106.50 (1m) (c) "Complainant" means a person who files a complaint alleging discrimination in housing or public place of accommodation or amusement.
82,45
Section
45. 106.04 (1m) (d) of the statutes is renumbered 106.50 (1m) (d).
82,46
Section
46. 106.04 (1m) (e) of the statutes is renumbered 106.50 (1m) (e).
82,47
Section
47. 106.04 (1m) (f) of the statutes is renumbered 106.50 (1m) (f).
82,48
Section
48. 106.04 (1m) (g) of the statutes is renumbered 106.50 (1m) (g).
82,49
Section
49. 106.04 (1m) (h) of the statutes is renumbered 106.50 (1m) (h).
82,50
Section
50. 106.04 (1m) (i) of the statutes is renumbered 106.50 (1m) (i).
82,51
Section
51. 106.04 (1m) (j) of the statutes is renumbered 106.50 (1m) (j).
82,52
Section
52. 106.04 (1m) (k) of the statutes is renumbered 106.50 (1m) (k).
82,53
Section
53. 106.04 (1m) (km) of the statutes is renumbered 106.50 (1m) (km).
82,54
Section
54. 106.04 (1m) (L) of the statutes is renumbered 106.50 (1m) (L).
82,55
Section
55. 106.04 (1m) (m) of the statutes is renumbered 106.50 (1m) (m).
82,56
Section
56
. 106.04 (1m) (mm) of the statutes is renumbered 106.50 (1m) (mm).
Note: Sections 39 to 56 place provisions of current s. 106.04, stats., relating to open housing in new s. 106.50 stats., created by this bill.
82,57
Section
57. 106.04 (1m) (n) of the statutes is renumbered 106.52 (1) (d).
Note: This Section moves the definition of "lodging establishment", which is used only in the provisions relating to discrimination in public places of accommodation or amusement, to new s. 106.52, stats., created by this bill.
82,58
Section
58
. 106.04 (1m) (nm) of the statutes is renumbered 106.50 (1m) (nm).
82,59
Section
59
. 106.04 (1m) (om) of the statutes is renumbered 106.50 (1m) (om).
Note: Sections 58 and 59 place definitions in current s. 106.04, stats., relating to open housing in new s. 106.50, stats., created by this bill.
82,60
Section
60. 106.04 (1m) (p) of the statutes is renumbered 106.52 (1) (e).
Note: This Section places the definition of "public place of accommodation or amusement" in new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement created by this bill.
82,61
Section
61
. 106.04 (1m) (q) of the statutes is renumbered 106.50 (1m) (q).
82,62
Section
62. 106.04 (1m) (r) of the statutes is renumbered 106.50 (1m) (r).
82,63
Section
63. 106.04 (1m) (s) of the statutes is renumbered 106.50 (1m) (s) and amended to read:
106.50 (1m) (s) "Respondent" means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing or in providing a public place of accommodation or amusement.
82,64
Section
64
. 106.04 (1m) (t) of the statutes is renumbered 106.50 (1m) (t).
Note: Sections 61 to 64 move definitions that are used in the open housing law to new s. 106.50, stats., created by this bill.
82,65
Section
65
. 106.04 (1s) of the statutes is renumbered 106.50 (1s).
82,66
Section
66. 106.04 (2) of the statutes is renumbered 106.50 (2).
82,67
Section
67. 106.04 (2m) of the statutes is renumbered 106.50 (2m).
82,68
Section
68. 106.04 (2r) of the statutes is renumbered 106.50 (2r).
82,69
Section
69. 106.04 (5m) of the statutes is renumbered 106.50 (5m).
82,70
Section
70. 106.04 (6) of the statutes is renumbered 106.50 (6).
82,71
Section
71
. 106.04 (6m) of the statutes is renumbered 106.50 (6m).
Note: Sections 65 to 71 move provisions relating to administration of the open housing law, discrimination in housing, representations designed to induce panic sales, discrimination in housing against persons with disabilities, exemptions and exclusions, fair housing enforcement and civil actions for discrimination in housing to the new s. 106.50, stats., created by this bill, relating to open housing.
