member states shall be allocated based
16upon a formula that the commission shall promulgate by rule.
SB391,45,1917 4. The commission shall not incur obligations of any kind prior to securing the
18funds adequate to meet the same; nor shall the commission pledge the credit of any
19of the member states, except by and with the authority of the member state.
SB391,46,220 5. The commission shall keep accurate accounts of all receipts and
21disbursements. The receipts and disbursements of the commission shall be subject
22to the financial review and accounting procedures established under its bylaws.
23However, all receipts and disbursements of funds handled by the commission shall
24be subject to an annual financial review by a certified or licensed public accountant,

1and the report of the financial review shall be included in and become part of the
2annual report of the commission.
SB391,46,143 (h) Qualified immunity, defense, and indemnification. 1. The members,
4officers, executive director, employees and representatives of the commission shall
5be immune from suit and liability, both personally and in their official capacity, for
6any claim for damage to or loss of property or personal injury or other civil liability
7caused by or arising out of any actual or alleged act, error, or omission that occurred,
8or that the person against whom the claim is made had a reasonable basis for
9believing occurred within the scope of commission employment, duties or
10responsibilities; provided that nothing in this subdivision shall be construed to
11protect any such person from suit or liability for any damage, loss, injury, or liability
12caused by the intentional or willful or wanton misconduct of that person. The
13procurement of insurance of any type by the commission shall not in any way
14compromise or limit the immunity granted hereunder.
SB391,46,2415 2. The commission shall defend any member, officer, executive director,
16employee, and representative of the commission in any civil action seeking to impose
17liability arising out of any actual or alleged act, error, or omission that occurred
18within the scope of commission employment, duties, or responsibilities, or as
19determined by the commission that the person against whom the claim is made had
20a reasonable basis for believing occurred within the scope of commission
21employment, duties, or responsibilities; provided that nothing herein shall be
22construed to prohibit that person from retaining their own counsel at their own
23expense; and provided further, that the actual or alleged act, error, or omission did
24not result from that person's intentional or willful or wanton misconduct.
SB391,47,8
13. The commission shall indemnify and hold harmless any member, officer,
2executive director, employee, and representative of the commission for the amount
3of any settlement or judgment obtained against that person arising out of any actual
4or alleged act, error, or omission that occurred within the scope of commission
5employment, duties, or responsibilities, or that such person had a reasonable basis
6for believing occurred within the scope of commission employment, duties, or
7responsibilities, provided that the actual or alleged act, error, or omission did not
8result from the intentional or willful or wanton misconduct of that person.
SB391,47,119 4. Nothing herein shall be construed as a limitation on the liability of any
10licensee for professional malpractice or misconduct, which shall be governed solely
11by any other applicable state laws.
SB391,47,1512 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
13a member state's state action immunity or state action affirmative defense with
14respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
15or federal antitrust or anticompetitive law or regulation.
SB391,47,1716 6. Nothing in this compact shall be construed to be a waiver of sovereign
17immunity by the member states or by the commission.
SB391,47,19 18(11) Data system. (a) The commission shall provide for the development,
19maintenance, operation, and utilization of a coordinated data system.
SB391,47,2120 (b) The commission shall assign each applicant for a multistate license a
21unique identifier, as determined by the rules of the commission.
SB391,47,2422 (c) Notwithstanding any other provision of state law to the contrary, a member
23state shall submit a uniform data set to the data system on all individuals to whom
24this compact is applicable as required by the rules of the commission, including:
SB391,47,2525 1. Identifying information;
SB391,48,1
12. Licensure data;
SB391,48,22 3. Adverse actions against a license and information related thereto;
SB391,48,53 4. Nonconfidential information related to alternative program participation,
4the beginning and ending dates of such participation, and other information related
5to such participation not made confidential under member state law;
SB391,48,66 5. Any denial of application for licensure, and the reason(s) for such denial;
SB391,48,77 6. The presence of current significant investigative information; and
SB391,48,98 7. Other information that may facilitate the administration of this compact or
9the protection of the public, as determined by the rules of the commission.
SB391,48,1410 (d) The records and information provided to a member state pursuant to this
11compact or through the data system, when certified by the commission or an agent
12thereof, shall constitute the authenticated business records of the commission, and
13shall be entitled to any associated hearsay exception in any relevant judicial,
14quasi-judicial or administrative proceedings in a member state.
SB391,48,1615 (e) Current significant investigative information pertaining to a licensee in any
16member state will only be available to other member states.
SB391,48,2017 1. It is the responsibility of the member states to report any adverse action
18against a licensee and to monitor the database to determine whether adverse action
19has been taken against a licensee. Adverse action information pertaining to a
20licensee in any member state will be available to any other member state.
