LRB-3272/1
MED&MLJ:kjf&wlj
2017 - 2018 LEGISLATURE
December 7, 2017 - Introduced by Senators Darling, Feyen, Carpenter, Johnson,
Larson, Olsen and Petrowski, cosponsored by Representatives Petryk,
Berceau, Brostoff, Horlacher, Kitchens, Knodl, Kooyenga, Krug, Kulp,
Loudenbeck, Mursau, Spiros, Steffen and Novak. Referred to Committee on
Judiciary and Public Safety.
SB626,1,8 1An Act to repeal 452.05 (1) (h) and 452.07 (2); to renumber 111.335 (1) (a),
2111.335 (1) (cg) 1., 111.335 (1) (cg) 2., 111.335 (1) (cg) 3., 111.335 (1) (cs), 111.335
3(1) (cx) and 111.335 (1) (d) 2.; to renumber and amend 111.335 (1) (b), 111.335
4(1) (c), 111.335 (1) (cm), 111.335 (1) (cv) and 111.335 (1) (d) 1.; to amend 440.03
5(13) (d), 452.139 (3) and 452.25 (2) (a); to repeal and recreate 440.03 (13) (bm)
6and 440.03 (13) (d); and to create 111.335 (1m), 111.335 (2) (title), 111.335 (3)
7(title) and 111.335 (4) of the statutes; relating to: discrimination based on
8arrest or conviction record under the fair employment law.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the fair employment law with respect to the
ability of state and local governmental agencies to deny a license to an individual
based on the individual's arrest or conviction record.
Under the current fair employment law, it is an unlawful act of employment
discrimination for a state or local agency that has the authority to grant or deny
licenses to refuse to license an individual on the basis of the individual's arrest or
conviction record. (The fair employment law defines “license” as “the whole or any
part of any permit, certificate, approval, registration, charter or similar form of
permission required by a state or local unit of government for the undertaking,

practice or continuation of any occupation or profession.”) However, there are a
number of exceptions to the fair employment law, including exceptions that allow
licensing agencies to 1) deny a license to an individual who is subject to a pending
criminal charge if the circumstances of the charge substantially relate to the
circumstances of the particular licensed activity; or 2) deny a license to an individual
who has been convicted of any felony, misdemeanor, or other offense the
circumstances of which substantially relate to the circumstances of the particular
licensed activity.
This bill makes a number of modifications to the fair employment law as it
relates to discrimination based on arrest or conviction record in licensing, including
all of the following:
1. The bill narrows the exception above that allows for denial of a license due
to arrest record so that a licensing agency may only deny a license if the pending
charge is for a crime against life and bodily security or one of certain crimes against
children. The circumstances of the charge would also have to substantially relate to
the circumstances of the particular licensed activity, as under current law.
2. The bill qualifies the exception above that allows for denial of a license due
to conviction record in the following ways:
a. The bill prohibits a licensing agency from denying a license under the
exception because the individual was adjudicated delinquent for an offense under
the Juvenile Justice Code, unless the offense for which the individual was
adjudicated delinquent was one of certain crimes against life or bodily security or one
of certain crimes against children.
b. If a licensing agency denies a license under the exception, the licensing
agency must state its reasons for the denial in writing, and must allow the individual
to show evidence of rehabilitation and fitness to engage in the licensed activity as
provided in the bill. These requirements, however, do not apply if the conviction was
for one of certain crimes against life or bodily security or one of certain crimes against
children.
3. The bill requires state agencies that may deny licenses due to an individual's
conviction record under the exception to promulgate rules to allow an individual,
without having to submit a full application for a license, to apply to the agency for
a binding determination of whether he or she would be disqualified from obtaining
the license based on his or her conviction record. The bill repeals a similar procedure
outlined under current law that applies only to the Real Estate Examining Board.
The changes in the bill to the fair employment law apply only to licensing by
licensing agencies, and do not otherwise affect the fair employment law as it applies
to decisions about whether to employ an individual based on his or her arrest or
conviction record.
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:
SB626,1
1Section 1. 111.335 (1) (a) of the statutes is renumbered 111.335 (2) (a).
SB626,2 2Section 2. 111.335 (1) (b) of the statutes is renumbered 111.335 (2) (b) and
3amended to read:
SB626,3,84 111.335 (2) (b) Notwithstanding s. 111.322, it is not employment discrimination
5because of arrest record to refuse to employ or license, or to suspend from
6employment or licensing, any individual who is subject to a pending criminal charge
7if the circumstances of the charge substantially relate to the circumstances of the
8particular job or licensed activity, except as provided in sub. (4) (a).
SB626,3 9Section 3. 111.335 (1) (c) of the statutes is renumbered 111.335 (3) (a) and
10amended to read:
SB626,3,1411 111.335 (3) (a) Notwithstanding s. 111.322, it is not employment discrimination
12because of conviction record to refuse to employ or license, or to bar or terminate from
13employment or licensing, any individual who if any of the following applies to the
14individual
:
SB626,3,1715 1. Has Subject to sub. (4) (b) to (d), the individual has been convicted of any
16felony, misdemeanor, or other offense the circumstances of which substantially
17relate to the circumstances of the particular job or licensed activity ; or.
SB626,3,2018 2. Is The individual is not bondable under a standard fidelity bond or an
19equivalent bond where such bondability is required by state or federal law,
20administrative regulation, or established business practice of the employer.
SB626,4 21Section 4. 111.335 (1) (cg) 1. of the statutes is renumbered 111.335 (4) (i) 1.
SB626,5 22Section 5. 111.335 (1) (cg) 2. of the statutes is renumbered 111.335 (4) (i) 2.
SB626,6 23Section 6. 111.335 (1) (cg) 3. of the statutes is renumbered 111.335 (3) (b).
SB626,7 24Section 7. 111.335 (1) (cm) of the statutes is renumbered 111.335 (3) (c) and
25amended to read:
SB626,4,3
1111.335 (3) (c) Notwithstanding s. 111.322, it is not employment discrimination
2because of conviction record to refuse to employ as an installer of burglar alarms a
3person who has been convicted of a felony and has not been pardoned for that felony.
SB626,8 4Section 8. 111.335 (1) (cs) of the statutes is renumbered 111.335 (4) (h).
SB626,9 5Section 9. 111.335 (1) (cv) of the statutes is renumbered 111.335 (3) (d) and
6amended to read:
SB626,4,107 111.335 (3) (d) Notwithstanding s. 111.322, it is not employment discrimination
8because of conviction record to refuse to employ in a position in the classified service
9a person who has been convicted under 50 USC, Appendix, section 462 3811 for
10refusing to register with the selective service system and who has not been pardoned.
SB626,10 11Section 10. 111.335 (1) (cx) of the statutes, as affected by 2017 Wisconsin Act
1259
, is renumbered 111.335 (3) (f).
SB626,11 13Section 11. 111.335 (1) (d) 1. of the statutes is renumbered 111.335 (1m) (a) and
14amended to read:
SB626,4,2515 111.335 (1m) (a) In this paragraph, “educational “Educational agency" means
16a school district, a cooperative educational service agency, a county children with
17disabilities education board, a state prison under s. 302.01, a juvenile correctional
18facility, as defined in s. 938.02 (10p), a secured residential care center for children
19and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and
20Visually Impaired, the Wisconsin Educational Services Program for the Deaf and
21Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental
22Health Institute, a state center for the developmentally disabled, a private school,
23a charter school, a private, nonprofit, nonsectarian agency under contract with a
24school board under s. 118.153 (3) (c), or a nonsectarian private school or agency under
25contract with the board of school directors in a 1st class city under s. 119.235 (1).
SB626,12
1Section 12. 111.335 (1) (d) 2. of the statutes is renumbered 111.335 (3) (e).
SB626,13 2Section 13. 111.335 (1m) of the statutes is created to read:
SB626,5,33 111.335 (1m) Definitions. In this section:
SB626,5,44 (b) “Exempt offense” means any of the following:
SB626,5,65 1. A violation specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051,
6948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
SB626,5,87 2. A violation of the law of another jurisdiction that would be a violation
8described in subd. 1. if committed in this state.
SB626,5,109 (c) “State licensing agency” means a licensing agency that is an agency, as
10defined in s. 227.01 (1).
SB626,5,1111 (d) “Violent crime against a child” means any of the following:
SB626,5,1312 1. A violation of s. 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2.,
133., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).
SB626,5,1414 2. A felony violation of s. 948.03 (3) or (5) (a) 4.
SB626,5,1615 3. A violation of the law of another jurisdiction that would be a violation
16described in subd. 1. or 2. if committed in this state.
SB626,14 17Section 14. 111.335 (2) (title) of the statutes is created to read:
SB626,5,1818 111.335 (2) (title) Discrimination because of arrest record; exceptions.
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