Wisconsin 2019-2020 Regular Session Status: Enacted 8 R cosponsors

AB 30 — Relating to: creating a procedure for granting certificates of qualification for employment for persons convicted of a crime and making an appropriation. (FE)

Last action — Published 3-4-2020

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

157 added · 23 removed

Plain-language change summary

The amendments to Bill AB 30 include changes to the language regarding how a certificate of qualification for employment (CQE) can be used in legal proceedings related to discrimination based on a conviction record. Specifically, the bill now states that a CQE cannot be used as evidence in cases where someone alleges discrimination because of their past convictions. This change is significant because it helps protect individuals with criminal records from potential biases in legal cases, allowing them a fairer chance in employment-related disputes.

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Previous
Latest
- 2020 LEGISLATURE LRBa1174/1 MLJ:cjs ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 30 February 11, 2020 - Offered by RepresentatiUTTON.
- 2020 LEGISLATURE LRB-1712/1 MLJ:kjf ASSEMBLY BILL 30 February 22, 2019 - Introduced by Representatives H UTTON, SNYDER , FIELD, B ALLWEG, BOWEN , ROOKS , OYKE , ORLACHER , KRUG, KURTZ, MURSAU, MYERS, R AMTHUN , SORTWELL , TITTL and T HIESFELDT, cosponsored by Senators D ARLING, L.
At the locations indicated, amend the bill as follows:
TAYLOR, C ARPENTER, C OWLES, FEYEN , OLSEN , STROEBEL and W ANGGAARD .
Referred to Committee on Corrections.
A N A CT to create 20.625 (1) (h), 758.20 (3), 895.492 and 973.25 of the statutes;
relating to:
creating a procedure for granting certificates of qualification for employment 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 - 2020 Legislature - 2 - LRB-1712/1 MLJ:kjf ASSEMBLY BILL 30 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
20.625 (1) (h) of the statutes is created to read:
20.625(1) (h) Certificates of qualification for employment.
All moneys received under s.
973.25 (4) (a) for general program operations of the circuit courts.
S ECTION 2.
758.20 (3) of the statutes is created to read:
758.20(3) The director of state courts shall ensure the Wisconsin Circuit Court Access Internet site provides the department of corrections access to the information required to complete the report under s.
973.25 (7).
S ECTION 3.
895.492 of the statutes is created to read:
895.492 Civil liability exemption;
certificate of qualification for employment.
(1) In this section:
(a) “Employee" has the meaning given in s.
101.01 (3) and also includes a former employee.
(b) “Employer" has the meaning given in s.
101.01 (4).
LRB-1712/1 - 2020 Legislature - 3 - MLJ:kjf S ECTION 3 ASSEMBLY BILL 30 (2) An employer who hires an employee who has been issued a certificate of qualification for employment under s.
973.25 is immune from liability for the acts or omissions of the employee unless the employer, when he or she hired the employee, acted maliciously, with gross negligence, or with intent to cause harm.
SECTION 4.
973.25 of the statutes is created to read:
973.25 Certificates of qualification for employment.
Show all 90 changed rows (50 more)
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Latest
(1) D EFINITIONS.In this section:
(a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s.
48.685 (5m), 50.065 (4m), or 111.335 (3) (a), (b), (c), or (e) or (4) (h) or (i).
(b) “Collateral sanction” means a penalty, ineligibility, disability, or disadvantage that is related to employment or to occupational licensing or certification and that is a result of the offender's criminal record.
“Collateral sanction” does not include confinement in a jail or prison;
probation, parole, or extended supervision;
suspension or revocation of motor vehicle operating privileges;
imposition of a forfeiture, fine, or assessment;
costs of prosecution;
or an order to pay restitution.
(c) “Offender” means a person who has been convicted of a crime other than a violent crime, as defined in s.
165.84 (7).
(2) COUNCIL ON OFFENDER EMPLOYMENT.
The director of state courts shall provide forms for use in filing an application for a certificate of qualification for employment and shall convene a council on offender employment that shall review applications for certificates of qualification for employment.
The council shall consist of the following 3 members:
the attorney general, or his or her designee;
the state public - 2020 Legislature - 4 - LRB-1712/1 MLJ:kjf ASSEMBLY BILL 30 S ECTION 4 defender, or his or her designee;
and the chairperson of the parole commission, or his or her designee.
The council shall have the powers, duties, and responsibilities set forth in this section.
(3) E LIGIBILI.
