AB741: Bill Text

LRB-3164/1

RPN&GMM:skg:jlb

1995 - 1996 LEGISLATURE

REVISED

1995 Assembly BILL 741

December 12, 1995 - Introduced by Representatives Kelso, Grothman, Zukowski, Underheim, Kaufert, Schneiders, Nass, Plache, Olsen, Silbaugh, Powers, and Ladwig , cosponsored by Senators Huelsman and Darling. Referred to Committee on Labor and Employment.

AB741,2,2 An Act to repeal 111.32 (1), 111.32 (3) and 111.335; to amend 38.51 (8) (c) 7., 62.13 (4) (d), 62.50 (5), 63.25 (1) (a), 66.053 (1) (b), 98.145 (3), 98.146 (2), 102.17 (1) (c), 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 121.555 (2) (c) 5., 125.04 (5) (a) 1., 125.04 (5) (b), 137.01 (1) (b), 139.34 (1) (c) (intro.), 139.37 (1) (c) (intro.), 146.50 (6) (a) 1., 343.12 (2) (d), 343.12 (2) (e), 343.64 (3), 343.65 (2), 343.66 (2), 343.66 (5), 343.67 (2), 349.25 (2), 440.26 (2) (c), 440.26 (5), 440.26 (6), 440.92 (1) (b) 3., 440.93 (1) (d), 441.04, 441.10 (1), 442.04 (5), 443.06 (1) (a), 443.09 (2), 443.11 (1) (f), 443.13, 445.045 (1) (b), 445.095 (1) (a), 446.03 (3), 447.07 (3) (e), 448.04 (1) (b) 2., 448.05 (1) (a), 448.53 (1) (c), 448.57 (2) (b), 448.90 (2) (b), 449.05 (1) (b), 449.07 (1) (d), 451.04 (2) (c), 451.14 (2) (c), 454.06 (1) (b), 454.15 (2) (d), 455.04 (1) (b), 455.04 (4) (b), 455.09 (1) (a), 456.04 (2), 457.26 (2) (b), 458.06 (2) (c), 458.08 (2) (c), 458.26 (3) (d), 459.06 (1), 459.24 (2) (c), 459.24 (3) (c), 459.34 (2) (c), 459.46 (2) (c), 459.46 (5) (b) 3., 480.08 (2) (c), 480.08 (3) (c), 480.24 (2) (c), 551.34 (1) (c), 563.14 (2), 563.27 (1), 563.27 (2), 563.51 (29) (b) and 569.04 (2); and to repeal and recreate 146.50 (6) (a) 1. of the statutes; relating to: arrest and conviction record discrimination.

Analysis by the Legislative Reference Bureau

Subject to certain exceptions, current law prohibits discrimination in employment, licensing and labor organization membership based on arrest record or conviction record. Those exceptions include the refusal to employ or to license an individual who is subject to a pending criminal charge or who has been convicted of an offense if that charge or offense is substantially related to that particular job or licensed activity, and the refusal to employ or to license an individual who is not bondable because of conviction record if bondability is required by law or established business practice for that job or licensed activity. Under current law, the state may refuse to license an individual, or may suspend, limit or revoke an individual's license, to practice numerous occupations based on arrest record or conviction record, but any refusal to license or any suspension, limitation or revocation of a license is subject to the prohibition against discrimination based on arrest record or conviction record and the exceptions to that prohibition. Occupations in which arrest record or conviction record may be considered include police officer, fire fighter, milk tester, notary public, nurse, certified public accountant, architect, engineer, surveyor, funeral director, doctor, dentist, chiropractor, physical therapist, dietician, optometrist, acupuncturist, psychologist, nursing home administrator, social worker, marriage and family therapist, professional counselor, real estate appraiser, barber, audiologist, auctioneer, securities broker, private detective, security guard, school bus driver, driving instructor, seller of alcohol beverages or cigarettes, and bingo supplier, operator or caller.

This bill eliminates arrest record and conviction record as prohibited bases of discrimination for employment, licensing or labor organization membership.

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:

AB741, s. 1 Section 1. 38.51 (8) (c) 7. of the statutes is amended to read:

AB741,2,5 38.51 (8) (c) 7. Subject to ss. 111.321, 111.322 and 111.335, the The applicant has an arrest or conviction record.

AB741, s. 2 Section 2. 62.13 (4) (d) of the statutes is amended to read:

AB741,3,11 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7).

