LRBs0248/1
GMM:jld&kjf:jf
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 122
November 1, 2011 - Offered by Representatives C. Taylor, Kessler, Young, E.
Coggs, Grigsby, Sinicki, Berceau, Bernard Schaber, Pocan, Milroy, Roys,
Seidel, Pope-Roberts and Turner.
AB122-ASA1,1,4
1An Act to create 111.335 (1) (d) of the statutes;
relating to: permitting an
2educational agency to refuse to employ or to terminate from employment a
3person who has been convicted of a violent offense that is a felony and who has
4not been pardoned for that violent offense.
Analysis by the Legislative Reference Bureau
Current law, subject to certain exceptions, prohibits discrimination in
employment based on conviction record. Current 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 substitute amendment specifies that it is
not employment discrimination because of conviction record for an educational
agency to refuse to employ or to terminate from employment an individual who has
been convicted of a violent offense that is a felony and who has not been pardoned
for that violent offense, whether or not the circumstances of the violent offense
substantially relate to the circumstances of the particular job.
Under the substitute amendment, an "educational agency" is defined as a
school district, a cooperative educational service agency, a county children with
disabilities education board, a state prison, a juvenile correctional facility, a secured
residential care center for children and youth, the Wisconsin Center for the Blind and
Visually Impaired, the Wisconsin Educational Services Program for the Deaf and
Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental
Health Institute, a state center for the developmentally disabled, a private school,
a charter school, an agency under contract with a school board to provide a program
for children at risk, or a nonsectarian private school or agency under contract with
the Milwaukee Public Schools board to provide educational programs for children
enrolled in the school district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB122-ASA1, s. 1
1Section
1. 111.335 (1) (d) of the statutes is created to read:
AB122-ASA1,2,122
111.335
(1) (d) 1. In this paragraph, "educational agency" means a school
3district, a cooperative educational service agency, a county children with disabilities
4education board, a state prison under s. 302.01, a juvenile correctional facility, as
5defined in s. 938.02 (10p), a secured residential care center for children and youth,
6as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually
7Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of
8Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health
9Institute, a state center for the developmentally disabled, a private school, a charter
10school, a private, nonprofit, nonsectarian agency under contract with a school board
11under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract
12with the board of school directors in a 1st class city under s. 119.235 (1).
AB122-ASA1,2,1713
2. Notwithstanding s. 111.322, it is not employment discrimination because of
14conviction record for an educational agency to refuse to employ or to terminate from
15employment an individual who has been convicted of a violent offense, as defined in
16s. 301.048 (2) (bm) 1., that is a felony and who has not been pardoned for that violent
17offense.
