LRB-2483/1
GMM:jld:cph
2003 - 2004 LEGISLATURE
June 12, 2003 - Introduced by Representatives Musser, Bies, Boyle, Pettis,
Schneider, Kreibich, Gronemus, Suder, Travis, McCormick, Freese,
Gunderson, Morris, Turner, Kestell, Hines, Vrakas, Krawczyk, Nass, J.
Fitzgerald, Albers, Ainsworth, Jensen, Owens, J. Lehman, Black, Ladwig

and Ott, cosponsored by Senators S. Fitzgerald, Schultz, Hansen, Wirch,
Roessler
and Carpenter. Referred to Committee on Government Operations
and Spending Limitations.
AB408,1,12 1An Act to renumber and amend 66.0125 (1); to amend 16.765 (1), 16.765 (2),
236.09 (1) (e), 36.11 (3) (a), 36.12 (1), 38.04 (13) (b), 38.23 (1), 66.0125 (3) (a),
366.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1), 66.1201 (2m), 66.1301 (2m),
466.1331 (2m), 86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm),
5106.50 (5m) (f) 1., 106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3)
6(a) 4., 106.52 (3) (a) 5., 111.075 (2) (b), 111.31 (1), 111.31 (2), 111.31 (3), 111.321,
7111.70 (2), 111.81 (12) (b), 111.85 (2) (b), 118.20 (1), 138.20 (1), 194.025, 224.77
8(1) (o), 230.01 (2), 230.18, 234.29, 452.14 (3) (n) and 632.35; to repeal and
9recreate
36.09 (1) (e); and to create 66.0125 (1) (b), 106.50 (1m) (o)), 106.52 (1)
10(dm) and 111.32 (12g) of the statutes; relating to: prohibiting discrimination
11in housing, public education, the equal enjoyment of public places of
12accommodation, 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 1Section 1. 16.765 (1) of the statutes is amended to read:
AB408,2,102 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
3Clinics Authority, the Fox River Navigational System Authority, and the Bradley
4Center Sports and Entertainment Corporation shall include in all contracts executed
5by them a provision obligating the contractor not to discriminate against any
6employee or applicant for employment because of age, race, religion, color, handicap,
7sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual
8orientation, as defined in s. 111.32 (13m), military status, as defined in s. 111.32
9(12g),
or national origin and, except with respect to sexual orientation, obligating the
10contractor to take affirmative action to ensure equal employment opportunities.
AB408, s. 2 11Section 2. 16.765 (2) of the statutes is amended to read:
AB408,3,812 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, and the Bradley
14Center Sports and Entertainment Corporation shall include the following provision
15in every contract executed by them: "In connection with the performance of work
16under this contract, the contractor agrees not to discriminate against any employee
17or applicant for employment because of age, race, religion, color, handicap, sex,
18physical condition, developmental disability, as defined in s. 51.01 (5), sexual
19orientation, military status, or national origin. This provision shall include, but not