SB391,48,2321 (f) Member states contributing information to the data system may designate
22information that may not be shared with the public without the express permission
23of the contributing state.
SB391,49,3
1(g) Any information submitted to the data system that is subsequently
2expunged pursuant to federal law or the laws of the member state contributing the
3information shall be removed from the data system.
SB391,49,10 4(12) Rule making. (a) The commission shall promulgate reasonable rules in
5order to effectively and efficiently implement and administer the purposes and
6provisions of the compact. A rule shall be invalid and have no force or effect only if
7a court of competent jurisdiction holds that the rule is invalid because the
8commission exercised its rule-making authority in a manner that is beyond the
9scope and purposes of the compact, or the powers granted hereunder, or based upon
10another applicable standard of review.
SB391,49,1611 (b) The rules of the commission shall have the force of law in each member state,
12provided however that where the rules of the commission conflict with the laws of the
13member state that establish the member state's laws, regulations, and applicable
14standards that govern the practice of social work as held by a court of competent
15jurisdiction, the rules of the commission shall be ineffective in that state to the extent
16of the conflict.
SB391,49,2017 (c) The commission shall exercise its rule-making powers pursuant to the
18criteria set forth in this subsection and the rules adopted thereunder. Rules shall
19become binding on the day following adoption or the date specified in the rule or
20amendment, whichever is later.
SB391,49,2421 (d) If a majority of the legislatures of the member states rejects a rule or portion
22of a rule, by enactment of a statute or resolution in the same manner used to adopt
23the compact within four (4) years of the date of adoption of the rule, then such rule
24shall have no further force and effect in any member state.
SB391,49,2525 (e) Rules shall be adopted at a regular or special meeting of the commission.
SB391,50,3
1(f) Prior to adoption of a proposed rule, the commission shall hold a public
2hearing and allow persons to provide oral and written comments, data, facts,
3opinions, and arguments.
SB391,50,74 (g) Prior to adoption of a proposed rule by the commission, and at least thirty
5(30) days in advance of the meeting at which the commission will hold a public
6hearing on the proposed rule, the commission shall provide a notice of proposed rule
7making:
SB391,50,88 1. On the website of the commission or other publicly accessible platform;
SB391,50,109 2. To persons who have requested notice of the commission's notices of proposed
10rule making, and
SB391,50,1111 3. In such other way(s) as the commission may by rule specify.
SB391,50,1212 (h) The notice of proposed rule making shall include:
SB391,50,1613 1. The time, date, and location of the public hearing at which the commission
14will hear public comments on the proposed rule and, if different, the time, date, and
15location of the meeting where the commission will consider and vote on the proposed
16rule;
SB391,50,1917 2. If the hearing is held via telecommunication, video conference, or other
18electronic means, the commission shall include the mechanism for access to the
19hearing in the notice of proposed rule making;
SB391,50,2020 3. The text of the proposed rule and the reason therefor;
SB391,50,2121 4. A request for comments on the proposed rule from any interested person; and
SB391,50,2222 5. The manner in which interested persons may submit written comments.
SB391,50,2523 (i) All hearings will be recorded. A copy of the recording and all written
24comments and documents received by the commission in response to the proposed
25rule shall be available to the public.
SB391,51,3
1(j) Nothing in this subsection shall be construed as requiring a separate
2hearing on each rule. Rules may be grouped for the convenience of the commission
3at hearings required by this subsection.
SB391,51,54 (k) The commission shall, by majority vote of all members, take final action on
5the proposed rule based on the rule-making record and the full text of the rule.
SB391,51,76 1. The commission may adopt changes to the proposed rule provided the
7changes do not enlarge the original purpose of the proposed rule.
SB391,51,108 2. The commission shall provide an explanation of the reasons for substantive
9changes made to the proposed rule as well as reasons for substantive changes not
10made that were recommended by commenters.
SB391,51,1311 3. The commission shall determine a reasonable effective date for the rule.
12Except for an emergency as provided in par. (L), the effective date of the rule shall
13be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
SB391,51,2014 (L) Upon determination that an emergency exists, the commission may
15consider and adopt an emergency rule with 48 hours' notice, with opportunity to
16comment, provided that the usual rule-making procedures provided in the compact
17and in this subsection shall be retroactively applied to the rule as soon as reasonably
18possible, in no event later than ninety (90) days after the effective date of the rule.
19For the purposes of this provision, an emergency rule is one that must be adopted
20immediately in order to:
SB391,51,2121 1. Meet an imminent threat to public health, safety, or welfare;
SB391,51,2222 2. Prevent a loss of commission or member state funds;
SB391,51,2423 3. Meet a deadline for the promulgation of a rule that is established by federal
24law or rule; or
Loading...
Loading...