82,72
Section
72
. 106.04 (8) (title) of the statutes is renumbered 106.50 (8) (title).
82,73
Section
73. 106.04 (8) (a) of the statutes is renumbered 106.50 (8) (a) and amended to read:
106.50 (8) (a) If the department finds reasonable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action prohibited under sub. (2), (2m) or (2r), or probable cause to believe that an act has been or is being committed in violation of sub. (9), and that the person is licensed or chartered under state law, the department shall notify the licensing or chartering agency of its findings, and may file a complaint with such agency together with a request that the agency initiate proceedings to suspend or revoke the license or charter of such person or take other less restrictive disciplinary action.
82,74
Section
74
. 106.04 (8) (b) of the statutes is renumbered 106.50 (8) (b).
Note: Sections 72 to 74 place provisions relating to discrimination in housing by licensed or chartered persons in new s. 106.50, stats., created by this bill, relating to open housing.
82,75
Section
75. 106.04 (9) of the statutes is renumbered 106.52 (3).
Note: This Section renumbers a statutory provision relating to discrimination in public places of accommodation or amusement to place it in new s. 106.52, stats., created by this bill.
82,76
Section
76
. 106.04 (10) (title) of the statutes is renumbered 106.52 (4) (title).
82,77
Section
77. 106.04 (10) (a) (title) of the statutes is renumbered 106.52 (4) (a) (title).
82,78
Section
78. 106.04 (10) (a) 1. of the statutes is renumbered 106.52 (4) (a) 1. and amended to read:
106.52 (4) (a) 1. The department may receive and investigate a complaint charging a violation of sub. (9) (3) if the complaint is filed with the department no more than 300 days after the alleged act prohibited under sub. (9) (3) occurred. A complaint shall be a written statement of the essential facts constituting the act prohibited under sub. (9) (3) charged, and shall be verified.
82,79
Section
79. 106.04 (10) (a) 2. of the statutes is renumbered 106.52 (4) (a) 2. and amended to read:
106.52 (4) (a) 2. In carrying out this subsection, the department and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this chapter. The department, upon its own motion, may test and investigate for the purpose of establishing violations of sub. (9)
(3), and may make, sign and file complaints alleging violations of sub. (9) (3), and initiate investigations and studies to carry out the purposes of sub. (9) and this subsection
and sub. (3).
82,80
Section
80. 106.04 (10) (a) 3. of the statutes is renumbered 106.52 (4) (a) 3. and amended to read:
106.52 (4) (a) 3. The department shall employ such examiners as are necessary to hear and decide complaints of acts prohibited under sub. (9) (3) and to assist in the effective administration of this subsection. The examiners may make findings and orders under this subsection.
82,81
Section
81. 106.04 (10) (a) 4. of the statutes is renumbered 106.52 (4) (a) 4. and amended to read:
106.52 (4) (a) 4. If the department finds probable cause to believe that any act prohibited under sub. (9) (3) has been or is being committed, it the department may endeavor to eliminate the discrimination or other act by conference, conciliation and persuasion. If the department determines that such conference, conciliation and persuasion has not eliminated the alleged act prohibited under sub. (9) (3), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under sub. (9) (3) which appear to have been committed, and requiring the person named, in this subsection called the "respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of sub. (9) (3) is alleged to have occurred. A party's The attorney of record for any party may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under sub. (9) (3). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (9) (3), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of sub. (9) and this subsection and sub. (3). The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant, the. The order to shall have the same force as other orders of the department and shall be enforced as provided in this subsection, except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission. If the examiner finds that the respondent has not engaged in an act prohibited under sub. (9)
(3) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.
82,82
Section
82. 106.04 (10) (a) 5. of the statutes is renumbered 106.52 (4) (a) 5. and amended to read:
106.52 (4) (a) 5. At any time after a complaint is filed, the department may file a petition in the circuit court for the county in which the act prohibited under sub. (9)
(3) allegedly occurred, or for the county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this subsection, including an order or decree restraining the respondent from performing an act tending to render ineffectual an order the department may enter with respect to the complaint. The court may grant such temporary relief or restraining order as it the court deems just and proper.
82,83
Section
83. 106.04 (10) (b) of the statutes is renumbered 106.52 (4) (b).
82,84
Section
84. 106.04 (10) (c) of the statutes is renumbered 106.52 (4) (c) and amended to read:
106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the commission under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (9) (3) took place by the filing of a petition for review. The respondent or complainant shall receive a new trial on all issues relating to any alleged act prohibited under sub. (9) (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the commission. In any such trial the burden shall be to prove an act prohibited under sub. (9) (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.
82,85
Section
85. 106.04 (10) (d) (title) of the statutes is renumbered 106.52 (10) (d) (title).
82,86
Section
86. 106.04 (10) (d) 1. of the statutes is renumbered 106.52 (4) (d) 1. and amended to read:
106.52 (4) (d) 1. A person who wilfully violates sub. (9) (3) or any lawful order issued under this subsection shall, for the first violation, forfeit not less than $100 nor more than $1,000.
82,87
Section
87. 106.04 (10) (d) 2. of the statutes is renumbered 106.52 (4) (d) 2. and amended to read:
106.52 (4) (d) 2. A person adjudged to have violated sub. (9) (3) within 5 years after having been adjudged to have violated sub. (9) (3), for every violation committed within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.
82,88
Section
88. 106.04 (10) (d) 3. of the statutes is renumbered 106.52 (4) (d) 3.
82,89
Section
89. 106.04 (10) (e) (title) of the statutes is renumbered 106.52 (4) (e) (title).
82,90
Section
90. 106.04 (10) (e) 1. of the statutes is renumbered 106.52 (4) (e) 1. and amended to read:
106.52 (4) (e) 1. A person, including the state, alleging a violation of sub. (9) (3) may bring a civil action for appropriate injunctive relief, for damages including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees. The attorney general shall represent the department in an action to which the department is a party.
82,91
Section
91. 106.04 (10) (e) 2. of the statutes is renumbered 106.52 (4) (e) 2.
82,92
Section
92
. 106.04 (10) (e) 3. of the statutes is renumbered 106.52 (4) (e) 3.
Note: Sections 76 through 92 place various provisions of current s. 106.04 (10), stats., relating to investigation and review of claims charging discrimination in public places of accommodation or amusement in the new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement.
82,93
Section
93. 106.06 of the statutes is renumbered 106.54.
Note: This Section places the current statutory duties of the division of equal rights in the department of workforce development in new s. 106.54, stats., created by this bill. This provision will be in new subch. III of ch. 106, stats., relating to equal rights programs, created by the bill.
82,94
Section
94
. 106.07 (title) of the statutes is renumbered 106.56 (title).
82,95
Section
95. 106.07 (1) of the statutes is renumbered 106.56 (1).
82,96
Section
96. 106.07 (2) of the statutes is renumbered 106.56 (2).
82,97
Section
97. 106.07 (3) of the statutes is renumbered 106.56 (3).
82,98
Section
98. 106.07 (4) (a) of the statutes is renumbered 106.56 (4) (a) and amended to read:
106.56 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under s. 106.04 (10) 106.52 (4) (b).
82,99
Section
99
. 106.07 (4) (b) of the statutes is renumbered 106.56 (4) (b).
Note: Sections 94 to 99 renumber provisions relating to prohibitions on discrimination on the basis of physical condition or developmental disability in postsecondary education to place them into the new subch. III of ch. 106, stats., relating to equal rights programs created by this bill.
82,100
Section
100. 106.08 of the statutes is renumbered 106.58.
Note: This Section renumbers s. 106.08, stats., relating to discrimination in public education on account of sex, race, religion or national origin to place them in the new subch. III of ch. 106, stats., relating to equal rights programs created by this bill.
82,101
Section
101. Subchapter III (title) of chapter 106 [precedes 106.50] of the statutes is created to read:
chapter 106
subchapter iii
equal rights programs
Note: This Section creates a title for the new subch. III of ch. 106, stats., under which statutes relating to discrimination in housing, public places of accommodation or amusement and education are being placed by this bill.
82,102
Section
102. 106.52 (title) of the statutes is created to read:
Note: This Section creates a title for new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement.
106.52 (title) Public places of accommodation or amusement.
