AB640: Bill Text

AB640, s. 27 Section 27. 66.432 (1m) (d) of the statutes is amended to read:

AB640,8,5 66.432 (1m) (d) "Member of a protected class" has the meaning given in s. 106.04 106.50 (1m) (nm).

AB640, s. 28 Section 28. 66.432 (2) of the statutes is amended to read:

AB640,8,20 66.432 (2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. Such an ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) 106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be for an amount that is less than the statutory forfeitures under s. 106.04 106.50 (6) (h). Such an ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. Such an ordinance may also authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.

AB640, s. 29 Section 29. 77.265 (4) of the statutes is amended to read:

AB640,8,23 77.265 (4) The department of workforce development may use the returns under s. 106.04 106.50.

AB640, s. 30 Section 30. 101.055 (8) (ag) of the statutes is amended to read:

AB640,9,3 101.055 (8) (ag) In this subsection, "division of equal rights" means the division of equal rights in the department of workforce development acting under the authority provided in s. 106.06 106.54 (4).

AB640, s. 31 Section 31. 101.132 (1) (e) of the statutes is amended to read:

AB640,9,5 101.132 (1) (e) "Disability" has the meaning given in s. 106.04 106.50 (1m) (g).

AB640, s. 32 Section 32. 101.132 (1) (f) of the statutes is amended to read:

AB640,9,8 101.132 (1) (f) "Dwelling unit" has the meaning given in s. 106.04 106.50 (1m) (i).

AB640, s. 33 Section 33. 101.132 (1) (g) of the statutes is amended to read:

AB640,9,10 101.132 (1) (g) "Housing" has the meaning given in s. 106.04 106.50 (1m) (L).

AB640, s. 34 Section 34. 101.132 (2) (a) (intro.) of the statutes is amended to read:

AB640,9,14 101.132 (2) (a) (intro.) In addition to discrimination prohibited under s. 106.04 106.50 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:

AB640, s. 35 Section 35. 101.62 of the statutes is amended to read:

AB640,9,25 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.04 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB640, s. 36 Section 36 . 103.04 (1) of the statutes is amended to read:

AB640,10,8 103.04 (1) The commission shall issue its decision in any case where a petition for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 106.04 (10), 106.07 106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.

Note: Sections 1 to 3 and 22 to 36 change cross-references to reflect the new structure created for ch. 106, stats., by this bill.

AB640, s. 37 Section 37. Chapter 106 (title) of the statutes is amended to read:

AB640,10,10 CHAPTER 106

AB640,10,12 APPRENTICE AND, EMPLOYMENT and equal rights PROGRAMS

Note: The title of ch. 106, stats., is amended to reflect that the chapter deals with three topics: apprentice, employment and equal rights programs.

AB640, s. 38 Section 38. 106.04 (title) of the statutes is renumbered 106.50 (title) and amended to read:

AB640,10,15 106.50 (title) Equal rights Open housing.

Note: The change in the title of the renumbered provision reflects that the provisions in current s. 106.04, stats., that relate to housing discrimination are placed in a new statute relating only to that topic. Other provisions in current s. 106.04, stats., that relate to discrimination in public places of accommodation or amusement are placed in new s. 106.52, stats., created by this bill.

AB640, s. 39 Section 39 . 106.04 (1) of the statutes is renumbered 106.50 (1).

AB640, s. 40 Section 40. 106.04 (1m) (intro.) of the statutes is renumbered 106.50 (1m) (intro.).

AB640, s. 41 Section 41. 106.04 (1m) (ad) of the statutes is renumbered 106.50 (1m) (ad).

AB640, s. 42 Section 42. 106.04 (1m) (am) of the statutes is renumbered 106.50 (1m) (am).

AB640, s. 43 Section 43. 106.04 (1m) (b) of the statutes is renumbered 106.50 (1m) (b).

AB640, s. 44 Section 44. 106.04 (1m) (c) of the statutes is renumbered 106.50 (1m) (c) and amended to read:

AB640,11,5 106.50 (1m) (c) "Complainant" means a person who files a complaint alleging discrimination in housing or public place of accommodation or amusement.

AB640, s. 45 Section 45. 106.04 (1m) (d) of the statutes is renumbered 106.50 (1m) (d).

AB640, s. 46 Section 46. 106.04 (1m) (e) of the statutes is renumbered 106.50 (1m) (e).

AB640, s. 47 Section 47. 106.04 (1m) (f) of the statutes is renumbered 106.50 (1m) (f).

AB640, s. 48 Section 48. 106.04 (1m) (g) of the statutes is renumbered 106.50 (1m) (g).

AB640, s. 49 Section 49. 106.04 (1m) (h) of the statutes is renumbered 106.50 (1m) (h).

AB640, s. 50 Section 50. 106.04 (1m) (i) of the statutes is renumbered 106.50 (1m) (i).

AB640, s. 51 Section 51. 106.04 (1m) (j) of the statutes is renumbered 106.50 (1m) (j).

AB640, s. 52 Section 52. 106.04 (1m) (k) of the statutes is renumbered 106.50 (1m) (k).

AB640, s. 53 Section 53. 106.04 (1m) (km) of the statutes is renumbered 106.50 (1m) (km).

AB640, s. 54 Section 54. 106.04 (1m) (L) of the statutes is renumbered 106.50 (1m) (L).

AB640, s. 55 Section 55. 106.04 (1m) (m) of the statutes is renumbered 106.50 (1m) (m).

AB640, s. 56 Section 56 . 106.04 (1m) (mm) of the statutes is renumbered 106.50 (1m) (mm).