1be limited to, the following:
employment, upgrading, demotion , or transfer;
2recruitment or recruitment advertising; layoff or termination; rates of pay or other
3forms of compensation; and selection for training, including apprenticeship. Except
4with respect to sexual orientation, the contractor further agrees to take affirmative
5action to ensure equal employment opportunities. The contractor agrees to post in
6conspicuous places, available for employees and applicants for employment, notices
7to be provided by the contracting officer setting forth the provisions of the
8nondiscrimination clause".
AB408, s. 3 9Section 3. 36.09 (1) (e) of the statutes is amended to read:
AB408,3,2310 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for
11each institution; a dean for each college campus; the state geologist; the director of
12the laboratory of hygiene; the director of the psychiatric institute; the state
13cartographer;, with the advice of the land information board; and the requisite
14number of officers, other than the vice presidents, associate vice presidents, and
15assistant vice presidents of the system; faculty; academic staff and other employees
16and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and
17230.12 (3) (e), the duties, and the term of office for each. The board shall fix the
18salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3)
19(e), and the duties for each chancellor, vice president, associate vice president, and
20assistant vice president of the system. No sectarian or partisan tests or any tests
21based upon race, religion, national origin, military status, as defined in s. 111.32
22(12g),
or sex shall ever be allowed or exercised in the appointment of the employees
23of the system.
AB408, s. 4 24Section 4. 36.09 (1) (e) of the statutes, as affected by 2003 Wisconsin Act ....
25(this act), is repealed and recreated to read:
AB408,4,13
136.09 (1) (e) The board shall appoint a president of the system; a chancellor for
2each institution; a dean for each college campus; the state geologist; the director of
3the laboratory of hygiene; the director of the psychiatric institute; the state
4cartographer, and the requisite number of officers, other than the vice presidents,
5associate vice presidents, and assistant vice presidents of the system; faculty;
6academic staff and other employees and fix the salaries, subject to the limitations
7under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), the duties, and the term of office
8for each. The board shall fix the salaries, subject to the limitations under par. (j) and
9ss. 20.923 (4g) and 230.12 (3) (e), and the duties for each chancellor, vice president,
10associate vice president, and assistant vice president of the system. No sectarian or
11partisan tests or any tests based upon race, religion, national origin, military status,
12as defined in s. 111.32 (12g), or sex shall ever be allowed or exercised in the
13appointment of the employees of the system.
AB408, s. 5 14Section 5. 36.11 (3) (a) of the statutes is amended to read:
AB408,4,2015 36.11 (3) (a) The board shall establish the policies for admission within the
16system and within these policies each institution shall establish specific
17requirements for admission to its courses of instruction. No sectarian or partisan
18tests or any tests based upon race, religion, national origin of U.S. citizens, military
19status, as defined in s. 111.32 (12g),
or sex shall ever be allowed in the admission of
20students thereto to an institution of the system.
AB408, s. 6 21Section 6. 36.12 (1) of the statutes is amended to read:
AB408,5,222 36.12 (1) No student may be denied admission to, participation in, or the
23benefits of, or be discriminated against in, any service, program, course, or facility
24of the system or its institutions because of the student's race, color, creed, religion,

1sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital
2status, military status, as defined in s. 111.32 (12g), or parental status.
AB408, s. 7 3Section 7. 38.04 (13) (b) of the statutes is amended to read:
AB408,5,84 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion,
5military status, as defined in s. 111.32 (12g),
or national origin, be excluded from
6participating in, be denied the benefits of, or be subjected to discrimination under
7any program or activity funded in whole or in part with funds made available under
8this subsection.
AB408, s. 8 9Section 8. 38.23 (1) of the statutes is amended to read:
AB408,5,1410 38.23 (1) No student may be denied admission to, participation in, or the
11benefits of, or be discriminated against in, any service, program, course, or facility
12of the board or any district because of the student's race, color, creed, religion, sex,
13national origin, disability, ancestry, age, sexual orientation, pregnancy, marital
14status, military status, as defined in s. 111.32 (12g), or parental status.
AB408, s. 9 15Section 9. 66.0125 (1) of the statutes is renumbered 66.0125 (1) (intro.) and
16amended to read:
AB408,5,1817 66.0125 (1) Definition Definitions. (intro.) In this section, "local
18governmental unit"
:
AB408,5,20 19(a) "Local governmental unit" means a city, village, town, school district, or
20county.
AB408, s. 10 21Section 10. 66.0125 (1) (b) of the statutes is created to read:
AB408,5,2222 66.0125 (1) (b) "Military status" has the meaning given in s. 111.32 (12g).
AB408, s. 11 23Section 11. 66.0125 (3) (a) of the statutes is amended to read:
AB408,6,624 66.0125 (3) (a) The purpose of the commission is to study, analyze, and
25recommend solutions for the major social, economic, and cultural problems which

1that affect people residing or working within the local governmental unit including,
2without restriction because of enumeration,
problems of the family, youth,
3education, the aging, juvenile delinquency, health, and zoning standards, and
4discrimination in housing, employment, and public accommodations and facilities on
5the basis of sex, class, race, religion, sexual orientation, military status, or ethnic or
6minority status.
AB408, s. 12 7Section 12. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
AB408,6,118 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit,
9regardless of sex, race, sexual orientation, military status, or color, the rights to
10possess equal housing accommodations and to enjoy equal employment
11opportunities.
AB408, s. 13 12Section 13. 66.0125 (9) of the statutes is amended to read:
AB408,6,1713 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly
14relations among all the people in this state, and to that end race, creed, sexual
15orientation, military status, or color ought not to be made tests in the matter of the
16right of any person to sell, lease, occupy, or use real estate or to earn a livelihood or
17to enjoy the equal use of public accommodations and facilities.
AB408, s. 14 18Section 14. 66.1011 (1) of the statutes is amended to read:
AB408,7,519 66.1011 (1) Declaration of policy. The right of all persons to have equal
20opportunities for housing regardless of their sex, race, color, physical condition,
21disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32
22(13m), religion, national origin, marital status, family status, as defined in s. 106.50
23(1m) (k), military status, as defined in s. 111.32 (12g), lawful source of income, age,
24or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and
25also of local interest under this section and s. 66.0125. The enactment of ss. 101.132

