Note: The change in the title of the renumbered provision reflects that the
provisions in current s. 106.04, stats., that relate to housing discrimination are placed in
a new statute relating only to that topic. Other provisions in current s. 106.04, stats., that
relate to discrimination in public places of accommodation or amusement are placed in
new s. 106.52, stats., created by this bill.
AB640, s. 39 16Section 39 . 106.04 (1) of the statutes is renumbered 106.50 (1).
AB640, s. 40 17Section 40. 106.04 (1m) (intro.) of the statutes is renumbered 106.50 (1m)
18(intro.).
AB640, s. 41 19Section 41. 106.04 (1m) (ad) of the statutes is renumbered 106.50 (1m) (ad).
AB640, s. 42 20Section 42. 106.04 (1m) (am) of the statutes is renumbered 106.50 (1m) (am).
AB640, s. 43
1Section 43. 106.04 (1m) (b) of the statutes is renumbered 106.50 (1m) (b).
AB640, s. 44 2Section 44. 106.04 (1m) (c) of the statutes is renumbered 106.50 (1m) (c) and
3amended to read:
AB640,11,54 106.50 (1m) (c) "Complainant" means a person who files a complaint alleging
5discrimination in housing or public place of accommodation or amusement.
AB640, s. 45 6Section 45. 106.04 (1m) (d) of the statutes is renumbered 106.50 (1m) (d).
AB640, s. 46 7Section 46. 106.04 (1m) (e) of the statutes is renumbered 106.50 (1m) (e).
AB640, s. 47 8Section 47. 106.04 (1m) (f) of the statutes is renumbered 106.50 (1m) (f).
AB640, s. 48 9Section 48. 106.04 (1m) (g) of the statutes is renumbered 106.50 (1m) (g).
AB640, s. 49 10Section 49. 106.04 (1m) (h) of the statutes is renumbered 106.50 (1m) (h).
AB640, s. 50 11Section 50. 106.04 (1m) (i) of the statutes is renumbered 106.50 (1m) (i).
AB640, s. 51 12Section 51. 106.04 (1m) (j) of the statutes is renumbered 106.50 (1m) (j).
AB640, s. 52 13Section 52. 106.04 (1m) (k) of the statutes is renumbered 106.50 (1m) (k).
AB640, s. 53 14Section 53. 106.04 (1m) (km) of the statutes is renumbered 106.50 (1m) (km).
AB640, s. 54 15Section 54. 106.04 (1m) (L) of the statutes is renumbered 106.50 (1m) (L).
AB640, s. 55 16Section 55. 106.04 (1m) (m) of the statutes is renumbered 106.50 (1m) (m).
AB640, s. 56 17Section 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.
AB640, s. 57 18Section 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.
AB640, s. 58 19Section 58 . 106.04 (1m) (nm) of the statutes is renumbered 106.50 (1m) (nm).
AB640, s. 59 20Section 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.
AB640, s. 60 21Section 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.
AB640, s. 61 1Section 61 . 106.04 (1m) (q) of the statutes is renumbered 106.50 (1m) (q).
AB640, s. 62 2Section 62. 106.04 (1m) (r) of the statutes is renumbered 106.50 (1m) (r).
AB640, s. 63 3Section 63. 106.04 (1m) (s) of the statutes is renumbered 106.50 (1m) (s) and
4amended to read:
AB640,12,85 106.50 (1m) (s) "Respondent" means the person accused in a complaint or
6amended complaint of discrimination in housing and any other person identified in
7the course of an investigation as allegedly having discriminated in housing or in
8providing a public place of accommodation or amusement
.
AB640, s. 64 9Section 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.
AB640, s. 65 10Section 65 . 106.04 (1s) of the statutes is renumbered 106.50 (1s).
AB640, s. 66 11Section 66. 106.04 (2) of the statutes is renumbered 106.50 (2).
AB640, s. 67 12Section 67. 106.04 (2m) of the statutes is renumbered 106.50 (2m).
AB640, s. 68 13Section 68. 106.04 (2r) of the statutes is renumbered 106.50 (2r).
AB640, s. 69 14Section 69. 106.04 (5m) of the statutes is renumbered 106.50 (5m).
AB640, s. 70 15Section 70. 106.04 (6) of the statutes is renumbered 106.50 (6).
AB640, s. 71 16Section 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.
AB640, s. 72 17Section 72 . 106.04 (8) (title) of the statutes is renumbered 106.50 (8) (title).