Note: Sections 39 to 56 place provisions of current s. 106.04, stats., relating to open housing in new s. 106.50 stats., created by this bill.

AB640, s. 57 Section 57. 106.04 (1m) (n) of the statutes is renumbered 106.52 (1) (d).

Note: This Section moves the definition of "lodging establishment", which is used only in the provisions relating to discrimination in public places of accommodation or amusement, to new s. 106.52, stats., created by this bill.

AB640, s. 58 Section 58 . 106.04 (1m) (nm) of the statutes is renumbered 106.50 (1m) (nm).

AB640, s. 59 Section 59 . 106.04 (1m) (om) of the statutes is renumbered 106.50 (1m) (om).

Note: Sections 58 and 59 place definitions in current s. 106.04, stats., relating to open housing in new s. 106.50, stats., created by this bill.

AB640, s. 60 Section 60. 106.04 (1m) (p) of the statutes is renumbered 106.52 (1) (e).

Note: This Section places the definition of "public place of accommodation or amusement" in new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement created by this bill.

AB640, s. 61 Section 61 . 106.04 (1m) (q) of the statutes is renumbered 106.50 (1m) (q).

AB640, s. 62 Section 62. 106.04 (1m) (r) of the statutes is renumbered 106.50 (1m) (r).

AB640, s. 63 Section 63. 106.04 (1m) (s) of the statutes is renumbered 106.50 (1m) (s) and amended to read:

AB640,12,8 106.50 (1m) (s) "Respondent" means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing or in providing a public place of accommodation or amusement.

AB640, s. 64 Section 64 . 106.04 (1m) (t) of the statutes is renumbered 106.50 (1m) (t).

Note: Sections 61 to 64 move definitions that are used in the open housing law to new s. 106.50, stats., created by this bill.

AB640, s. 65 Section 65 . 106.04 (1s) of the statutes is renumbered 106.50 (1s).

AB640, s. 66 Section 66. 106.04 (2) of the statutes is renumbered 106.50 (2).

AB640, s. 67 Section 67. 106.04 (2m) of the statutes is renumbered 106.50 (2m).

AB640, s. 68 Section 68. 106.04 (2r) of the statutes is renumbered 106.50 (2r).

AB640, s. 69 Section 69. 106.04 (5m) of the statutes is renumbered 106.50 (5m).

AB640, s. 70 Section 70. 106.04 (6) of the statutes is renumbered 106.50 (6).

AB640, s. 71 Section 71 . 106.04 (6m) of the statutes is renumbered 106.50 (6m).

Note: Sections 65 to 71 move provisions relating to administration of the open housing law, discrimination in housing, representations designed to induce panic sales, discrimination in housing against persons with disabilities, exemptions and exclusions, fair housing enforcement and civil actions for discrimination in housing to the new s. 106.50, stats., created by this bill, relating to open housing.

AB640, s. 72 Section 72 . 106.04 (8) (title) of the statutes is renumbered 106.50 (8) (title).

AB640, s. 73 Section 73. 106.04 (8) (a) of the statutes is renumbered 106.50 (8) (a) and amended to read:

AB640,13,9 106.50 (8) (a) If the department finds reasonable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action prohibited under sub. (2), (2m) or (2r), or probable cause to believe that an act has been or is being committed in violation of sub. (9), and that the person 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, s. 74 Section 74 . 106.04 (8) (b) of the statutes is renumbered 106.50 (8) (b).

Note: Sections 72 to 74 place provisions relating to discrimination in housing by licensed or chartered persons in new s. 106.50, stats., created by this bill, relating to open housing.

AB640, s. 75 Section 75. 106.04 (9) of the statutes is renumbered 106.52 (3).

Note: This Section renumbers a statutory provision relating to discrimination in public places of accommodation or amusement to place it in new s. 106.52, stats., created by this bill.

AB640, s. 76 Section 76 . 106.04 (10) (title) of the statutes is renumbered 106.52 (4) (title).

AB640, s. 77 Section 77. 106.04 (10) (a) (title) of the statutes is renumbered 106.52 (4) (a) (title).

AB640, s. 78 Section 78. 106.04 (10) (a) 1. of the statutes is renumbered 106.52 (4) (a) 1. and amended to read:

AB640,13,21 106.52 (4) (a) 1. The department may receive and investigate a complaint charging a violation of sub. (9) (3) if the complaint is filed with the department no more than 300 days after the alleged act prohibited under sub. (9) (3) occurred. A complaint shall be a written statement of the essential facts constituting the act prohibited under sub. (9) (3) charged, and shall be verified.

AB640, s. 79 Section 79. 106.04 (10) (a) 2. of the statutes is renumbered 106.52 (4) (a) 2. and amended to read:

AB640,14,9 106.52 (4) (a) 2. In carrying out this subsection, the department and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this chapter. The department, upon its own motion, may test and investigate for the purpose of establishing violations of sub. (9) (3), and may make, sign and file complaints alleging violations of sub. (9) (3), and initiate investigations and studies to carry out the purposes of sub. (9) and this subsection and sub. (3).

AB640, s. 80 Section 80. 106.04 (10) (a) 3. of the statutes is renumbered 106.52 (4) (a) 3. and amended to read:

AB640,14,15 106.52 (4) (a) 3. The department shall employ such examiners as are necessary to hear and decide complaints of acts prohibited under sub. (9) (3) and to assist in the effective administration of this subsection. The examiners may make findings and orders under this subsection.

AB640, s. 81 Section 81. 106.04 (10) (a) 4. of the statutes is renumbered 106.52 (4) (a) 4. and amended to read:

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).