AB408: Bill Text

AB408,1,12 An Act to renumber and amend 66.0125 (1); to amend 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a), 36.12 (1), 38.04 (13) (b), 38.23 (1), 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1), 66.1201 (2m), 66.1301 (2m), 66.1331 (2m), 86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5., 111.075 (2) (b), 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.70 (2), 111.81 (12) (b), 111.85 (2) (b), 118.20 (1), 138.20 (1), 194.025, 224.77 (1) (o), 230.01 (2), 230.18, 234.29, 452.14 (3) (n) and 632.35; to repeal and recreate 36.09 (1) (e); and to create 66.0125 (1) (b), 106.50 (1m) (o)), 106.52 (1) (dm) and 111.32 (12g) of the statutes; relating to: prohibiting discrimination in housing, public education, the equal enjoyment of public places of accommodation, and the granting of credit based on military status.

Analysis by the Legislative Reference Bureau

Current law prohibits discrimination in employment based on membership in the national guard, state defense force, or any reserve component of the military forces of the United States or of this state (military status). This bill prohibits discrimination in housing, in public education, in the equal enjoyment of a public place of accommodation, and in the granting of credit based on military status.

For further information see the state and local 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:

AB408, s. 1 Section 1. 16.765 (1) of the statutes is amended to read:

AB408,2,10 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), military status, as defined in s. 111.32 (12g), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB408, s. 2 Section 2. 16.765 (2) of the statutes is amended to read:

AB408,3,8 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, military status, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion , or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB408, s. 3 Section 3. 36.09 (1) (e) of the statutes is amended to read:

AB408,3,23 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer;, with the advice of the land information board; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff and other employees and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), the duties, and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, military status, as defined in s. 111.32 (12g), or sex shall ever be allowed or exercised in the appointment of the employees of the system.

AB408, s. 4 Section 4. 36.09 (1) (e) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB408,4,13 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer, and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff and other employees and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), the duties, and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, military status, as defined in s. 111.32 (12g), or sex shall ever be allowed or exercised in the appointment of the employees of the system.

AB408, s. 5 Section 5. 36.11 (3) (a) of the statutes is amended to read:

AB408,4,20 36.11 (3) (a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens, military status, as defined in s. 111.32 (12g), or sex shall ever be allowed in the admission of students thereto to an institution of the system.

AB408, s. 6 Section 6. 36.12 (1) of the statutes is amended to read:

AB408,5,2 36.12 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, military status, as defined in s. 111.32 (12g), or parental status.

AB408, s. 7 Section 7. 38.04 (13) (b) of the statutes is amended to read:

AB408,5,8 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion, military status, as defined in s. 111.32 (12g), or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.

AB408, s. 8 Section 8. 38.23 (1) of the statutes is amended to read:

AB408,5,14 38.23 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the board or any district because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, military status, as defined in s. 111.32 (12g), or parental status.

AB408, s. 9 Section 9. 66.0125 (1) of the statutes is renumbered 66.0125 (1) (intro.) and amended to read:

AB408,5,18 66.0125 (1) Definition Definitions. (intro.) In this section, "local governmental unit":

AB408,5,20 (a) "Local governmental unit" means a city, village, town, school district, or county.

AB408, s. 10 Section 10. 66.0125 (1) (b) of the statutes is created to read:

AB408,5,22 66.0125 (1) (b) "Military status" has the meaning given in s. 111.32 (12g).

AB408, s. 11 Section 11. 66.0125 (3) (a) of the statutes is amended to read:

AB408,6,6 66.0125 (3) (a) The purpose of the commission is to study, analyze, and recommend solutions for the major social, economic, and cultural problems which that affect people residing or working within the local governmental unit including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health, and zoning standards, and discrimination in housing, employment, and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation, military status, or ethnic or minority status.

AB408, s. 12 Section 12. 66.0125 (3) (c) 1. b. of the statutes is amended to read:

AB408,6,11 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit, regardless of sex, race, sexual orientation, military status, or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities.

AB408, s. 13 Section 13. 66.0125 (9) of the statutes is amended to read:

AB408,6,17 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation, military status, or color ought not to be made tests in the matter of the right of any person to sell, lease, occupy, or use real estate or to earn a livelihood or to enjoy the equal use of public accommodations and facilities.

AB408, s. 14 Section 14. 66.1011 (1) of the statutes is amended to read:

AB408,7,5 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), military status, as defined in s. 111.32 (12g), lawful source of income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB408, s. 15 Section 15. 66.1201 (2m) of the statutes is amended to read:

AB408,7,11 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 shall not be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 16 Section 16. 66.1301 (2m) of the statutes is amended to read:

AB408,7,16 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 shall not be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 17 Section 17. 66.1331 (2m) of the statutes is amended to read:

AB408,7,21 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section shall not be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 18 Section 18. 86.195 (5) (c) of the statutes is amended to read:

AB408,8,3 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation, and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 19 Section 19. 106.50 (1) of the statutes is amended to read:

AB408,8,18 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences which that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be deemed considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB408, s. 20 Section 20. 106.50 (1m) (h) of the statutes is amended to read:

AB408,8,24 106.50 (1m) (h) "Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry.