1and 106.50 by the legislature does not preempt the subject matter of equal
2opportunities in housing from consideration by political subdivisions, and does not
3exempt political subdivisions from their duty, nor deprive them of their right, to enact
4ordinances which that prohibit discrimination in any type of housing solely on the
5basis of an individual being a member of a protected class.
AB408, s. 15 6Section 15. 66.1201 (2m) of the statutes is amended to read:
AB408,7,117 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
8facility, or privilege under ss. 66.1201 to 66.1211 shall not be denied them in any
9manner for any purpose nor be discriminated against because of sex, race, color,
10creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national
11origin.
AB408, s. 16 12Section 16. 66.1301 (2m) of the statutes is amended to read:
AB408,7,1613 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
14or privilege under ss. 66.1301 to 66.1329 shall not be denied them in any manner for
15any purpose nor be discriminated against because of sex, race, color, creed, sexual
16orientation, military status, as defined in s. 111.32 (12g), or national origin.
AB408, s. 17 17Section 17. 66.1331 (2m) of the statutes is amended to read:
AB408,7,2118 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
19facility, or privilege under this section shall not be denied them in any manner for
20any purpose nor be discriminated against because of sex, race, color, creed, sexual
21orientation, military status, as defined in s. 111.32 (12g), or national origin.
AB408, s. 18 22Section 18. 86.195 (5) (c) of the statutes is amended to read:
AB408,8,323 86.195 (5) (c) Conformity with discrimination laws. Each business identified
24as a motorist service on a specific information sign shall, as a condition of eligibility
25for erection, installation, and maintenance of a sign under this section, give written

1assurance to the department that the business conforms with all applicable laws
2concerning the provisions of public accommodations without regard to race, religion,
3color, sex, military status, as defined in s. 111.32 (12g), or national origin.
AB408, s. 19 4Section 19. 106.50 (1) of the statutes is amended to read:
AB408,8,185 106.50 (1) Intent. It is the intent of this section to render unlawful
6discrimination in housing. It is the declared policy of this state that all persons shall
7have an equal opportunity for housing regardless of sex, race, color, sexual
8orientation, disability, religion, national origin, marital status, family status,
9military status, lawful source of income, age, or ancestry and it is the duty of the
10political subdivisions to assist in the orderly prevention or removal of all
11discrimination in housing through the powers granted under ss. 66.0125 and
1266.1011. The legislature hereby extends the state law governing equal housing
13opportunities to cover single-family residences which that are owner-occupied. The
14legislature finds that the sale and rental of single-family residences constitute a
15significant portion of the housing business in this state and should be regulated.
16This section shall be deemed considered an exercise of the police powers of the state
17for the protection of the welfare, health, peace, dignity, and human rights of the
18people of this state.
AB408, s. 20 19Section 20. 106.50 (1m) (h) of the statutes is amended to read:
AB408,8,2420 106.50 (1m) (h) "Discriminate" means to segregate, separate, exclude, or treat
21a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
22because of sex, race, color, sexual orientation, disability, religion, national origin,
23marital status, family status, military status, lawful source of income, age, or
24ancestry.
AB408, s. 21 25Section 21. 106.50 (1m) (nm) of the statutes is amended to read:
AB408,9,5
1106.50 (1m) (nm) "Member of a protected class" means a group of natural
2persons, or a natural person, who may be categorized based on one or more of the
3following characteristics: sex, race, color, disability, sexual orientation as defined in
4s. 111.32 (13m)
, religion, national origin, marital status, family status, military
5status,
lawful source of income, age, or ancestry.
AB408, s. 22 6Section 22. 106.50 (1m) (o) of the statutes is created to read:
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