LRB-0747/1
GMM:bjk:jf
2009 - 2010 LEGISLATURE
February 5, 2009 - Introduced by Representatives Schneider, Grigsby, A.
Williams, Kessler and
Vruwink. Referred to Committee on Housing.
AB22,1,9
1An Act to renumber and amend 66.0125 (1);
to amend 66.0125 (3) (a), 66.0125
2(3) (c) 1. b., 66.0125 (9), 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m),
366.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm),
4106.50 (5m) (f) 1., 224.77 (1) (o), 234.29 and 452.14 (3) (n); and
to create 66.0125
5(1) (a), 66.0125 (1) (b), 106.50 (1m) (bg), 106.50 (1m) (fg), 106.50 (7) and 111.336
6of the statutes;
relating to: prohibiting discrimination in housing because of
7arrest or conviction record, making it a Class I felony to discriminate in
8employment or housing because of arrest or conviction record, and providing a
9penalty.
Analysis by the Legislative Reference Bureau
Introduction
This bill prohibits discrimination in housing because of an arrest or conviction
record that is more than three years old and makes such discrimination a Class I
felony, which is punishable by a fine not to exceed $10,000 or imprisonment not to
exceed three years and six months, or both. The bill also makes it a Class I felony
to discriminate in employment based on arrest or conviction record.
Housing discrimination
Current law prohibits discrimination in housing on the basis of sex, race, color,
sexual orientation, disability, religion, national origin, marital status, family status,
lawful source of income, age, or ancestry (protected class), but not on the basis of
arrest or conviction record. A person who engages in an act of housing discrimination
may be required to provide such relief as may be appropriate, including economic and
noneconomic damages and injunctive or other equitable relief, and to pay a forfeiture
of not more than $10,000, except that a person who is not a natural person may be
required to pay a forfeiture of not more than $25,000 if the person has committed a
previous act of housing discrimination within the preceding five years or a forfeiture
of not more than $50,000 if the person has committed two or more previous acts of
housing discrimination within the preceding seven years.
Current law also prohibits a mortgage banker, loan originator, or mortgage
broker from treating a person unequally based on the person's membership in a
protected class. In addition, current law prohibits a real estate broker, real estate
salesperson, or time-share salesperson from treating a person unequally based on
the person's sex, race, color, handicap, national origin, ancestry, marital status, or
lawful source of income.
This bill prohibits discrimination in housing on the basis of an arrest or
conviction record that is more than three years old and prohibits a mortgage banker,
loan originator, mortgage broker, real estate broker, real estate salesperson, or
time-share salesperson from treating a person unequally based on such an arrest or
conviction record. The bill also makes it a Class I felony to commit an act of housing
discrimination against an individual on the basis of such an arrest or conviction
record. In addition, the bill requires a person who commits an act of housing
discrimination against an individual on the basis of an arrest or conviction within
the previous three years to inform the individual of the reason for the act, allow the
individual to provide information relevant to the arrest or conviction, and, if the
individual provides that information, reconsider the act.
Employment discrimination
Current law, subject to certain exceptions, prohibits discrimination in
employment, licensing, and labor organization membership based on arrest or
conviction record. Current law specifies, however, that it is not employment
discrimination because of arrest record to refuse to employ or to license, or to suspend
from employment or licensing, an individual who is subject to a pending criminal
charge, the circumstances of which substantially relate to the circumstances of the
particular job or licensed activity. Also, under current law, it is not employment
discrimination because of conviction record to refuse to employ or to license, or to bar
or terminate from employment or licensing, an individual who has been convicted of
a felony, misdemeanor, or other offense, the circumstances of which substantially
relate to the circumstances of the particular job or licensed activity.
Notwithstanding those exemptions, current law prohibits an individual who
has been convicted of certain crimes from engaging in certain occupations, including
caregiver at certain entities that provide care or treatment services for children or
adults, school bus or human services vehicle operator, alternative pupil
transportation provider, hazardous materials transporter, Division of Gaming in the
Department of Administration or Lottery Division in the Department of Revenue
employee, lottery ticket retailer, Indian gaming vendor, viatical settlement broker
or provider, private detective or investigator, private security person, burglar alarm
installer, or alcohol beverage seller (regulated occupations).
This bill makes it a Class I felony to commit an act of employment
discrimination against an individual because of arrest or conviction record. The bill,
however, does not apply to an act of employment discrimination that is required or
permitted with respect to a regulated occupation or to an arrest or conviction, the
circumstances of which substantially relate to the circumstances of the particular job
or licensed activity.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB22, s. 1
1Section
1. 66.0125 (1) of the statutes is renumbered 66.0125 (1) (intro.) and
2amended to read:
AB22,3,33
66.0125
(1) Definition.
Definitions. (intro.) In this section
, "local
:
AB22,3,5
4(c) "Local governmental unit" means a city, village, town, school district
, or
5county.
AB22, s. 2
6Section
2. 66.0125 (1) (a) of the statutes is created to read:
AB22,3,97
66.0125
(1) (a) "Arrest record," for purposes of discrimination in housing, has
8the meaning given in s. 106.50 (1m) (bg) and, for purposes of discrimination in
9employment, has the meaning given in s. 111.32 (1).
AB22, s. 3
10Section
3. 66.0125 (1) (b) of the statutes is created to read:
AB22,4,3
166.0125
(1) (b) "Conviction record," for purposes of discrimination in housing,
2has the meaning given in s. 106.50 (1m) (fg) and, for purposes of discrimination in
3employment, has the meaning given in s. 111.32 (3).
AB22, s. 4
4Section
4. 66.0125 (3) (a) of the statutes is amended to read:
AB22,4,135
66.0125
(3) (a) The purpose of the commission is to study, analyze
, and
6recommend solutions for the major social, economic
, and cultural problems
which 7that affect people residing or working within the local governmental unit including
,
8without restriction because of enumeration, problems of the family, youth,
9education, the aging, juvenile delinquency, health and zoning standards,
and 10discrimination in
housing, employment and public accommodations and facilities on
11the basis of sex, class, race, religion, sexual orientation
, or ethnic or minority status
,
12and discrimination in housing and employment on all of those bases plus the basis
13of arrest or conviction record.
AB22, s. 5
14Section
5. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
AB22,4,1815
66.0125
(3) (c) 1. b. To ensure to all residents of a local governmental unit,
16regardless of sex, race, sexual orientation
or, color,
or arrest or conviction record, the
17rights to possess equal housing accommodations and to enjoy equal employment
18opportunities.
AB22, s. 6
19Section
6. 66.0125 (9) of the statutes is amended to read:
AB22,5,220
66.0125
(9) Intent. It is the intent of this section to promote fair and friendly
21relations among all the people in this state, and to that end race, creed, sexual
22orientation
, or color ought not to be made tests in the matter of the right of any person
23to sell, lease, occupy or use real estate or to earn a livelihood or to enjoy the equal use
24of public accommodations and facilities
and race, creed, sexual orientation, color, or
1arrest or conviction record ought not to be made tests in the matter of the right of any
2person to sell, lease, occupy, or use real estate or to earn a livelihood.
AB22, s. 7
3Section
7. 66.1011 (1) of the statutes is amended to read:
AB22,5,164
66.1011
(1) Declaration of policy. The right of all persons to have equal
5opportunities for housing regardless of their sex, race, color,
physical condition, 6disability
, as defined in s. 106.50 (1m) (g), sexual orientation
, as defined in s. 111.32
7(13m), religion, national origin, marital status, family status
, as defined in s. 106.50
8(1m) (k), lawful source of income,
arrest record, as defined in s. 106.50 (1m) (bg),
9conviction record, as defined in s. 106.50 (1m) (fg), age
, or ancestry is a matter both
10of statewide concern under ss. 101.132 and 106.50 and also of local interest under
11this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the
12legislature does not preempt the subject matter of equal opportunities in housing
13from consideration by political subdivisions, and does not exempt political
14subdivisions from their duty, nor deprive them of their right, to enact ordinances
15which that prohibit discrimination in any type of housing solely on the basis of an
16individual being a member of a protected class.
AB22, s. 8
17Section
8. 66.1201 (2m) of the statutes is amended to read:
AB22,5,2318
66.1201
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
19facility
, or privilege under ss. 66.1201 to 66.1211
shall may not be denied
them
the
20right, benefit, facility, or privilege in any manner for any purpose nor be
21discriminated against because of sex, race, color, creed, sexual orientation
, arrest
22record, as defined in s. 106.50 (1m) (bg), conviction record, as defined in s. 106.50 (1m)
23(fg), or national origin.
AB22, s. 9
24Section
9. 66.1213 (3) of the statutes is amended to read:
AB22,6,6
166.1213
(3) Discrimination. Persons otherwise entitled to any right, benefit,
2facility
, or privilege under this section
shall may not be denied
them the right,
3benefit, facility, or privilege in any manner for any purpose nor be discriminated
4against because of sex, race, color, creed, sexual orientation
, arrest record, as defined
5in s. 106.50 (1m) (bg), conviction record, as defined in s. 106.50 (1m) (fg), or national
6origin.
AB22, s. 10
7Section
10. 66.1301 (2m) of the statutes is amended to read:
AB22,6,138
66.1301
(2m) Discrimination. Persons entitled to any right, benefit, facility
, 9or privilege under ss. 66.1301 to 66.1329
shall may not be denied
them the right,
10benefit, facility, or privilege in any manner for any purpose nor be discriminated
11against because of sex, race, color, creed, sexual orientation
, arrest record, as defined
12in s. 106.50 (1m) (bg), conviction record, as defined in s. 106.50 (1m) (fg), or national
13origin.
AB22, s. 11
14Section
11. 66.1331 (2m) of the statutes is amended to read:
AB22,6,2015
66.1331
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
16facility
, or privilege under this section
shall may not be denied
them the right,
17benefit, facility, or privilege in any manner for any purpose nor be discriminated
18against because of sex, race, color, creed, sexual orientation
, arrest record, as defined
19in s. 106.50 (1m) (bg), conviction record, as defined in s. 106.50 (1m) (fg), or national
20origin.
AB22, s. 12
21Section
12. 66.1333 (3) (e) 2. of the statutes is amended to read:
AB22,7,222
66.1333
(3) (e) 2. Persons otherwise entitled to any right, benefit, facility
, or
23privilege under this section may not be denied the right, benefit, facility
, or privilege
24in any manner for any purpose nor be discriminated against because of sex, race,
1color, creed, sexual orientation
, arrest record, as defined in s. 106.50 (1m) (bg),
2conviction record, as defined in s. 106.50 (1m) (fg), or national origin.
AB22, s. 13
3Section
13. 106.50 (1) of the statutes is amended to read:
AB22,7,174
106.50
(1) Intent. It is the intent of this section to render unlawful
5discrimination in housing. It is the declared policy of this state that all persons shall
6have an equal opportunity for housing regardless of sex, race, color, sexual
7orientation, disability, religion, national origin, marital status, family status, lawful
8source of income,
arrest or conviction record, age
, or ancestry and it is the duty of the
9political subdivisions to assist in the orderly prevention or removal of all
10discrimination in housing through the powers granted under ss. 66.0125 and
1166.1011. The legislature hereby extends the state law governing equal housing
12opportunities to cover single-family residences
which
that are owner-occupied. The
13legislature finds that the sale and rental of single-family residences constitute a
14significant portion of the housing business in this state and should be regulated.
15This section shall be
deemed considered an exercise of the police powers of the state
16for the protection of the welfare, health, peace, dignity
, and human rights of the
17people of this state.
AB22, s. 14
18Section
14. 106.50 (1m) (bg) of the statutes is created to read:
AB22,7,2319
106.50
(1m) (bg) "Arrest record" includes information indicating that an
20individual has been questioned, apprehended, taken into custody or detention, held
21for investigation, arrested, charged with, indicted, or tried for any felony,
22misdemeanor, or other offense pursuant to any law enforcement or military
23authority more than 3 years before a discriminatory act in violation of sub. (2) occurs.
AB22, s. 15
24Section
15. 106.50 (1m) (fg) of the statutes is created to read:
AB22,8,6
1106.50
(1m) (fg) "Conviction record" includes information indicating that an
2individual has been convicted of any felony, misdemeanor, or other offense, has been
3adjudicated delinquent, has been less than honorably discharged, or has been placed
4on probation, fined, imprisoned, placed on extended supervision, or paroled
5pursuant to any law enforcement or military authority more than 3 years before a
6discriminatory act in violation of sub. (2) occurs.
