LRB-3503/1
MIM:kjf
2019 - 2020 LEGISLATURE
June 28, 2019 - Introduced by Senators Carpenter, Bewley, Erpenbach, Hansen,
Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith,
L. Taylor and Wirch, cosponsored by Representatives Spreitzer, Zamarripa,
Cabrera, Anderson, Billings, Bowen, Brostoff, Considine, Crowley, Doyle,
Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz,
Kolste, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope,
Riemer, Sargent, Shankland, Sinicki, Stubbs, Stuck, Subeck, C. Taylor,
Vining and Vruwink. Referred to Committee on Government Operations,
Technology and Consumer Protection.
SB308,2,2 1An Act to repeal 111.36 (2); to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09
2(1) (e), 36.11 (3) (a), 36.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f),
348.82 (6), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1),
466.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195
5(5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
6(3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
7106.58, 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (a),
8111.36 (1) (c), 111.36 (1) (d) 1., 111.36 (1) (d) 2., 111.70 (2), 111.81 (12) (b), 111.85
9(2) (b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1)
10(o), 227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2),
11452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and to create 106.50 (1m)
12(kg), 106.52 (1) (cr), 111.32 (7j) and 628.34 (3) (c) of the statutes; relating to:
13discrimination in employment, housing, public accommodations, education,

1insurance coverage, jury duty, and the receipt of mental health or vocational
2rehabilitation services.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of a person's gender identity or
gender expression, which is defined in the bill as a person's gender-related identity,
gender-related appearance, gender-related expression, or gender-related behavior,
regardless of the person's assigned sex at birth or gender identifiers on official
documents issued by a federal, state, or local government agency. The bill also adds
sexual orientation and gender identity or gender expression as bases of
discrimination in certain other laws prohibiting discrimination.
Current law prohibits discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement on the basis of a
person's sex or sexual orientation. Current law also prohibits the University of
Wisconsin System, the Technical College System, public elementary and secondary
schools, and charter schools from discriminating against a student on the basis of the
student's sex or sexual orientation. The bill also prohibits the University of
Wisconsin System, the Technical College System, public elementary and secondary
schools, and charter schools from discriminating against a student based on the
protected status of the student's parent. In addition, current law prohibits exclusion
of a person from jury duty on the basis of the person's sex or sexual orientation.
This bill adds gender identity or gender expression as a prohibited basis for
discrimination in employment, housing, and the equal enjoyment of a public place
of accommodation or amusement; prohibits the UW System, the Technical College
System, public elementary and secondary schools, and charter schools from
discriminating against a student on the basis of the student's gender identity or
gender expression; and prohibits exclusion of a person from jury duty on the basis
of the person's gender identity or gender expression. This bill also removes sex as
a bona fide occupational qualification.
Current law prohibits motor carriers, automobile insurers, and real estate
brokers and salespersons from discriminating against a person on the basis of sex;
prohibits discrimination on the basis of sex in the provision of vocational
rehabilitation or mental health services; and prohibits the UW System Board of
Regents from investing gifts, grants, and bequests in companies that practice
discrimination based on sex.
This bill prohibits motor carriers, automobile insurers, and real estate brokers
and salespersons from discriminating against a person on the basis of sexual
orientation, gender identity, or gender expression; prohibits discrimination on the
basis of sexual orientation, gender identity, or gender expression in the provision of
vocational rehabilitation or mental health services; and prohibits the UW System
Board of Regents from investing gifts, grants, and bequests in companies that
practice discrimination based on sexual orientation, gender identity, or gender
expression.

The bill also generally prohibits an insurer from discriminating against a
person on the basis of age, sex, residence, race, color, creed, religion, national origin,
ancestry, marital status, occupation, sexual orientation, gender identity, or gender
expression.
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:
SB308,1 1Section 1. 15.04 (1) (g) of the statutes is amended to read:
SB308,3,102 15.04 (1) (g) Discrimination review. In order to determine whether there is any
3arbitrary discrimination on the basis of race, religion, national origin, sex, marital
4status or, sexual orientation, as defined in s. 111.32 (13m), or gender identity or
5gender expression, as defined in s. 111.32 (7j),
examine and assess the statutes under
6which the head has powers or regulatory responsibilities, the procedures by which
7those statutes are administered, and the rules promulgated under those statutes.
8If the department or agency head finds any such discrimination, he or she the agency
9head
shall take remedial action, including making recommendations to the
10appropriate executive, legislative, or administrative authority.
SB308,2 11Section 2. 16.765 (1) of the statutes is amended to read:
SB308,4,412 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
15Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall include in all contracts executed by them a
17provision obligating the contractor not to discriminate against any employee or
18applicant for employment because of age, race, religion, national origin, color,
19handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5),

1sexual orientation, as defined in s. 111.32 (13m), or national origin gender identity
2or gender expression, as defined in s. 111.32 (7j),
and, except with respect to sexual
3orientation, gender identity, and gender expression, obligating the contractor to take
4affirmative action to ensure equal employment opportunities.
SB308,3 5Section 3. 16.765 (2) of the statutes is amended to read:
SB308,4,246 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
9Economic Development Corporation, and the Bradley Center Sports and
10Entertainment Corporation shall include the following provision in every contract
11executed by them: “In connection with the performance of work under this contract,
12the contractor agrees not to discriminate against any employee or applicant for
13employment because of age, race, religion, national origin, color, handicap, sex,
14physical condition, developmental disability, as defined in s. 51.01 (5), sexual
15orientation or national origin, as defined in s. 111.32 (13m), or gender identity or
16gender expression, as defined in s. 111.32 (7j)
. This provision shall include, but not
17be limited to, the following:
employment, upgrading, demotion or transfer;
18recruitment or recruitment advertising; layoff or termination; rates of pay or other
19forms of compensation; and selection for training, including apprenticeship. Except
20with respect to sexual orientation, gender identity, and gender expression, the
21contractor further agrees to take affirmative action to ensure equal employment
22opportunities. The contractor agrees to post in conspicuous places, available for
23employees and applicants for employment, notices to be provided by the contracting
24officer setting forth the provisions of the nondiscrimination clause". clause."
SB308,4 25Section 4. 36.09 (1) (e) of the statutes is amended to read:
SB308,5,13
136.09 (1) (e) Subject to par. (em), the board shall appoint a president of the
2system; a chancellor for each institution; a dean for each college campus; the state
3geologist; the director of the laboratory of hygiene; the director of the psychiatric
4institute; the state cartographer; and the requisite number of officers, other than the
5vice presidents, associate vice presidents, and assistant vice presidents of the
6system; faculty; academic staff; and other employees and fix the salaries, subject to
7the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
8for each. The board shall fix the salaries, subject to the limitations under par. (j) and
9s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice
10president, and assistant vice president of the system. No sectarian or partisan tests
11or any tests based upon race, religion, national origin, or sex, sexual orientation,
12gender identity, or gender expression
shall ever be allowed or exercised in the
13appointment of the employees of the system.
SB308,5 14Section 5. 36.11 (3) (a) of the statutes is amended to read:
SB308,5,2215 36.11 (3) (a) The board shall establish the policies for admission within the
16system and within these policies each institution shall establish specific
17requirements for admission to its courses of instruction. No sectarian or partisan
18tests test or any tests test based upon race, color, creed, religion, sex, national origin
19of U.S. citizens or sex a U.S. citizen, disability, ancestry, age, sexual orientation,
20gender identity, gender expression, pregnancy, marital status, or parental status

21shall ever be allowed in the admission of students thereto a student to any service,
22course, program, or facility of the system or any of its institutions
.
SB308,6 23Section 6. 36.12 (1) of the statutes is amended to read:
SB308,6,424 36.12 (1) No student may be denied admission to, participation in, or the
25benefits of, or be discriminated against in, any service, program, course, or facility

1of the system or its institutions because of the student's race, color, creed, religion,
2sex, national origin, disability, ancestry, age, sexual orientation, gender identity,
3gender expression,
pregnancy, marital status, or parental status of the student or of
4the student's parent
.
SB308,7 5Section 7. 36.29 (1) of the statutes is amended to read:
SB308,6,236 36.29 (1) All gifts, grants, and bequests for the benefit or advantage of the
7system or any of its institutions, departments, or facilities or to provide any means
8of instruction, illustration, or knowledge in connection therewith, whether made to
9trustees or otherwise, shall be valid notwithstanding any other provision of this
10chapter except as otherwise provided in this subsection and shall be executed and
11enforced according to the provisions of the instrument making the same, including
12all provisions and directions in any such instrument for accumulation of the income
13of any fund or rents and profits of any real estate without being subject to the
14limitations and restrictions provided by law in other cases; but no such income
15accumulation shall be allowed to produce a fund more than 20 times as great as that
16originally given. No investment of the funds of such gifts, grants, or bequests shall
17knowingly be made in any company, corporation, subsidiary, or affiliate that
18practices or condones through its actions discrimination on the basis of race, religion,
19color, creed, or sex, sexual orientation, gender identity, or gender expression. Except
20as otherwise provided in this section, the board may invest not to exceed 85 percent
21of trust funds held and administered by the board in common stocks. This subsection
22does not apply to a gift, grant, or bequest that the board declines to accept or that the
23board is not authorized to accept under this section.
SB308,8 24Section 8. 38.04 (13) (b) of the statutes is amended to read:
SB308,7,5
138.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or,
2national origin, sexual orientation, gender identity, or gender expression, be
3excluded from participating in, be denied the benefits of, or be subjected to
4discrimination under any program or activity funded in whole or in part with funds
5made available under this subsection.
SB308,9 6Section 9. 38.23 (1) of the statutes is amended to read:
SB308,7,127 38.23 (1) No student may be denied admission to, participation in, or the
8benefits of, or be discriminated against in, any service, program, course, or facility
9of the board or any district because of the student's race, color, creed, religion, sex,
10national origin, disability, ancestry, age, sexual orientation, gender identity, gender
11expression,
pregnancy, marital status, or parental status of the student or of the
12student's parent
.
SB308,10 13Section 10. 47.02 (3m) (f) of the statutes is amended to read:
SB308,7,2014 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services
15under this chapter is determined without regard to the sex, race, age, creed, color,
16or national origin, sexual orientation, gender identity, or gender expression of the
17individual applying for services, that no class of individuals is found ineligible solely
18on the basis of type of disability, and that no age limitations for eligibility exist which
19that, by themselves, would result in ineligibility for vocational rehabilitation
20services.
SB308,11 21Section 11. 48.82 (6) of the statutes is amended to read:
SB308,7,2422 48.82 (6) No otherwise qualified person may be denied the benefits of this
23subchapter because of his or her the person's race, color, ancestry or, national origin,
24sexual orientation, gender identity, or gender expression
.
SB308,12 25Section 12. 51.90 of the statutes is amended to read:
SB308,8,4
151.90 Antidiscrimination. No employee, prospective employee, patient, or
2resident of an approved treatment facility, or consumer of services provided under
3this chapter, may be discriminated against because of age, race, creed, color, sex or
4handicap
, disability, sexual orientation, gender identity, or gender expression.
SB308,13 5Section 13. 66.0125 (3) (a) of the statutes is amended to read:
SB308,8,156 66.0125 (3) (a) The purpose of the commission is to study, analyze, and
7recommend solutions for the major social, economic, and cultural problems that
8affect people residing or working within the local governmental unit, including
9problems of the family, youth, education, the aging, juvenile delinquency, health and
10zoning standards, discrimination in employment and public accommodations and
11facilities on the basis of sex, class, race, religion, sexual orientation, gender identity,
12gender expression,
or ethnic or minority status and discrimination in housing on the
13basis of sex, class, race, religion, sexual orientation, gender identity, gender
14expression,
ethnic or minority status, or status as a victim of domestic abuse, sexual
15assault, or stalking.
SB308,14 16Section 14. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
SB308,8,2217 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit,
18regardless of sex, race, sexual orientation, gender identity, gender expression, or
19color, the right to enjoy equal employment opportunities and to ensure to those
20residents, regardless of sex, race, sexual orientation, gender identity, gender
21expression,
color, or status as a victim of domestic abuse, sexual assault, or stalking,
22the right to possess equal housing opportunities.
SB308,15 23Section 15. 66.0125 (9) of the statutes is amended to read:
SB308,9,624 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly
25relations among all the people in this state, and to that end race, creed, sexual

1orientation, gender identity, gender expression, or color ought not to be made tests
2in the matter of the right of any person to earn a livelihood or to enjoy the equal use
3of public accommodations and facilities and race, creed, sexual orientation, gender
4identity, gender expression,
color, or status as a victim of domestic abuse, sexual
5assault, or stalking ought not to be made tests in the matter of the right of any person
6to sell, lease, occupy, or use real estate.
SB308,16 7Section 16. 66.1011 (1) of the statutes is amended to read:
SB308,9,208 66.1011 (1) Declaration of policy. The right of all persons to have equal
9opportunities for housing regardless of their sex, race, color, disability, as defined in
10s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), gender identity
11or gender expression, as defined in s. 111.32 (7j),
religion, national origin, marital
12status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic
13abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of
14income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and
15106.50 and also of local interest under this section and s. 66.0125. The enactment
16of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
17equal opportunities in housing from consideration by political subdivisions, and does
18not exempt political subdivisions from their duty, nor deprive them of their right, to
19enact ordinances that prohibit discrimination in any type of housing solely on the
20basis of an individual being a member of a protected class.
SB308,17 21Section 17. 66.1201 (2m) of the statutes is amended to read:
SB308,9,2522 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
23facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
24facility, or privilege in any manner for any purpose nor be discriminated against
25because of sex, race, color, creed, national origin, sexual orientation, gender identity,

1gender expression, or
status as a victim of domestic abuse, sexual assault, or
2stalking, as defined in s. 106.50 (1m) (u), or national origin.
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