LRB-3164/1
RPN&GMM:skg:jlb
1995 - 1996 LEGISLATURE
REVISED
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
1An Act to repeal 111.32 (1), 111.32 (3) and 111.335;
to amend 38.51 (8) (c) 7.,
262.13 (4) (d), 62.50 (5), 63.25 (1) (a), 66.053 (1) (b), 98.145 (3), 98.146 (2), 102.17
3(1) (c), 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 121.555 (2) (c) 5., 125.04 (5) (a)
41., 125.04 (5) (b), 137.01 (1) (b), 139.34 (1) (c) (intro.), 139.37 (1) (c) (intro.),
5146.50 (6) (a) 1., 343.12 (2) (d), 343.12 (2) (e), 343.64 (3), 343.65 (2), 343.66 (2),
6343.66 (5), 343.67 (2), 349.25 (2), 440.26 (2) (c), 440.26 (5), 440.26 (6), 440.92 (1)
7(b) 3., 440.93 (1) (d), 441.04, 441.10 (1), 442.04 (5), 443.06 (1) (a), 443.09 (2),
8443.11 (1) (f), 443.13, 445.045 (1) (b), 445.095 (1) (a), 446.03 (3), 447.07 (3) (e),
9448.04 (1) (b) 2., 448.05 (1) (a), 448.53 (1) (c), 448.57 (2) (b), 448.90 (2) (b), 449.05
10(1) (b), 449.07 (1) (d), 451.04 (2) (c), 451.14 (2) (c), 454.06 (1) (b), 454.15 (2) (d),
11455.04 (1) (b), 455.04 (4) (b), 455.09 (1) (a), 456.04 (2), 457.26 (2) (b), 458.06 (2)
12(c), 458.08 (2) (c), 458.26 (3) (d), 459.06 (1), 459.24 (2) (c), 459.24 (3) (c), 459.34
13(2) (c), 459.46 (2) (c), 459.46 (5) (b) 3., 480.08 (2) (c), 480.08 (3) (c), 480.24 (2) (c),
14551.34 (1) (c), 563.14 (2), 563.27 (1), 563.27 (2), 563.51 (29) (b) and 569.04 (2);
1and
to repeal and recreate 146.50 (6) (a) 1. of the statutes;
relating to: arrest
2and 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
3Section
1. 38.51 (8) (c) 7. of the statutes is amended to read:
AB741,2,54
38.51
(8) (c) 7.
Subject to ss. 111.321, 111.322 and 111.335, the The applicant
5has an arrest or conviction record.
AB741, s. 2
6Section
2. 62.13 (4) (d) of the statutes is amended to read:
AB741,3,11
162.13
(4) (d) The examination shall be free for all U.S. citizens over 18 and
2under 55 years of age, with proper limitations as to residence, health and
, subject to 3ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examination,
4including minimum training and experience requirements, shall be job-related in
5compliance with appropriate validation standards and shall be subject to the
6approval of the board and may include tests of manual skill and physical strength.
7All relevant experience, whether paid or unpaid, shall satisfy experience
8requirements. The board shall control examinations and may designate and change
9examiners, who may or may not be otherwise in the official service of the city, and
10whose compensation shall be fixed by the board and paid by the city. Veterans and
11their spouses shall be given preference points in accordance with s. 230.16 (7).
AB741, s. 3
12Section
3. 62.50 (5) of the statutes is amended to read:
AB741,3,2213
62.50
(5) Examinations. The examinations which the rules and regulations
14provide for shall be public and free to all U.S. citizens with proper limitations as to
15residence, age, health and
, subject to ss. 111.321, 111.322 and 111.335, arrest and
16conviction record. The examinations shall be practical in their character and shall
17relate to those matters which fairly test the relative capacity of the candidates to
18discharge the duties of the positions in which they seek employment or to which they
19seek to be appointed and may include tests of manual skill and physical strength.
20The board shall control all examinations and may designate suitable persons, either
21in the official service of the city or not, to conduct such examinations and may change
22such examiners at any time, as seems best.
AB741, s. 4
23Section
4. 63.25 (1) (a) of the statutes is amended to read:
AB741,4,324
63.25
(1) (a) For open, competitive examinations and for other examinations
25by which to test applicants for office or for employment as to their practical fitness
1to discharge the duties of the positions which they desire to fill, which examinations
2shall be public and free to all persons with proper limitations as to residence, age,
3health and
, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record.
AB741, s. 5
4Section
5. 66.053 (1) (b) of the statutes is amended to read:
AB741,4,95
66.053
(1) (b) No license or permit may be granted to any person, unless to a
6domestic corporation or domestic limited liability company, not a resident of this
7state and of the town, village or city in which the license is applied for, nor
, subject
8to ss. 111.321, 111.322 and 111.335, to any person who has been convicted of a felony,
9unless the person has been restored to civil rights.
AB741, s. 6
10Section
6. 98.145 (3) of the statutes is amended to read:
AB741,4,2011
98.145
(3) To qualify for a milk and cream tester's license the applicant shall
12not have an arrest or conviction record,
subject to ss. 111.321, 111.322 and 111.335, 13shall furnish 2 references who have known the applicant for at least one year and
14shall give proof of ability to perform the necessary duties to the satisfaction of the
15department by satisfactorily passing a written examination pertaining to milk and
16cream sampling and care of samples and use of the Babcock test or other test method
17approved by the department; and by actual demonstration in the laboratory of his
18or her ability to determine accurately the milk fat content of milk and cream
19including special emphasis on the handling and testing of composite samples of milk
20and cream.
AB741, s. 7
21Section
7. 98.146 (2) of the statutes is amended to read:
AB741,5,822
98.146
(2) Each application for a license under this section or license renewal
23shall be made on forms provided by the department and shall be accompanied by the
24license fee required under sub. (4). The license shall expire biennially on September
2530 of the 2nd year commencing after the date of issuance or renewal. The applicant
1shall not have an arrest or conviction record
, subject to ss. 111.321, 111.322 and
2111.335, and shall give proof of ability to engage in such weighing and sampling to
3the satisfaction of the department by satisfactorily passing a written examination
4pertaining to such activities. If the department conducts a reinspection of any
5measurement by a person licensed under this subsection due to any violation of any
6federal or state law which the department determines in a regularly scheduled
7inspection of that measurement, the department shall charge the holder of that
8license the reinspection fee required under sub. (4) for that reinspection.
AB741, s. 8
9Section
8. 102.17 (1) (c) of the statutes is amended to read:
AB741,6,510
102.17
(1) (c) Either party shall have the right to be present at any hearing,
11in person or by attorney, or any other agent, and to present such testimony as may
12be pertinent to the controversy before the department. No person, firm or
13corporation other than an attorney at law, duly licensed to practice law in the state,
14may appear on behalf of any party in interest before the department or any member
15or employe of the department assigned to conduct any hearing, investigation or
16inquiry relative to a claim for compensation or benefits under this chapter, unless the
17person is 18 years of age or older, does not have an arrest or conviction record,
subject
18to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the
19department a license with authorization to appear in matters or proceedings before
20the department. The license shall be issued by the department under rules to be
21adopted by the department. There shall be maintained in the office of the
22department a current list of persons to whom licenses have been issued. Any license
23may be suspended or revoked by the department for fraud or serious misconduct on
24the part of an agent. Before suspending or revoking the license of the agent, the
25department shall give notice in writing to the agent of the charges of fraud or
1misconduct, and shall give the agent full opportunity to be heard in relation to the
2same. The license and certificate of authority shall, unless otherwise suspended or
3revoked, be in force from the date of issuance until the June 30 following the date of
4issuance and may be renewed by the department from time to time, but each renewed
5license shall expire on the June 30 following the issuance thereof.
AB741, s. 9
6Section
9. 111.31 (1) of the statutes is amended to read:
AB741,6,227
111.31
(1) The legislature finds that the practice of unfair discrimination in
8employment against properly qualified individuals by reason of their age, race,
9creed, color, handicap, marital status, sex, national origin, ancestry, sexual
10orientation,
arrest record, conviction record, membership in the national guard,
11state defense force or any other reserve component of the military forces of the United
12States or this state or use or nonuse of lawful products off the employer's premises
13during nonworking hours substantially and adversely affects the general welfare of
14the state. Employers, labor organizations, employment agencies and licensing
15agencies that deny employment opportunities and discriminate in employment
16against properly qualified individuals solely because of their age, race, creed, color,
17handicap, marital status, sex, national origin, ancestry, sexual orientation,
arrest
18record, conviction record, membership in the national guard, state defense force or
19any other reserve component of the military forces of the United States or this state
20or use or nonuse of lawful products off the employer's premises during nonworking
21hours deprive those individuals of the earnings that are necessary to maintain a just
22and decent standard of living.
AB741, s. 10
23Section
10. 111.31 (2) of the statutes is amended to read:
AB741,7,1124
111.31
(2) It is the intent of the legislature to protect by law the rights of all
25individuals to obtain gainful employment and to enjoy privileges free from
1employment discrimination because of age, race, creed, color, handicap, marital
2status, sex, national origin, ancestry, sexual orientation,
arrest record, conviction
3record, membership in the national guard, state defense force or any other reserve
4component of the military forces of the United States or this state or use or nonuse
5of lawful products off the employer's premises during nonworking hours, and to
6encourage the full, nondiscriminatory utilization of the productive resources of the
7state to the benefit of the state, the family and all the people of the state. It is the
8intent of the legislature in promulgating this subchapter to encourage employers to
9evaluate an employe or applicant for employment based upon the employe's or
10applicant's individual qualifications rather than upon a particular class to which the
11individual may belong.
AB741, s. 11
12Section
11. 111.31 (3) of the statutes is amended to read:
AB741,7,2213
111.31
(3) In the interpretation and application of this subchapter, and
14otherwise, it is declared to be the public policy of the state to encourage and foster
15to the fullest extent practicable the employment of all properly qualified individuals
16regardless of age, race, creed, color, handicap, marital status, sex, national origin,
17ancestry, sexual orientation,
arrest record, conviction record, membership in the
18national guard, state defense force or any other reserve component of the military
19forces of the United States or this state or use or nonuse of lawful products off the
20employer's premises during nonworking hours. Nothing in this subsection requires
21an affirmative action program to correct an imbalance in the work force. This
22subchapter shall be liberally construed for the accomplishment of this purpose.
AB741, s. 12
23Section
12. 111.32 (1) of the statutes is repealed.
AB741, s. 13
24Section
13. 111.32 (3) of the statutes is repealed.
AB741, s. 14
25Section
14. 111.321 of the statutes is amended to read:
AB741,8,8
1111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36,
2no employer, labor organization, employment agency, licensing agency or other
3person may engage in any act of employment discrimination as specified in s. 111.322
4against any individual on the basis of age, race, creed, color, handicap, marital
5status, sex, national origin, ancestry,
arrest record, conviction record, membership
6in the national guard, state defense force or any reserve component of the military
7forces of the United States or this state or use or nonuse of lawful products off the
8employer's premises during nonworking hours.
AB741, s. 15
9Section
15. 111.335 of the statutes is repealed.
AB741, s. 16
10Section
16. 121.555 (2) (c) 5. of the statutes is amended to read:
AB741,9,311
121.555
(2) (c) 5.
Notwithstanding ss. 111.321, 111.322 and 111.335, may May 12not be a person convicted within a 2-year period of reckless driving under s. 346.62
13or a local ordinance in conformity with s. 346.62 (2) or a law of a federally recognized
14American Indian tribe or band in this state in conformity with s. 346.62 (2), operating
15a motor vehicle while operating privileges are suspended or revoked under s. 343.44
16(1) or a local ordinance in conformity therewith or a law of a federally recognized
17American Indian tribe or band in this state in conformity with s. 343.44 (1) with
18respect to operation of a motor vehicle while operating privileges are suspended or
19revoked, any of the offenses enumerated under s. 343.31 (1) or (2), or 2 or more
20offenses under s. 346.63 (7) or a local ordinance in conformity therewith or a law of
21a federally recognized American Indian tribe or band in this state in conformity with
22s. 346.63 (7), or a conviction under the law of another jurisdiction, as those terms are
23defined in s. 340.01 (9r) and (41m), respectively, prohibiting reckless or careless
24driving, as those or substantially similar terms are used in that jurisdiction's laws,
25or a conviction, suspension or revocation that would be counted under s. 343.307 (2)
1(a) to (g), or a person convicted within a 5-year period of violating s. 940.09 (1) or
2940.25. Upon request of the operator or school, the department shall certify whether
3the operator meets this requirement.
AB741, s. 17
4Section
17. 125.04 (5) (a) 1. of the statutes is amended to read:
AB741,9,65
125.04
(5) (a) 1. Do not have an arrest or conviction record
, subject to ss.
6111.321, 111.322 and 111.335.
AB741, s. 18
7Section
18. 125.04 (5) (b) of the statutes is amended to read:
AB741,9,118
125.04
(5) (b)
Criminal offenders. No license or permit related to alcohol
9beverages may
, subject to ss. 111.321, 111.322 and 111.335, be issued under this
10chapter to any person who has habitually been a law offender or has been convicted
11of a felony unless the person has been duly pardoned.
AB741, s. 19
12Section
19. 137.01 (1) (b) of the statutes is amended to read:
AB741,9,1613
137.01
(1) (b) The secretary of state shall satisfy himself or herself that the
14applicant has the equivalent of an 8th grade education, is familiar with the duties
15and responsibilities of a notary public and
, subject to ss. 111.321, 111.322 and
16111.335, does not have an arrest or conviction record.