An offender who has been released from confinement may apply for a certificate of qualification for employment under this section if any of the following applies:
(a) He or she has served at least 24 consecutive months of a term of confinement in prison in the Wisconsin state prisons.
(b) He or she has served at least 12 consecutive months of a term of confinement in prison in the Wisconsin state prisons and at least 12 consecutive months of a term of extended supervision under s.
302.113.
(4) P ROCEDURE.
(a) An offender may file an application for a certificate of qualification for employment to the council on offender employment on a form to be provided by the director of state courts along with an application fee of $20 that shall be deposited in the appropriation under s.
20.625 (1) (h).
The council may waive the fee if the offender submits an affidavit along with the application in which he or she swears or affirms that he or she is unable to pay the application fee.
(b) After receiving an application under par.
(a), the council on offender employment shall request from the department of corrections and the department shall provide to the council all of the following information about the offender:
Page 2, line 7:
His or her highest level of education.
delete “(7)" and substitute “(8)".
Page 3, line 2:
Any treatment he or she has completed.
after “the" insert “intentional".
Page 3, line 3:
Any performance evaluations for his or her work.
after “of the employee" insert “, acts of the employee that are outside of the course of the employee's employment, and in any proceeding on a claim against the employer for negligent hiring, retention, training, or supervision of the employee".
Page 3, line 4:
Any risk and needs assessment reports.
delete “maliciously, with gross negligence, or with intent to cause harm." and substitute “maliciously towards the plaintiff or with intentional disregard of the rights of the plaintiff.".
LRB-1712/1 - 2020 Legislature - 5 - MLJ:kjf SECTION 4 ASSEMBLY BILL 30 5.
5.
Any other reports of information gathered during the normal course of business, as requested by the council.
Page 5, line 23:
(c) Within 60 days after receiving the information requested under par.
after that line insert:
(b), the council on offender employment shall issue an order granting or denying the offender's request for a certificate of qualification for employment.
LRBa1174/1 - 2020 Legislature - 2 - MLJ:cjs “(7) ADMISSIBILITY OF A CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT IN A FAIR EMPLOYMENT PROCEEDING.
(5) G RANTING OF CERTIFICATE;
A certificate of qualification for employment issued under sub.
EXCEPTIONThe council on offender employment shall grant an offender's application for a certificate of qualification for employment if the council finds that the offender is not likely to pose a risk to public safety, that the certificate will substantially assist the offender in obtaining employment or occupational licensing or certification, and that the offender is less likely to commit an additional criminal offense if he or she obtains a certificate of qualification for employment.
(4) (c) is not admissible as evidence in a proceeding alleging an act of discrimination on the basis of conviction record under subch.
(6) R EVOCATION OF CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT.(a) If an offender is convicted of a felony or of a Class A or Class B misdemeanor after he or she is issued a certificate of qualification for employment, or if his or her probation, parole, or extended supervision is revoked for the commission of a crime, the court shall permanently revoke a certificate of qualification for employment issued under sub.
II of ch.
(5).
111.”.
(b) The court may not revoke an offender's certificate of qualification for employment as a sanction for the offender's commission of an act or offense that is a violation of a condition of the offender's probation, parole, or extended supervision that is not a crime, or if the offender's probation, parole, or extended supervision is revoked as a result of the offender's commission of a noncriminal act.
6.
(7) D ATA COLLECTION;
Page 5, line 24:
REPORT TO LEGISLATUREThe department of corrections shall prepare an annual report that includes, for each year, the number of - 2020 Legislature - 6 - LRB-1712/1 MLJ:kjf ASSEMBLY BILL 30 SECTION 4 applications that are received under this section, the number of certificates of qualification for employment that are issued, and the number of certificates of qualification for employment that are revoked and the reasons for revocation.
delete “(7)" and substitute “(8)".
The department shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s.
13.172 (2).
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Action History

  1. Published 3-4-2020

  2. Report approved by the Governor on 3-3-2020. 2019 Wisconsin Act 123

  3. Presented to the Governor on 2-28-2020 by directive of the Speaker

  4. Report correctly enrolled on 2-25-2020

  5. Received from Senate concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in, Ayes 33, Noes 0

  8. Rules suspended

  9. Ordered to a third reading

  10. Read a second time

  11. Senator Larson added as a cosponsor

  12. Placed on calendar 2-19-2020 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  14. Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  15. Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  16. Available for scheduling

  17. Read first time and referred to committee on Senate Organization

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 99, Noes 0

  21. Rules suspended

  22. Ordered to a third reading

  23. Assembly Amendment 2 adopted

  24. Assembly Amendment 2 offered by Representative Hutton

  25. Assembly Amendment 1 withdrawn and returned to author

  26. Read a second time

  27. Representative Vining added as a coauthor

  28. Placed on calendar 2-11-2020 by Committee on Rules

  29. Referred to committee on Rules

  30. Report passage as amended recommended by Committee on Corrections, Ayes 9, Noes 0

  31. Report Assembly Amendment 1 adoption recommended by Committee on Corrections, Ayes 9, Noes 0

  32. Executive action taken

  33. Representative Stubbs added as a coauthor

  34. Public hearing held

  35. Assembly Amendment 1 offered by Representative Hutton

  36. Representative Spreitzer added as a coauthor

  37. Fiscal estimate received

  38. Representative Zimmerman added as a coauthor

  39. Read first time and referred to Committee on Corrections

  40. 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

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 116 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (116)

116 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 33 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Republican 8000
Democrat 6000
Total 33000
% of votes cast 100%0%0%0%
How each member voted (33)
Member Party Vote
BERNIER — Yea
JOHNSON — Yea
RISSER — Yea
BEWLEY — Yea
ROTH — Yea
KOOYENGA — Yea
SCHACHTNER — Yea
COWLES — Yea
SHILLING — Yea
CRAIG — Yea
DARLING — Yea
STROEBEL — Yea
ERPENBACH — Yea
MILLER — Yea
OLSEN — Yea
TIFFANY — Yea
HANSEN — Yea
PETROWSKI — Yea
RINGHAND — Yea
Carpenter, Tim Democrat Yea
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Yea
Smith, Jeff Democrat Yea
Taylor, Sequanna Democrat Yea
Wirch, Robert Democrat Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

Official roll call →

PASSAGE

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 37000
Democrat 14000
Unaffiliated 48000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
BALLWEG — Yea
BOWEN — Yea
BRANDTJEN — Yea
BROSTOFF — Yea
CABRERA — Yea
CONSIDINE — Yea
CROWLEY — Yea
EDMING — Yea
FIELDS — Yea
GOYKE — Yea
GRUSZYNSKI — Yea
HEBL — Yea
HINTZ — Yea
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Yea
MILROY — Yea
MYERS — Yea
NYGREN — Yea
OHNSTAD — Yea
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Yea
RAMTHUN — Yea
RIEMER — Yea
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Yea
SCHRAA — Yea
SHANKLAND — Yea
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Yea
ZAMARRIPA — Yea
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Billings, Jill Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hesselbein, Dianne Democrat Yea
McGuire, Tip Democrat Yea
Neubauer, Greta Democrat Yea
Sinicki, Christine Democrat Yea
Spreitzer, Mark Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

Who sponsors AB 30?
AB 30 is sponsored by Hutton, Rob (Republican), Snyder, Patrick (Republican), Fields, Ballweg, Bowen, Goyke, Horlacher, Krug, Scott (Republican), Mursau, Jeffrey (Republican), Myers, Ramthun, Tittl, Paul (Republican), Thiesfeldt, Sortwell, Shae (Republican), Kurtz, Tony (Republican), and Brooks, Robert (Republican).
What is the current status of AB 30?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 30?
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