AB741, s. 3 Section 3. 62.50 (5) of the statutes is amended to read:

AB741,3,22 62.50 (5) Examinations. The examinations which the rules and regulations provide for shall be public and free to all U.S. citizens with proper limitations as to residence, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examinations shall be practical in their character and shall relate to those matters which fairly test the relative capacity of the candidates to discharge the duties of the positions in which they seek employment or to which they seek to be appointed and may include tests of manual skill and physical strength. The board shall control all examinations and may designate suitable persons, either in the official service of the city or not, to conduct such examinations and may change such examiners at any time, as seems best.

AB741, s. 4 Section 4. 63.25 (1) (a) of the statutes is amended to read:

AB741,4,3 63.25 (1) (a) For open, competitive examinations and for other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all persons with proper limitations as to residence, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record.

AB741, s. 5 Section 5. 66.053 (1) (b) of the statutes is amended to read:

AB741,4,9 66.053 (1) (b) No license or permit may be granted to any person, unless to a domestic corporation or domestic limited liability company, not a resident of this state and of the town, village or city in which the license is applied for, nor, subject to ss. 111.321, 111.322 and 111.335, to any person who has been convicted of a felony, unless the person has been restored to civil rights.

AB741, s. 6 Section 6. 98.145 (3) of the statutes is amended to read:

AB741,4,20 98.145 (3) To qualify for a milk and cream tester's license the applicant shall not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall furnish 2 references who have known the applicant for at least one year and shall give proof of ability to perform the necessary duties to the satisfaction of the department by satisfactorily passing a written examination pertaining to milk and cream sampling and care of samples and use of the Babcock test or other test method approved by the department; and by actual demonstration in the laboratory of his or her ability to determine accurately the milk fat content of milk and cream including special emphasis on the handling and testing of composite samples of milk and cream.

AB741, s. 7 Section 7. 98.146 (2) of the statutes is amended to read:

AB741,5,8 98.146 (2) Each application for a license under this section or license renewal shall be made on forms provided by the department and shall be accompanied by the license fee required under sub. (4). The license shall expire biennially on September 30 of the 2nd year commencing after the date of issuance or renewal. The applicant shall not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and shall give proof of ability to engage in such weighing and sampling to the satisfaction of the department by satisfactorily passing a written examination pertaining to such activities. If the department conducts a reinspection of any measurement by a person licensed under this subsection due to any violation of any federal or state law which the department determines in a regularly scheduled inspection of that measurement, the department shall charge the holder of that license the reinspection fee required under sub. (4) for that reinspection.

AB741, s. 8 Section 8. 102.17 (1) (c) of the statutes is amended to read:

AB741,6,5 102.17 (1) (c) Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm or corporation other than an attorney at law, duly licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employe of the department assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the department a license with authorization to appear in matters or proceedings before the department. The license shall be issued by the department under rules to be adopted by the department. There shall be maintained in the office of the department a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct on the part of an agent. Before suspending or revoking the license of the agent, the department shall give notice in writing to the agent of the charges of fraud or misconduct, and shall give the agent full opportunity to be heard in relation to the same. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance thereof.

AB741, s. 9 Section 9. 111.31 (1) of the statutes is amended to read:

AB741,6,22 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, handicap, 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 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, handicap, 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 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.

AB741, s. 10 Section 10. 111.31 (2) of the statutes is amended to read:

AB741,7,11 111.31 (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, handicap, 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 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 employe or applicant for employment based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.

AB741, s. 11 Section 11. 111.31 (3) of the statutes is amended to read:

AB741,7,22 111.31 (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, handicap, 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 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.

AB741, s. 12 Section 12. 111.32 (1) of the statutes is repealed.

AB741, s. 13 Section 13. 111.32 (3) of the statutes is repealed.

AB741, s. 14 Section 14. 111.321 of the statutes is amended to read:

AB741,8,8 111.321 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, handicap, 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 or use or nonuse of lawful products off the employer's premises during nonworking hours.

AB741, s. 15 Section 15. 111.335 of the statutes is repealed.

AB741, s. 16 Section 16. 121.555 (2) (c) 5. of the statutes is amended to read:

AB741,9,3 121.555 (2) (c) 5. Notwithstanding ss. 111.321, 111.322 and 111.335, may May not be a person convicted within a 2-year period of reckless driving under s. 346.62 or a local ordinance in conformity with s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under s. 343.44 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under s. 343.31 (1) or (2), or 2 or more offenses under s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are defined in s. 340.01 (9r) and (41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under s. 343.307 (2) (a) to (g), or a person convicted within a 5-year period of violating s. 940.09 (1) or 940.25. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.

AB741, s. 17 Section 17. 125.04 (5) (a) 1. of the statutes is amended to read:

AB741,9,6 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335.

AB741, s. 18 Section 18. 125.04 (5) (b) of the statutes is amended to read:

AB741,9,11 125.04 (5) (b) Criminal offenders. No license or permit related to alcohol beverages may, subject to ss. 111.321, 111.322 and 111.335, be issued under this chapter to any person who has habitually been a law offender or has been convicted of a felony unless the person has been duly pardoned.

AB741, s. 19 Section 19. 137.01 (1) (b) of the statutes is amended to read:

AB741,9,16 137.01 (1) (b) The secretary of state shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB741, s. 20 Section 20. 139.34 (1) (c) (intro.) of the statutes is amended to read:

AB741,9,19 139.34 (1) (c) (intro.) Subject to ss. 111.321, and 111.322 and 111.335, no permit under this section may be granted to any person to whom any of the following applies:

AB741, s. 21 Section 21. 139.37 (1) (c) (intro.) of the statutes is amended to read:

AB741,9,22 139.37 (1) (c) (intro.) Subject to ss. 111.321, and 111.322 and 111.335, no permit under this section may be granted to any person who:

AB741, s. 22 Section 22. 146.50 (6) (a) 1. of the statutes is amended to read:

AB741,9,25 146.50 (6) (a) 1. Be 18 years of age or older; be capable of performing the actions authorized under sub. (6m) for an emergency medical technician — basic, an emergency medical technician — intermediate or an emergency medical technician — paramedic, for which licensure is sought; and, subject to ss. 111.321, 111.322 and 111.335, not have an arrest or conviction record.

AB741, s. 23 Section 23. 146.50 (6) (a) 1. of the statutes, as affected by 1993 Wisconsin Act 251 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB741,10,10 146.50 (6) (a) 1. Be 18 years of age or older; be capable of performing the actions authorized in rules promulgated under sub. (13) (c) for an emergency medical technician — basic, an emergency medical technician — intermediate or an emergency medical technician — paramedic, for which licensure is sought; and not have an arrest or conviction record.

AB741, s. 24 Section 24. 343.12 (2) (d) of the statutes is amended to read:

AB741,11,3 343.12 (2) (d) Notwithstanding ss. 111.321, 111.322 and 111.335, has Has not been convicted of reckless driving under s. 346.62 or a local ordinance in conformity with s. 346.62 (2) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.62 (2), operating a motor vehicle while operating privileges are suspended or revoked under s. 343.44 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.44 (1) with respect to operation of a motor vehicle while operating privileges are suspended or revoked, any of the offenses enumerated under s. 343.31 (1) or (2), or 2 or more offenses under s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are defined in s. 340.01 (9r) and (41m), respectively, prohibiting reckless or careless driving, as those or substantially similar terms are used in that jurisdiction's laws, or a conviction, suspension or revocation that would be counted under s. 343.307 (2), within the 2-year period immediately preceding the date of application. Upon request of the operator or school, the department shall certify whether the operator meets this requirement.

AB741, s. 25 Section 25. 343.12 (2) (e) of the statutes is amended to read:

AB741,11,10 343.12 (2) (e) Subject to ss. 111.321, 111.322 and 111.335, has Has not been convicted of a felony or offense against public morals in this state, including a conviction under the law of a federally recognized American Indian tribe or band in this state for an offense which, if the person had been convicted of the offense under the laws of this state, would have constituted a felony or offense against public morals, or in another jurisdiction, within the past 5 years.

AB741, s. 26 Section 26. 343.64 (3) of the statutes is amended to read:

AB741,11,14 343.64 (3) Subject to ss. 111.321, 111.322 and 111.335, the The applicant or any officer, director, stockholder, partner or any person directly interested in the business has been convicted of a felony, unless the person so convicted has been duly pardoned;

AB741, s. 27 Section 27. 343.65 (2) of the statutes is amended to read:

AB741,11,20 343.65 (2) The applicant has failed to furnish satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, has not had a driving record satisfactory to the secretary, or, subject to ss. 111.321, 111.322 and 111.335, has been convicted of a felony and has not been duly pardoned.

AB741, s. 28 Section 28. 343.66 (2) of the statutes is amended to read:

AB741,11,23 343.66 (2) Subject to ss. 111.321, 111.322 and 111.335, the The licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;

AB741, s. 29 Section 29. 343.66 (5) of the statutes is amended to read: