AB640: Bill Text

AB640,16,2 106.52 (4) (a) 4. If the department finds probable cause to believe that any act prohibited under sub. (9) (3) has been or is being committed, it the department may endeavor to eliminate the discrimination or other act by conference, conciliation and persuasion. If the department determines that such conference, conciliation and persuasion has not eliminated the alleged act prohibited under sub. (9) (3), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under sub. (9) (3) which appear to have been committed, and requiring the person named, in this subsection called the "respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of sub. (9) (3) is alleged to have occurred. A party's The attorney of record for any party may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under sub. (9) (3). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (9) (3), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of sub. (9) and this subsection and sub. (3). The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant, the. The order to shall have the same force as other orders of the department and shall be enforced as provided in this subsection, except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission. If the examiner finds that the respondent has not engaged in an act prohibited under sub. (9) (3) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.

AB640, s. 82 Section 82. 106.04 (10) (a) 5. of the statutes is renumbered 106.52 (4) (a) 5. and amended to read:

AB640,16,13 106.52 (4) (a) 5. At any time after a complaint is filed, the department may file a petition in the circuit court for the county in which the act prohibited under sub. (9) (3) allegedly occurred, or for the county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this subsection, including an order or decree restraining the respondent from performing an act tending to render ineffectual an order the department may enter with respect to the complaint. The court may grant such temporary relief or restraining order as it the court deems just and proper.

AB640, s. 83 Section 83. 106.04 (10) (b) of the statutes is renumbered 106.52 (4) (b).

AB640, s. 84 Section 84. 106.04 (10) (c) of the statutes is renumbered 106.52 (4) (c) and amended to read:

AB640,17,2 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the commission under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (9) (3) took place by the filing of a petition for review. The respondent or complainant shall receive a new trial on all issues relating to any alleged act prohibited under sub. (9) (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the commission. In any such trial the burden shall be to prove an act prohibited under sub. (9) (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.

AB640, s. 85 Section 85. 106.04 (10) (d) (title) of the statutes is renumbered 106.52 (10) (d) (title).

AB640, s. 86 Section 86. 106.04 (10) (d) 1. of the statutes is renumbered 106.52 (4) (d) 1. and amended to read:

AB640,17,9 106.52 (4) (d) 1. A person who wilfully violates sub. (9) (3) or any lawful order issued under this subsection shall, for the first violation, forfeit not less than $100 nor more than $1,000.

AB640, s. 87 Section 87. 106.04 (10) (d) 2. of the statutes is renumbered 106.52 (4) (d) 2. and amended to read:

AB640,17,14 106.52 (4) (d) 2. A person adjudged to have violated sub. (9) (3) within 5 years after having been adjudged to have violated sub. (9) (3), for every violation committed within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.

AB640, s. 88 Section 88. 106.04 (10) (d) 3. of the statutes is renumbered 106.52 (4) (d) 3.

AB640, s. 89 Section 89. 106.04 (10) (e) (title) of the statutes is renumbered 106.52 (4) (e) (title).

AB640, s. 90 Section 90. 106.04 (10) (e) 1. of the statutes is renumbered 106.52 (4) (e) 1. and amended to read:

AB640,17,24 106.52 (4) (e) 1. A person, including the state, alleging a violation of sub. (9) (3) may bring a civil action for appropriate injunctive relief, for damages including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees. The attorney general shall represent the department in an action to which the department is a party.

AB640, s. 91 Section 91. 106.04 (10) (e) 2. of the statutes is renumbered 106.52 (4) (e) 2.

AB640, s. 92 Section 92 . 106.04 (10) (e) 3. of the statutes is renumbered 106.52 (4) (e) 3.

Note: Sections 76 through 92 place various provisions of current s. 106.04 (10), stats., relating to investigation and review of claims charging discrimination in public places of accommodation or amusement in the new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement.

AB640, s. 93 Section 93. 106.06 of the statutes is renumbered 106.54.

Note: This Section places the current statutory duties of the division of equal rights in the department of workforce development in new s. 106.54, stats., created by this bill. This provision will be in new subch. III of ch. 106, stats., relating to equal rights programs, created by the bill.

AB640, s. 94 Section 94 . 106.07 (title) of the statutes is renumbered 106.56 (title).

AB640, s. 95 Section 95. 106.07 (1) of the statutes is renumbered 106.56 (1).

AB640, s. 96 Section 96. 106.07 (2) of the statutes is renumbered 106.56 (2).

AB640, s. 97 Section 97. 106.07 (3) of the statutes is renumbered 106.56 (3).

AB640, s. 98 Section 98. 106.07 (4) (a) of the statutes is renumbered 106.56 (4) (a) and amended to read:

AB640,18,13 106.56 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under s. 106.04 (10) 106.52 (4) (b).

AB640, s. 99 Section 99 . 106.07 (4) (b) of the statutes is renumbered 106.56 (4) (b).

Note: Sections 94 to 99 renumber provisions relating to prohibitions on discrimination on the basis of physical condition or developmental disability in postsecondary education to place them into the new subch. III of ch. 106, stats., relating to equal rights programs created by this bill.

AB640, s. 100 Section 100. 106.08 of the statutes is renumbered 106.58.

Note: This Section renumbers s. 106.08, stats., relating to discrimination in public education on account of sex, race, religion or national origin to place them in the new subch. III of ch. 106, stats., relating to equal rights programs created by this bill.

AB640, s. 101 Section 101. Subchapter III (title) of chapter 106 [precedes 106.50] of the statutes is created to read:

AB640,19,1 chapter 106

AB640,19,2 subchapter iii

AB640,19,3 equal rights programs

Note: This Section creates a title for the new subch. III of ch. 106, stats., under which statutes relating to discrimination in housing, public places of accommodation or amusement and education are being placed by this bill.

AB640, s. 102 Section 102. 106.52 (title) of the statutes is created to read:

Note: This Section creates a title for new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement.

AB640,19,5 106.52 (title) Public places of accommodation or amusement.

AB640, s. 103 Section 103 . 106.52 (1) of the statutes is created to read:

AB640,19,7 106.52 (1) Definitions. In this section:

AB640,19,9 (a) "Complainant" means a person who files a complaint alleging a violation of sub. (3).

AB640,19,10 (b) "Conciliation" has the meaning given in s. 106.50 (1m) (d).

AB640,19,11 (c) "Disability" has the meaning given in s. 106.50 (1m) (g).

AB640,19,13 (f) "Respondent" means the person accused in a complaint or amended complaint of committing a violation of sub. (3).

AB640,19,14 (g) "Sexual orientation" has the meaning given in s. 111.32 (13m).

Note: This Section creates the definitions required for new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement.

AB640, s. 104 Section 104. 106.52 (2) of the statutes is created to read:

AB640,20,2 106.52 (2) Department to administer. The department shall administer this section through its division of equal rights. The department may promulgate such rules as are necessary to carry out this section. No rule may prohibit the processing of any class action complaint or the ordering of any class-based remedy, and no rule may provide that complaints may be consolidated for administrative convenience only.

Note: This Section requires the department of workforce development to administer the statutes relating to discrimination in public places of accommodation or amusement through its division of equal rights. The Section also grants the department rule-making authority to carry out those statutes and prohibits the rules from prohibiting the processing of class action complaints or the ordering of any class-based remedy and from providing that complaints may be consolidated for administrative convenience only.

AB640, s. 105 Section 105. 106.52 (5) of the statutes is created to read:

AB640,20,11 106.52 (5) Discrimination by licensed or chartered persons. (a) If the department finds probable cause to believe that an act has been or is being committed in violation of sub. (3) and that the person who committed or is committing the act is licensed or chartered under state law, the department shall notify the licensing or chartering agency of its findings and may file a complaint with such agency together with a request that the agency initiate proceedings to suspend or revoke the license or charter of such person or take other less restrictive disciplinary action.

AB640,20,14 (b) Upon filing a complaint under par. (a), the department shall make available to the appropriate licensing or chartering agency all pertinent documents and files in its custody, and shall cooperate fully with such agency in the agency's proceedings.

Note: This Section creates a new statute relating to discrimination by licensed or chartered persons in public places of accommodation or amusement, similar to current s. 106.04 (8), stats., to reflect the fact that the statutes relating to discrimination in housing and in public places of accommodation or amusement are separated by this bill into two separate statutes.

AB640, s. 106 Section 106 . 108.02 (13) (k) of the statutes is amended to read:

AB640,21,2 108.02 (13) (k) "Employer" does not include a county department or aging unit that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (6) (c).

Note: Sections 14 , 21 and 106 insert new cross-references to reflect the renumbering done in this bill.

AB640, s. 107 Section 107 . 224.77 (5) (b) of the statutes is amended to read:

AB640,21,5 224.77 (5) (b) Other penalties. The penalty under par. (a) may be imposed in addition to any penalty imposed under s. 66.432, 106.04 106.50 or 224.80.

AB640, s. 108 Section 108. 227.03 (3m) of the statutes is amended to read:

AB640,21,9 227.03 (3m) (a) This chapter does not apply to proceedings before the department of workforce development relating to housing discrimination under s. 106.04 (1) to (8) 106.50, except as provided in s. 106.04 106.50 (6).

AB640,21,12 (b) Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under s. 106.04 (9) and (10) 106.52.

AB640, s. 109 Section 109. 227.40 (2) (e) of the statutes is amended to read:

AB640,21,18 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.04 106.50, 106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

AB640, s. 110 Section 110. 452.17 (4) (b) of the statutes is amended to read:

AB640,21,21 452.17 (4) (b) This penalty may be imposed in addition to any penalty imposed under this chapter or s. 66.432 or 106.04 106.50.

AB640, s. 111 Section 111. 452.23 (1) of the statutes is amended to read:

AB640,22,5 452.23 (1) A broker or salesperson may not disclose to any person in connection with the sale, exchange, purchase or rental of real property information, the disclosure of which constitutes unlawful discrimination in housing under s. 106.04 106.50 or unlawful discrimination based on handicap under 42 USC 3604, 3605, 3606 or 3617.

AB640, s. 112 Section 112. 703.10 (2m) of the statutes is amended to read:

AB640,22,10 703.10 (2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in s. 106.04 106.50.

AB640, s. 113 Section 113. 814.04 (intro.) of the statutes is amended to read:

AB640,22,15 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.04 106.50 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB640, s. 114 Section 114 . 895.437 (1) (c) of the statutes is amended to read:

AB640,22,18 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 106.04 (1m) (n) 106.52 (1) (d).

Note: Sections 107 to 114 change cross-references to reflect the new numbering of ch. 106, stats., by this bill.

AB640,22,19 (End)