LRB-1712/1
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2019 - 2020 LEGISLATURE
2019 Assembly BILL 30
February 22, 2019 - Introduced by Representatives Hutton, Snyder, Fields,
Ballweg, Bowen, Brooks, Goyke, Horlacher, Krug, Kurtz, Mursau, Myers,
Ramthun, Sortwell, Tittl and Thiesfeldt, cosponsored by Senators
Darling, L. Taylor, Carpenter, Cowles, Feyen, Olsen, Stroebel and
Wanggaard. Referred to Committee on Corrections.
AB30,1,3 1An Act to create 20.625 (1) (h), 758.20 (3), 895.492 and 973.25 of the statutes;
2relating to: creating a procedure for granting certificates of qualification for
3employment for persons convicted of a crime and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been convicted of a crime may be ineligible
for, or at a disadvantage related to, certain types of employment, occupational
licensing, or occupational certification. This bill creates the Council on Offender
Employment, which may issue a certificate of qualification for employment (CQE)
that grants relief to the person from ineligibility for or disadvantage related to
employment, occupational licensing, or occupational certification.
Under the bill, a person who has been convicted of a nonviolent crime and
released from confinement may apply to the council for a CQE after he or she has
served a term of incarceration of at least 24 consecutive months or after he or she has
served a term of incarceration of at least 12 consecutive months and a term of
extended supervision of at least 12 consecutive months. Under the bill, the
Department of Corrections must supply the council with information gathered
during the person's period of incarceration and supervision that the council may use
to determine whether to grant a CQE.
Under the bill, the council must grant a person's application for a CQE if the
council finds that the person is not likely to pose a risk to public safety, that the CQE
will substantially assist the person in obtaining employment or occupational
licensing or certification, and that the person is less likely to commit an additional

criminal offense if he or she obtains a CQE. The council may not issue a CQE that
provides relief from ineligibility for certain occupations, licenses, or certifications
that are related to certain offenses, that are designed to protect public health and
safety, or that have a close connection to the crime for which the person was
convicted. Under the bill, generally, if a person who received a CQE is convicted of
a felony or of a Class A or Class B misdemeanor or has his or her probation or
extended supervision revoked for committing a criminal offense, the CQE is
permanently revoked.
The bill also provides limited immunity from civil liability for employers who
hire a person who is issued a CQE. Under the bill, the employer is immune from
liability for the acts or omissions of the employee unless the employer acted
maliciously, with gross negligence, or with intent to cause harm when he or she hired
the employee.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.