AB408, s. 21 Section 21. 106.50 (1m) (nm) of the statutes is amended to read:

AB408,9,5 106.50 (1m) (nm) "Member of a protected class" means a group of natural persons, or a natural person, who may be categorized based on one or more of the following characteristics: sex, race, color, disability, sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry.

AB408, s. 22 Section 22. 106.50 (1m) (o) of the statutes is created to read:

AB408,9,7 106.50 (1m) (o) "Military status" has the meaning given in s. 111.32 (12g).

AB408, s. 23 Section 23. 106.50 (5m) (f) 1. of the statutes is amended to read:

AB408,9,13 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, military status, and marital, financial, and business status but not concerning race, color, physical condition, disability, sexual orientation, ancestry, national origin, religion, creed, or, subject to subd. 2., age.

AB408, s. 24 Section 24. 106.52 (1) (dm) of the statutes is created to read:

AB408,9,15 106.52 (1) (dm) "Military status" has the meaning given in s. 111.32 (12g).

AB408, s. 25 Section 25. 106.52 (3) (a) 1. of the statutes is amended to read:

AB408,9,20 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin, military status, or ancestry.

AB408, s. 26 Section 26. 106.52 (3) (a) 2. of the statutes is amended to read:

AB408,9,25 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin , military status, or ancestry.

AB408, s. 27 Section 27. 106.52 (3) (a) 3. of the statutes is amended to read:

AB408,10,7 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail any written communication which that the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin, military status, or ancestry or that the patronage of a person is unwelcome, objectionable, or unacceptable for any of those reasons.

AB408, s. 28 Section 28. 106.52 (3) (a) 4. of the statutes is amended to read:

AB408,10,11 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin, military status, or ancestry.

AB408, s. 29 Section 29. 106.52 (3) (a) 5. of the statutes is amended to read:

AB408,10,16 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin, military status, or ancestry, regarding the use of any private facilities commonly rented to the public.

AB408, s. 30 Section 30. 111.075 (2) (b) of the statutes is amended to read:

AB408,11,2 111.075 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation , military status, as defined in s. 111.32 (12g), or creed to receive as a member any employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby by the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB408, s. 31 Section 31. 111.31 (1) of the statutes is amended to read:

AB408,11,19 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB408, s. 32 Section 32. 111.31 (2) of the statutes is amended to read:

AB408,12,8 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the employee's or applicant's individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

AB408, s. 33 Section 33. 111.31 (3) of the statutes is amended to read:

AB408,12,20 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB408, s. 34 Section 34. 111.32 (12g) of the statutes is created to read:

AB408,12,24 111.32 (12g) "Military status" means membership in the national guard, state defense force, or any other reserve component of the military forces of the United States or of this state.

AB408, s. 35 Section 35. 111.321 of the statutes is amended to read:

AB408,13,8 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency , or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours.

AB408, s. 36 Section 36. 111.70 (2) of the statutes is amended to read:

AB408,14,6 111.70 (2) Rights of municipal employees. Municipal employees shall have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall have the right to refrain from any and all such activities except that employees may be required to pay dues in the manner provided in a fair-share agreement. Such fair-share agreement shall be subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must shall be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it the agreement shall be deemed considered terminated. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, military status, as defined in s. 111.32 (12g), or sex to receive as a member any employee of the municipal employer in the bargaining unit involved, and such agreement shall be made subject to this duty of the commission. Any of the parties to such agreement or any municipal employee covered thereby by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB408, s. 37 Section 37. 111.81 (12) (b) of the statutes is amended to read:

AB408,14,10 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation , military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 38 Section 38. 111.85 (2) (b) of the statutes is amended to read:

AB408,14,21 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation , military status, as defined in s. 111.32 (12g), or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered thereby by the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB408, s. 39 Section 39. 118.20 (1) of the statutes is amended to read:

AB408,15,7 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification, as defined in s. 111.36 (2), race, nationality, military status, as defined in s. 111.32 (12g), or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification, as defined in s. 111.36 (2), race, nationality, military status, as defined in s. 111.32 (12g), or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

AB408, s. 40 Section 40. 138.20 (1) of the statutes is amended to read:

AB408,15,19 138.20 (1) Rule. No financial organization, as defined under ss. 71.04 (8) (a) and 71.25 (10) (a), or any other credit granting commercial institution may discriminate in the granting or extension of any form of loan or credit, or of the privilege or capacity to obtain any form of loan or credit, on the basis of the applicant's physical condition, developmental disability, as defined in s. 51.01 (5), sex, military status, as defined in s. 111.32 (12g), or marital status; provided, however, that no such organization or institution shall be required to grant or extend any form of loan or credit to any person who such organization or institution has evidence demonstrating the applicant's lack of legal capacity to contract therefor for a loan or credit or to contract with respect to any mortgage or security interest in collateral related thereto to a loan or credit.

AB408, s. 41 Section 41. 194.025 of the statutes is amended to read: