LRB-3481/1
GMM:jlg:km
1999 - 2000 LEGISLATURE
September 7, 1999 - Introduced by Representatives Petrowski, Kelso, Walker,
Jensen, Ainsworth, Albers, Duff, Freese, Grothman, Hahn, Handrick,
Huebsch, Hundertmark, Jeskewitz, Kestell, Kreibich, F. Lasee,
Montgomery, Musser, Nass, Ott, Owens, Pettis, Plouff, Skindrud, Stone,
Suder, Underheim, Urban, Vrakas, Ward, Gunderson, Ryba and Hoven,
cosponsored by Senators Shibilski, Darling, Huelsman and Rosenzweig.
Referred to Committee on Education.
AB446,1,3
1An Act to create 111.335 (1) (d) of the statutes;
relating to: permitting an
2educational agency to refuse to employ or to terminate from employment an
3unpardoned felon.
Analysis by the Legislative Reference Bureau
Current law, subject to certain exceptions, prohibits discrimination in
employment based on conviction record. Current law specifies, however, that it is not
employment discrimination because of conviction record to refuse to employ or to
terminate from employment any individual who has been convicted of any felony,
misdemeanor or other offense, the circumstances of which substantially relate to the
circumstances of the particular job. This bill specifies that it is not employment
discrimination because of conviction record for an educational agency to refuse to
employ or to terminate from employment any individual who has been convicted of
a felony and who has not been pardoned for that felony, whether or not the
circumstances of the felony substantially relate to the circumstances of the
particular job.
Under the bill, an "educational agency" is defined as a school district, a
cooperative educational service agency, a state correctional institution, a juvenile
secured correctional facility, a secured child caring institution, the Wisconsin School
for the Visually Handicapped, the Wisconsin School for the Deaf, the Mendota
Mental Health Institute, the Winnebago Mental Health Institute, a state center for
the developmentally disabled, a private school or an agency under contract with a
school board to provide a program for children at risk.
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:
AB446, s. 1
1Section
1. 111.335 (1) (d) of the statutes is created to read:
AB446,2,52
111.335
(1) (d) Notwithstanding s. 111.322, it is not employment discrimination
3because of conviction record for an educational agency, as defined in s. 115.31 (1) (b),
4to refuse to employ or to terminate from employment an individual who has been
5convicted of a felony and who has not been pardoned for that felony.