AB22, s. 16
7Section
16. 106.50 (1m) (h) of the statutes is amended to read:
AB22,8,128
106.50
(1m) (h) "Discriminate" means to segregate, separate, exclude
, or treat
9a person or class of persons unequally in a manner described in sub. (2), (2m)
, or (2r)
10because of sex, race, color, sexual orientation, disability, religion, national origin,
11marital status, family status, lawful source of income,
arrest or conviction record, 12age
, or ancestry.
AB22, s. 17
13Section
17. 106.50 (1m) (nm) of the statutes is amended to read:
AB22,8,1814
106.50
(1m) (nm) "Member of a protected class" means a group of natural
15persons, or a natural person, who may be categorized
based on one or more of the
16following characteristics: because of sex, race, color, disability, sexual orientation
as
17defined in s. 111.32 (13m), religion, national origin, marital status, family status,
18lawful source of income,
arrest or conviction record, age
, or ancestry.
AB22, s. 18
19Section
18. 106.50 (5m) (f) 1. of the statutes is amended to read:
AB22,8,2420
106.50
(5m) (f) 1. Nothing in this section prohibits an owner or agent from
21requiring that a person who seeks to buy or rent housing supply information
22concerning
arrest or conviction record, family status
, and marital, financial
, and
23business status but not concerning race, color,
physical condition, disability, sexual
24orientation, ancestry, national origin, religion, creed
, or, subject to subd. 2., age.
AB22, s. 19
25Section
19. 106.50 (7) of the statutes is created to read:
AB22,9,3
1106.50
(7) Discrimination based on arrest or conviction record. (a) Any
2person who commits a discriminatory act in violation of sub. (2) because of arrest or
3conviction record is guilty of a Class I felony.
AB22,9,84
(b) Any person who commits an act described in sub. (2) against an individual
5because the individual has been the subject of an action described in sub. (1m) (bg)
6or (fg) within the 3 years preceding that act shall inform the individual of the reason
7for the act, allow the individual to provide information relevant to the action, and,
8if the individual provides that information, reconsider the act.
AB22, s. 20
9Section
20. 111.336 of the statutes is created to read:
AB22,9,12
10111.336 Arrest or conviction record; criminal penalty. (1) Except as
11provided in sub. (2), any person who commits an act of employment discrimination
12because of arrest or conviction record is guilty of a Class I felony.
AB22,9,17
13(2) Subsection (1) does not apply to an act of employment discrimination that
14is permitted or required under s. 48.685 (4m) (a) or (b) or (5m), 50.065 (4m) (a) or (b)
15or (5m), 85.21 (3m) (b), 111.335, 121.555 (3) (c), 343.12 (2) (dm), (7), or (8) (a) or (b),
16343.14 (2g) (a), 346.923, 562.045, 565.02 (1) (b) or (2) (c), 565.10 (3) (a), 569.04 (2), or
17632.68 (3) (a) 4. or (5) (a) 3.
AB22, s. 21
18Section
21. 224.77 (1) (o) of the statutes is amended to read:
AB22,9,2519
224.77
(1) (o) In the course of practice as a mortgage banker, loan originator
, 20or mortgage broker, except in relation to housing designed to meet the needs of
21elderly individuals, treated a person unequally solely because of sex, race, color,
22handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin,
23age
, or ancestry, the person's lawful source of income,
the person's arrest record, as
24defined in s. 106.50 (1m) (bg), or conviction record, as defined in s. 106.50 (1m) (fg), 25or the sex or marital status of the person maintaining a household.
AB22, s. 22
1Section
22. 234.29 of the statutes is amended to read:
AB22,10,10
2234.29 Equality of occupancy and employment. The authority shall
3require that occupancy of housing projects assisted under this chapter be open to all
4regardless of sex, race, religion, sexual orientation
, arrest record, as defined in s.
5106.50 (1m) (bg), conviction record, as defined in s. 106.50 (1m) (fg), or creed, and that
6contractors and subcontractors engaged in the construction of economic
7development or housing projects, shall provide an equal opportunity for
8employment, without discrimination as to sex, race, religion, sexual orientation
,
9arrest record, as defined in s. 111.32 (1), conviction record, as defined in s. 111.32 (3), 10or creed.
AB22, s. 23
11Section
23. 452.14 (3) (n) of the statutes is amended to read: