Feed for /2011/related/proposals/ab286 PDF
September 29, 2011 - Introduced by Representatives Kleefisch, Litjens,
LeMahieu, Jacque, Craig, Knodl, Pridemore, Ziegelbauer, Thiesfeldt, Nass,
Endsley, Petersen, Kuglitsch, T. Larson
and Stroebel, cosponsored by
Senators Darling, Lazich, Zipperer, Moulton and Galloway. Referred to
Committee on Labor and Workforce Development.
AB286,1,9 1An Act to repeal 111.335 (1) (cg) 3. and 111.335 (1) (cv); to renumber and
2amend
111.335 (1) (cm); to amend 111.335 (1) (c); and to create 111.31 (6),
3111.335 (1) (cm) 2. to 4. and 111.335 (2) of the statutes; relating to: permitting
4an employer to refuse to employ or to bar or terminate from employment an
5individual who has been convicted of a felony and who has not been pardoned
6for that felony and preempting cities, villages, towns, and counties from
7adopting provisions concerning employment discrimination based on arrest or
8conviction record that prohibit activity that is allowed under the state fair
9employment law.
Analysis by the Legislative Reference Bureau
The current state fair employment law, subject to certain exceptions, prohibits
discrimination in employment based on arrest or conviction record. That law
specifies, however, that it is not employment discrimination because of conviction
record to refuse to employ or to terminate from employment 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. This bill specifies that
it is not employment discrimination because of conviction record for an employer to

refuse to employ or to bar or terminate from employment an individual who has been
convicted of a felony and who has not been pardoned for that felony, whether or not
the circumstances of the felony substantially relate to the circumstances of the
particular job.
Under current constitutional and statutory home rule provisions, a city or
village may determine its own local affairs subject only to the Wisconsin Constitution
and to any enactment of the legislature that is of statewide concern and that affects
every city or village with uniformity. This bill states that the prohibition against
discrimination in employment based on arrest or conviction record under the state
fair employment law is a matter of statewide concern, requiring uniform
enforcement at the state, county, and municipal levels. As such, the bill prohibits any
county, city, village, or town from adopting any provision concerning employment
discrimination based on arrest or conviction record that prohibits any activity that
is allowed under the state fair employment law.
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:
AB286, s. 1 1Section 1. 111.31 (6) of the statutes is created to read:
AB286,2,42 111.31 (6) The legislature finds that the prohibition against discrimination on
3the basis of arrest or conviction record under s. 111.335 is a matter of statewide
4concern, requiring uniform enforcement at the state, county, and municipal levels.
AB286, s. 2 5Section 2. 111.335 (1) (c) of the statutes is amended to read:
AB286,2,86 111.335 (1) (c) Notwithstanding s. 111.322, it is not employment discrimination
7because of conviction record to refuse to employ or license, or to bar or terminate from
8employment or licensing, any individual who of the following:
AB286,2,119 1. Has An individual who has been convicted of any felony, misdemeanor, or
10other offense the circumstances of which substantially relate to the circumstances
11of the particular job or licensed activity; or.
AB286,3,3
12. Is An individual who is not bondable under a standard fidelity bond or an
2equivalent bond where when such bondability is required by state or federal law, or
3administrative regulation or established business practice of the employer.
AB286, s. 3 4Section 3. 111.335 (1) (cg) 3. of the statutes is repealed.
AB286, s. 4 5Section 4. 111.335 (1) (cm) of the statutes is renumbered 111.335 (1) (cm)
6(intro.) and amended to read:
AB286,3,107 111.335 (1) (cm) (intro.) Notwithstanding s. 111.322, it is not employment
8discrimination because of conviction record to refuse to employ as an installer of
9burglar alarms a person
, or to bar or terminate from employment, any of the
10following:
AB286,3,12 111. An individual who has been convicted of a felony and who has not been
12pardoned for that felony.
AB286, s. 5 13Section 5. 111.335 (1) (cm) 2. to 4. of the statutes are created to read:
AB286,3,1614 111.335 (1) (cm) 2. An individual who has been convicted of a felony, the
15circumstances of which substantially relate to the circumstances of the particular
16job, and who has been pardoned for that felony.
AB286,3,1917 3. An individual who has been convicted of a misdemeanor or other offense, the
18circumstances of which substantially relate to the circumstances of the particular
19job.
AB286,3,2220 4. An individual who is not bondable under a standard fidelity bond or an
21equivalent bond when such bondability is required by state or federal law,
22administrative regulation, or established business practice of the employer.
AB286, s. 6 23Section 6. 111.335 (1) (cv) of the statutes, as affected by 2011 Wisconsin Act
2432
, is repealed.
AB286, s. 7 25Section 7. 111.335 (2) of the statutes is created to read:
AB286,4,3
1111.335 (2) No county, city, village, or town may adopt any provision concerning
2employment discrimination based on arrest or conviction record that prohibits any
3activity that is allowed under this section.
AB286, s. 8 4Section 8. Initial applicability.
AB286,4,105 (1) Employment discrimination; conviction for felony. The treatment of
6section 111.335 (1) (c), (cg) 3. and (cv) of the statutes, the renumbering and
7amendment of section 111.335 (1) (cm) of the statutes, and the creation of section
8111.331 (1) (cm) 2. to 4. of the statutes first apply to a decision to refuse to employ or
9to terminate from employment an individual made on the effective date of this
10subsection.
AB286,4,1111 (End)
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