AB640, s. 73 18Section 73. 106.04 (8) (a) of the statutes is renumbered 106.50 (8) (a) and
19amended to read:
AB640,13,9
1106.50 (8) (a) If the department finds reasonable cause to believe that an act
2of discrimination has been or is being committed in violation of this section by a
3person taking an action prohibited under sub. (2), (2m) or (2r), or probable cause to
4believe that an act has been or is being committed in violation of sub. (9),
and that
5the person is licensed or chartered under state law, the department shall notify the
6licensing or chartering agency of its findings, and may file a complaint with such
7agency together with a request that the agency initiate proceedings to suspend or
8revoke the license or charter of such person or take other less restrictive disciplinary
9action.
AB640, s. 74 10Section 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.
AB640, s. 75 11Section 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.
AB640, s. 76 12Section 76 . 106.04 (10) (title) of the statutes is renumbered 106.52 (4) (title).
AB640, s. 77 13Section 77. 106.04 (10) (a) (title) of the statutes is renumbered 106.52 (4) (a)
14(title).
AB640, s. 78 15Section 78. 106.04 (10) (a) 1. of the statutes is renumbered 106.52 (4) (a) 1. and
16amended to read:
AB640,13,2117 106.52 (4) (a) 1. The department may receive and investigate a complaint
18charging a violation of sub. (9) (3) if the complaint is filed with the department no
19more than 300 days after the alleged act prohibited under sub. (9) (3) occurred. A
20complaint shall be a written statement of the essential facts constituting the act
21prohibited under sub. (9) (3) charged, and shall be verified.
AB640, s. 79
1Section 79. 106.04 (10) (a) 2. of the statutes is renumbered 106.52 (4) (a) 2. and
2amended to read:
AB640,14,93 106.52 (4) (a) 2. In carrying out this subsection, the department and its duly
4authorized agents may hold hearings, subpoena witnesses, take testimony and make
5investigations as provided in this chapter. The department, upon its own motion,
6may test and investigate for the purpose of establishing violations of sub. (9) (3), and
7may make, sign and file complaints alleging violations of sub. (9) (3), and initiate
8investigations and studies to carry out the purposes of sub. (9) and this subsection
9and sub. (3).
AB640, s. 80 10Section 80. 106.04 (10) (a) 3. of the statutes is renumbered 106.52 (4) (a) 3. and
11amended to read:
AB640,14,1512 106.52 (4) (a) 3. The department shall employ such examiners as are necessary
13to hear and decide complaints of acts prohibited under sub. (9) (3) and to assist in the
14effective administration of this subsection. The examiners may make findings and
15orders under this subsection.
AB640, s. 81 16Section 81. 106.04 (10) (a) 4. of the statutes is renumbered 106.52 (4) (a) 4. and
17amended to read:
AB640,16,218 106.52 (4) (a) 4. If the department finds probable cause to believe that any act
19prohibited under sub. (9) (3) has been or is being committed, it the department may
20endeavor to eliminate the discrimination or other act by conference, conciliation and
21persuasion. If the department determines that such conference, conciliation and
22persuasion has not eliminated the alleged act prohibited under sub. (9) (3), the
23department shall issue and serve a written notice of hearing, specifying the nature
24and acts prohibited under sub. (9) (3) which appear to have been committed, and
25requiring the person named, in this subsection called the "respondent", to answer the

1complaint at a hearing before an examiner. The notice shall specify a time of hearing,
2not less than 10 days after service of the complaint, and a place of hearing within the
3county in which the violation of sub. (9) (3) is alleged to have occurred. A party's The
4attorney of record for any party may issue a subpoena to compel the attendance of
5a witness or the production of evidence. A subpoena issued by an attorney must be
6in substantially the same form as provided in s. 805.07 (4) and must be served in the
7manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send
8a copy of the subpoena to the appeal tribunal or other representative of the
9department responsible for conducting the proceeding. The testimony at the hearing
10shall be recorded by the department. In all hearings before an examiner, except those
11for determining probable cause, the burden of proof is on the party alleging an act
12prohibited under sub. (9) (3). If, after the hearing, the examiner finds by a fair
13preponderance of the evidence that the respondent has violated sub. (9) (3), the
14examiner shall make written findings and order such action by the respondent as
15will effectuate the purpose of sub. (9) and this subsection and sub. (3). The
16department shall serve a certified copy of the examiner's findings and order on the
17respondent and complainant, the. The order to shall have the same force as other
18orders of the department and shall be enforced as provided in this subsection, except
19that the enforcement of the order is automatically stayed upon the filing of a petition
20for review with the commission. If the examiner finds that the respondent has not
21engaged in an act prohibited under sub. (9) (3) as alleged in the complaint, the
22department shall serve a certified copy of the examiner's findings on the complainant
23and the respondent together with an order dismissing the complaint. If the
24complaint is dismissed, costs in an amount not to exceed $100 plus actual

1disbursements for the attendance of witnesses may be assessed against the
2department in the discretion of the department.
