AB874: Bill Text

LRB-4620/1

MES&PG:cjs:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 874

March 13, 2000 - Introduced by Representatives Reynolds and Boyle, cosponsored by Senator Risser, by request of Anna Threlfall. Referred to Committee on Housing.

AB874,1,2 An Act to amend 66.432 (2) of the statutes; relating to: local antidiscrimination housing ordinances.

Analysis by the Legislative Reference Bureau

Under current law, a city, village, town or county (political subdivision) may enact an ordinance prohibiting discrimination in housing against an individual solely because the individual is a member of a protected class. "Protected class" is defined to mean a group of natural persons, or a natural person, who may be categorized based on one or more of the following characteristics: sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, lawful source of income, age or ancestry. The ordinance may be similar to state statutes, or it may be more inclusive. Also under current law, the ordinance may permit a complainant, aggrieved person or respondent to elect to remove an action brought under the ordinance to circuit court, after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred.

Under this bill, a political subdivision has no authority to determine whether a complainant, aggrieved person or respondent may remove such an action to circuit court; such persons may elect to remove the action to circuit court.

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:

AB874, s. 1 Section 1. 66.432 (2) of the statutes is amended to read:

AB874,2,15 66.432 (2) Antidiscrimination housing ordinances. Political subdivisions A political subdivision may enact ordinances an ordinance prohibiting discrimination in housing within their respective its boundaries solely on the basis of an individual being a member of a protected class. Such an The ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such an 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. Such an ordinance may permit a A complainant, aggrieved person or respondent to may 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 The 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.

AB874, s. 2 Section 2. Initial applicability.

AB874,2,18 (1) This act first applies to complaints that are pending or filed on the effective date of this subsection.

AB874,2,19 (End)