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LRB-2140/1
MIM:emw
2021 - 2022 LEGISLATURE
May 4, 2021 - Introduced by Representatives Moses, Thiesfeldt, Allen,
Armstrong, Brooks, Cabral-Guevara, Callahan, Horlacher, Plumer,
Rozar, Schraa, Sortwell, Wichgers and Ramthun, cosponsored by Senator
Jacque. Referred to Committee on Constitution and Ethics.
AB309,1,11 1An Act to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a),
236.12 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f), 51.90, 66.1011 (1), 66.1201
3(2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195 (5) (c),
4106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52 (3) (a)
51., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5., 106.58,
6111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.70 (2), 111.81 (12) (b), 111.85 (2)
7(b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o),
8227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 440.45 (1), 440.45 (2), 452.14 (3) (n),
9625.12 (2), 632.35 and 756.001 (3); and to create 48.82 (7), 106.50 (1m) (v),
10106.52 (1) (h), 111.32 (15), 111.373 and 628.34 (3) (c) of the statutes; relating
11to:
prohibiting discrimination based on vaccination status.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of vaccination status, which is
defined in the bill as whether an individual has received one or more doses of a
vaccine. The bill also make changes to various discrimination laws, including all of
the following:

1. 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 disability. Current law also requires certain state agencies, authorities, and
corporations to include provisions in contracts they execute obliging the contractor
to similarly not discriminate against any employee or applicant for employment. The
bill adds vaccination status as a prohibited basis for discrimination in these areas.
2. Current law 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 disability. The bill
prohibits the same educational institutions from discriminating against a student
on the basis of the student's vaccination status. The bill also prohibits the UW
System Board of Regents from investing gifts, grants, and bequests in companies
that practice discrimination based on vaccination status.
3. Current law prohibits the exclusion of an individual from jury duty on the
basis of the individual's physical condition. The bill adds vaccination status as a
prohibited basis for exclusion of an individual from jury duty.
4. The bill prohibits discrimination against an otherwise qualified person in the
adoption of minor children because of the person's vaccination status.
5. Current law requires the heads of departments and independent agencies in
the executive branch of state government to determine whether there is arbitrary
discrimination on several bases and to take remedial action if such discrimination
is found. The bill requires these heads to also determine if there is discrimination
on the basis of vaccination status and take remedial action regarding such
discrimination.
6. Current law prohibits discrimination against an employee, prospective
employee, patient, or resident of an approved treatment facility providing treatment
of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on
several bases. The bill adds vaccination status as a prohibited basis of
discrimination.
7. Current law prohibits state agency rules from discriminating against a
person on several bases. The bill adds vaccination status as a prohibited basis of
discrimination.
8. Current law prohibits discrimination on several bases in the provision of
vocational rehabilitation or mental health services. The bill adds vaccination status
to the prohibited bases of discrimination.
9. The bill prohibits an insurer from discriminating against an individual on
the basis of vaccination status and also prohibits motor carriers, automobile
insurers, transportation network companies, and real estate brokers and
salespersons from discriminating against an individual on the basis of vaccination
status.

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:
AB309,1 1Section 1 . 15.04 (1) (g) of the statutes is amended to read:
AB309,3,102 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 vaccination status, as
5defined in s. 111.32 (15),
examine and assess the statutes under which the head has
6powers or regulatory responsibilities, the procedures by which those statutes are
7administered, and the rules promulgated under those statutes. If the department
8or agency head finds any such discrimination, he or she shall take remedial action,
9including making recommendations to the appropriate executive, legislative, or
10administrative authority.
AB309,2 11Section 2 . 16.765 (1) of the statutes is amended to read:
AB309,4,212 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, color, handicap, sex, physical
19condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as
20defined in s. 111.32 (13m), or national origin , or vaccination status, as defined in s.
21111.32 (15),
and, except with respect to sexual orientation and vaccination status,

1obligating the contractor to take affirmative action to ensure equal employment
2opportunities.
AB309,3 3Section 3 . 16.765 (2) of the statutes is amended to read:
AB309,4,214 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
7Economic Development Corporation, and the Bradley Center Sports and
8Entertainment Corporation shall include the following provision in every contract
9executed by them: “In connection with the performance of work under this contract,
10the contractor agrees not to discriminate against any employee or applicant for
11employment because of age, race, religion, color, handicap, sex, physical condition,
12developmental disability, as defined in s. 51.01 (5), sexual orientation or, national
13origin, or vaccination status, as defined in s. 111.32 (15). This provision shall include,
14but not be limited to, the following:
employment, upgrading, demotion or transfer;
15recruitment or recruitment advertising; layoff or termination; rates of pay or other
16forms of compensation; and selection for training, including apprenticeship. Except
17with respect to sexual orientation and vaccination status, the contractor further
18agrees to take affirmative action to ensure equal employment opportunities. The
19contractor agrees to post in conspicuous places, available for employees and
20applicants for employment, notices to be provided by the contracting officer setting
21forth the provisions of the nondiscrimination clause”. clause.”
AB309,4 22Section 4 . 36.09 (1) (e) of the statutes is amended to read:
AB309,5,1023 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the
24system; a chancellor for each institution; a dean for each college campus; the state
25geologist; the director of the laboratory of hygiene; the director of the psychiatric

1institute; the state cartographer; and the requisite number of officers, other than the
2vice presidents, associate vice presidents, and assistant vice presidents of the
3system; faculty; academic staff; and other employees and fix the salaries, subject to
4the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
5for each. The board shall fix the salaries, subject to the limitations under par. (j) and
6s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice
7president, and assistant vice president of the system. No sectarian or partisan tests
8or any tests based upon race, religion, national origin, or sex, or vaccination status,
9as defined in s. 111.32 (15),
shall ever be allowed or exercised in the appointment of
10the employees of the system.
AB309,5 11Section 5. 36.11 (3) (a) of the statutes is amended to read:
AB309,5,1712 36.11 (3) (a) The board shall establish the policies for admission within the
13system and within these policies each institution shall establish specific
14requirements for admission to its courses of instruction. No sectarian or partisan
15tests or any tests based upon race, religion, national origin of U.S. citizens or, sex,
16or vaccination status, as defined in s. 111.32 (15),
shall ever be allowed in the
17admission of students thereto.
AB309,6 18Section 6 . 36.12 (1) of the statutes is amended to read:
AB309,5,2319 36.12 (1) No student may be denied admission to, participation in, or the
20benefits of, or be discriminated against in, any service, program, course, or facility
21of the system or its institutions because of the student's race, color, creed, religion,
22sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital
23status or, parental status, or vaccination status, as defined in s. 111.32 (15).
AB309,7 24Section 7 . 38.04 (13) (b) of the statutes is amended to read:
AB309,6,5
138.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or,
2national origin, or vaccination status, as defined in s. 111.32 (15), be excluded from
3participating in, be denied the benefits of, or be subjected to discrimination under
4any program or activity funded in whole or in part with funds made available under
5this subsection.
AB309,8 6Section 8 . 38.23 (1) of the statutes is amended to read:
AB309,6,117 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, pregnancy, marital
11status or, parental status, or vaccination status, as defined in s. 111.32 (15).
AB309,9 12Section 9 . 47.02 (3m) (f) of the statutes is amended to read:
AB309,6,1813 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services
14under this chapter is determined without regard to sex, race, age, creed, color, or
15national origin, or vaccination status, as defined in s. 111.32 (15), of the individual
16applying for services, that no class of individuals is found ineligible solely on the
17basis of type of disability, and that no age limitations for eligibility exist which that,
18by themselves, would result in ineligibility for vocational rehabilitation services.
AB309,10 19Section 10. 48.82 (7) of the statutes is created to read:
AB309,6,2120 48.82 (7) No otherwise qualified person may be denied the benefits of this
21subchapter because of the person's vaccination status, as defined in s. 111.32 (15).
AB309,11 22Section 11 . 51.90 of the statutes is amended to read:
AB309,7,2 2351.90 Antidiscrimination. No employee, prospective employee, patient, or
24resident of an approved treatment facility, or consumer of services provided under

1this chapter, may be discriminated against because of age, race, creed, color, sex or
2handicap, disability, or vaccination status, as defined in s. 111.32 (15).
AB309,12 3Section 12 . 66.1011 (1) of the statutes is amended to read:
AB309,7,164 66.1011 (1) Declaration of policy. The right of all persons to have equal
5opportunities for housing regardless of their sex, race, color, disability, as defined in
6s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
7origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
8victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
9lawful source of income, age, or ancestry, or vaccination status, as defined in s. 111.32
10(15),
is a matter both of statewide concern under ss. 101.132 and 106.50 and also of
11local interest under this section and s. 66.0125. The enactment of ss. 101.132 and
12106.50 by the legislature does not preempt the subject matter of equal opportunities
13in housing from consideration by political subdivisions, and does not exempt political
14subdivisions from their duty, nor deprive them of their right, to enact ordinances that
15prohibit discrimination in any type of housing solely on the basis of an individual
16being a member of a protected class.
AB309,13 17Section 13 . 66.1201 (2m) of the statutes is amended to read:
AB309,7,2318 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
19facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
20facility, or privilege in any manner for any purpose nor be discriminated against
21because of sex, race, color, creed, sexual orientation, status as a victim of domestic
22abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin,
23or vaccination status, as defined in s. 111.32 (15)
.
AB309,14 24Section 14 . 66.1213 (3) of the statutes is amended to read:
AB309,8,6
166.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
2facility, or privilege under this section may not be denied the right, benefit, facility,
3or privilege in any manner for any purpose nor be discriminated against because of
4sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
5assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination
6status, as defined in s. 111.32 (15)
.
AB309,15 7Section 15 . 66.1301 (2m) of the statutes is amended to read:
AB309,8,138 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
9or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
10or privilege in any manner for any purpose nor be discriminated against because of
11sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
12assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination
13status, as defined in s. 111.32 (15)
.
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