AB640, s. 82 3Section 82. 106.04 (10) (a) 5. of the statutes is renumbered 106.52 (4) (a) 5. and
4amended to read:
AB640,16,135 106.52 (4) (a) 5. At any time after a complaint is filed, the department may file
6a petition in the circuit court for the county in which the act prohibited under sub.
7(9) (3) allegedly occurred, or for the county in which a respondent resides or transacts
8business, seeking appropriate temporary relief against the respondent, pending
9final determination of proceedings under this subsection, including an order or
10decree restraining the respondent from performing an act tending to render
11ineffectual an order the department may enter with respect to the complaint. The
12court may grant such temporary relief or restraining order as it the court deems just
13and proper.
AB640, s. 83 14Section 83. 106.04 (10) (b) of the statutes is renumbered 106.52 (4) (b).
AB640, s. 84 15Section 84. 106.04 (10) (c) of the statutes is renumbered 106.52 (4) (c) and
16amended to read:
AB640,17,217 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of
18an order of the commission under par. (b), the respondent or complainant may appeal
19the order to the circuit court for the county in which the alleged act prohibited under
20sub. (9) (3) took place by the filing of a petition for review. The respondent or
21complainant shall receive a new trial on all issues relating to any alleged act
22prohibited under sub. (9) (3) and a further right to a trial by jury, if so desired. The
23department of justice shall represent the commission. In any such trial the burden
24shall be to prove an act prohibited under sub. (9) (3) by a fair preponderance of the

1evidence. Costs in an amount not to exceed $100 plus actual disbursements for the
2attendance of witnesses may be taxed to the prevailing party on the appeal.
AB640, s. 85 3Section 85. 106.04 (10) (d) (title) of the statutes is renumbered 106.52 (10) (d)
4(title).
AB640, s. 86 5Section 86. 106.04 (10) (d) 1. of the statutes is renumbered 106.52 (4) (d) 1. and
6amended to read:
AB640,17,97 106.52 (4) (d) 1. A person who wilfully violates sub. (9) (3) or any lawful order
8issued under this subsection shall, for the first violation, forfeit not less than $100
9nor more than $1,000.
AB640, s. 87 10Section 87. 106.04 (10) (d) 2. of the statutes is renumbered 106.52 (4) (d) 2. and
11amended to read:
AB640,17,1412 106.52 (4) (d) 2. A person adjudged to have violated sub. (9) (3) within 5 years
13after having been adjudged to have violated sub. (9) (3), for every violation committed
14within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.
AB640, s. 88 15Section 88. 106.04 (10) (d) 3. of the statutes is renumbered 106.52 (4) (d) 3.
AB640, s. 89 16Section 89. 106.04 (10) (e) (title) of the statutes is renumbered 106.52 (4) (e)
17(title).
AB640, s. 90 18Section 90. 106.04 (10) (e) 1. of the statutes is renumbered 106.52 (4) (e) 1. and
19amended to read:
AB640,17,2420 106.52 (4) (e) 1. A person, including the state, alleging a violation of sub. (9) (3)
21may bring a civil action for appropriate injunctive relief, for damages including
22punitive damages, and, in the case of a prevailing plaintiff, for court costs and
23reasonable attorney fees. The attorney general shall represent the department in
24an action to which the department is a party.
AB640, s. 91 25Section 91. 106.04 (10) (e) 2. of the statutes is renumbered 106.52 (4) (e) 2.
AB640, s. 92
1Section 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.
AB640, s. 93 2Section 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.
AB640, s. 94 3Section 94 . 106.07 (title) of the statutes is renumbered 106.56 (title).
AB640, s. 95 4Section 95. 106.07 (1) of the statutes is renumbered 106.56 (1).
AB640, s. 96 5Section 96. 106.07 (2) of the statutes is renumbered 106.56 (2).
AB640, s. 97 6Section 97. 106.07 (3) of the statutes is renumbered 106.56 (3).
AB640, s. 98 7Section 98. 106.07 (4) (a) of the statutes is renumbered 106.56 (4) (a) and
8amended to read:
AB640,18,139 106.56 (4) (a) The department shall receive and investigate complaints
10charging discrimination or discriminatory practices in particular cases, and
11publicize its findings with respect thereto. The department has all powers provided
12under s. 111.39 with respect to the disposition of such complaints. The findings and
13orders of examiners may be reviewed as provided under s. 106.04 (10) 106.52 (4) (b).
AB640, s. 99 14Section 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.
AB640, s. 100 15Section 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.
AB640, s. 101 16Section 101. Subchapter III (title) of chapter 106 [precedes 106.50] of the
17statutes is created to read:
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