AB741, s. 20
17Section
20. 139.34 (1) (c) (intro.) of the statutes is amended to read:
AB741,9,1918
139.34
(1) (c) (intro.) Subject to ss. 111.321
, and 111.322
and 111.335, no permit
19under this section may be granted to any person to whom any of the following applies:
AB741, s. 21
20Section
21. 139.37 (1) (c) (intro.) of the statutes is amended to read:
AB741,9,2221
139.37
(1) (c) (intro.) Subject to ss. 111.321
, and 111.322
and 111.335, no permit
22under this section may be granted to any person who:
AB741, s. 22
23Section
22. 146.50 (6) (a) 1. of the statutes is amended to read:
AB741,9,2524
146.50
(6) (a) 1. Be 18 years of age or older; be capable of performing the actions
25authorized under sub. (6m) for an emergency medical technician — basic, an
1emergency medical technician — intermediate or an emergency medical technician
2— paramedic, for which licensure is sought; and
, subject to ss. 111.321, 111.322 and
3111.335, not have an arrest or conviction record.
AB741,10,106
146.50
(6) (a) 1. Be 18 years of age or older; be capable of performing the actions
7authorized in rules promulgated under sub. (13) (c) for an emergency medical
8technician — basic, an emergency medical technician — intermediate or an
9emergency medical technician — paramedic, for which licensure is sought; and not
10have an arrest or conviction record.
AB741, s. 24
11Section
24. 343.12 (2) (d) of the statutes is amended to read:
AB741,11,312
343.12
(2) (d)
Notwithstanding ss. 111.321, 111.322 and 111.335, has Has not
13been convicted of reckless driving under s. 346.62 or a local ordinance in conformity
14with s. 346.62 (2) or a law of a federally recognized American Indian tribe or band
15in this state in conformity with s. 346.62 (2), operating a motor vehicle while
16operating privileges are suspended or revoked under s. 343.44 (1) or a local ordinance
17in conformity therewith or a law of a federally recognized American Indian tribe or
18band in this state in conformity with s. 343.44 (1) with respect to operation of a motor
19vehicle while operating privileges are suspended or revoked, any of the offenses
20enumerated under s. 343.31 (1) or (2), or 2 or more offenses under s. 346.63 (7) or a
21local ordinance in conformity therewith or a law of a federally recognized American
22Indian tribe or band in this state in conformity with s. 346.63 (7), or a conviction
23under the law of another jurisdiction, as those terms are defined in s. 340.01 (9r) and
24(41m), respectively, prohibiting reckless or careless driving, as those or substantially
25similar terms are used in that jurisdiction's laws, or a conviction, suspension or
1revocation that would be counted under s. 343.307 (2), within the 2-year period
2immediately preceding the date of application. Upon request of the operator or
3school, the department shall certify whether the operator meets this requirement.
AB741, s. 25
4Section
25. 343.12 (2) (e) of the statutes is amended to read:
AB741,11,105
343.12
(2) (e)
Subject to ss. 111.321, 111.322 and 111.335, has Has not been
6convicted of a felony or offense against public morals in this state, including a
7conviction under the law of a federally recognized American Indian tribe or band in
8this state for an offense which, if the person had been convicted of the offense under
9the laws of this state, would have constituted a felony or offense against public
10morals, or in another jurisdiction, within the past 5 years.
AB741, s. 26
11Section
26. 343.64 (3) of the statutes is amended to read:
AB741,11,1412
343.64
(3) Subject to ss. 111.321, 111.322 and 111.335, the The applicant or any
13officer, director, stockholder, partner or any person directly interested in the business
14has been convicted of a felony, unless the person so convicted has been duly pardoned;
AB741, s. 27
15Section
27. 343.65 (2) of the statutes is amended to read:
AB741,11,2016
343.65
(2) The applicant has failed to furnish satisfactory evidence of the facts
17required of the applicant, has not held a license to drive a motor vehicle within this
18state for the past year, has not had a driving record satisfactory to the secretary, or
, 19subject to ss. 111.321, 111.322 and 111.335, has been convicted of a felony and has not
20been duly pardoned.
AB741, s. 28
21Section
28. 343.66 (2) of the statutes is amended to read:
AB741,11,2322
343.66
(2) Subject to ss. 111.321, 111.322 and 111.335, the The licensee or any
23partner, member, manager or officer of the licensee has been convicted of a felony;
AB741, s. 29
24Section
29. 343.66 (5) of the statutes is amended to read:
AB741,12,4
1343.66
(5) Subject to ss. 111.321, 111.322 and 111.335, the The licensee has
2knowingly employed, as an instructor, a person who has been convicted of a felony
3or has retained such a person in such employ after knowledge of his or her conviction;
4or
AB741, s. 30
5Section
30. 343.67 (2) of the statutes is amended to read:
AB741,12,76
343.67
(2) Subject to ss. 111.321, 111.322 and 111.335, the The licensee has been
7convicted of a felony;
AB741, s. 31
8Section
31. 349.25 (2) of the statutes is amended to read: