State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 7

App. 0122

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

STATE OF TEXAS, et al.,
Plaintiffs,

Case No. 1:14-cv-00254

v.

UNITED STATES OF AMERICA, et al.,
Defendants.

DECLARATION OF MICHAEL BERNDT

I, Michael Berndt, have personal knowledge of the following facts and
declare:
1. I am the Chief Legal Counsel for the Wisconsin Department of Safety
and Professional Services. I provide legal representation to the
Department and provide legal advice to the Department on legal issues,
including licensure eligibility.
2. The Wisconsin Department of Safety and Professional Services is an
agency of the State of Wisconsin. The Department protects the citizens
of Wisconsin by the ensuring safe and competent practice of licensed
professionals and safe and sanitary conditions in public and private
buildings. The Department and the attached professional licensing

App. 0123

boards credential and regulate more than 200 different types of
credentials. The total number of active professional and trades
credentials issued by the Department is nearly 400,000 with
approximately 70,000 new applications received every two years.
3. Applicants for professional credentials must certify that they are
lawfully present in the United States as determined under federal law.
If an applicant is not lawfully present in the United States, then they

are not eligible for a professional credential.
4. If the federal government determines an individual is lawfully present
in the United States, then the person is lawfully present for purposes of
the Department of Safety and Professional Services and may be issued
a professional license. The Executive Order expanding deferred action
makes individuals covered by the Executive Order lawfully present in
the United States and therefore eligible for a professional license issued
by the Department.
5. The standard new application fee for a professional credential 1s
$75.00. This is the approximate amount it costs the Department to
process a new application and is the approximate amount the
Department will bear for each applicant made lawfully present by the
Executive Order who submits an application for a professional
credential.
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App. 0124

I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 23, 2014.

l~)

Michael Berndt, Chief Legal Counsel
Department of Safety and Professional Services

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App. 0125