256 1975 CHAPTER --- 1975 Assembly Bill 358 STATE OF WISCONSIN CHAPTER Date published*: LAWS OF 1975 AN ACT to renumber 942.04 (1) (c); to renumber and amend 942.04 (1) (b) and (3); to amend 942.04 (1) (a); and to create 942.04 (1) (b), (3) and (5) of the statutes, relating to discrimination in public accommodations and discrimination by private groups who allow public use of their facilities. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 942.04 (1) (a) of the statutes is amended to read: 942.04 (1) (a) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of his sex, race, color, creed, national origin or ancestry; or SECTION 2. 942.04 (1) (b) and (3) of the statutes is renumbered 942.04 (1) (c) and (4) and amended to read: 942.04 (1) (c) Directly or indirectly publishes, circulates, displays or mails any written communication which he knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of his sex, race, color, creed, national origin or ancestry or that the patronage of a person is unwelcome, objectionable, or unacceptable for any of those reasons; or (4) The person aggrieved may recover damages of not less than $25 $100 and costs in a civil action. SECTION 3. 942.04 (1) (b), (3) and (5) of the statutes are created to read: 942.04 (1) (b) Gives preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, national origin or ancestry; or (3) No person, club or organization may refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, national origin or ancestry, regarding the use of any private facilities commonly rented to the public. Violators of this subsection are subject to the penalties imposed by sub. (1). (5) Nothing in this section shall prohibit separate treatment of persons based on sex with regard to public toilets, showers, saunas and dressing rooms for persons of different sexes. SECTION 4. 942.04 (1) (c) of the statutes is renumbered 942.04 (1) (d). *Section 990.05. Wisconsin Statutes: Laws and acts; time of going into force. "Every law or act which does not expressly prescribe the time it takes effect shall take effect on the day after its publication." --- AN ACT to repeal to renumber 942.04 (1)(c) to renumber and amend 942.04 (1)(b) and (3) to amend 942.04 (1)(a) to repeal and recreate LRB 238 LR ; and to create 942.04 (1)(b), (3) and (5) m of the statutes, relating to discrimination in public accomodations and discrimination by private groups who allow public use of their facilities Analysis by the Legislative Reference Bureau (See reverse side of this form) The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 942.04 (1)(a) of the ******** statutes is amended to read: 942 04/1 (a) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any public place of ac- commodation or amusement because of his race, color, creed, national origin or ancestry; or 7 sex LRB-D-67-la --- Current law prohibits discrimination in the use of public accommodations because of race, color, creed, national origin or ancestry. This bill extends protection from such discrimination to cover sex-based discrimination. The bill also prohibits dis- crimination in the use of facilities by private clubs or other private groups which commonly rent out their facilities for pub- lic use. Finally, the bill increases the civil damages available to persons aggrieved fax by violations of this ****anx law from $25 and costs to $100 and costs. FN >at at least. --- 942.04 (1)c) and (4) SECTION 2. 942.04 (1)(b) renumbered and amended to read: 942.04 (1) and (3) of the statutes are (C) Directly or indirectly publishes, circu- lates, displays or mails any written communi- cation which he knows is to the effect that any of the facilities of any public place of accom- modation or amusement will be denied to any person by reason of his race, color, creed, na- tional origin or ancestry or that the patronage of a person is unwelcome, objectionable or un- acceptable for any of those reasons; or sex LA (4) The person aggrieved may recover dam- ages of not less than 925, and costs in a civil LA $100 action. and (s) SECTION X 3. 942.04 (1)(b), ☛ (3) of the statutes are created to read: 942.04 (1)(b) Gives preferential treatment to some classes of persons in providing services or facilities in any public place of accomodation or amusement because of sex, race, color, creed, national origin or ancestry; or .sub. (1) sub (942.04 (3) ***** No para person, club or organization my may refuse to rent of charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, national origin or ancestry, regarding the use of any private facili- ties commonly rented to the public. Violators of this section are subject to the penalties imposed by 942.04 (1). *x*x*x*x*x* SECTION statutes is renumbered 942.04-(1)(a). --- 238/1 942.04 (5) Nothing in this section shall prohibit separate treatment of persons based on sex with regard to public toilets, showers, saunas and dressing rooms for persons of different sexes. SECTION 4. 942.04 (1)(c) of the statutes is renumbered 942.04 (1)(d). (END) --- LRB FILE COPY (Return to Room 215 North) ASSEMBLY AMENDMENT / to amendment to sub. amdt. TO A BILL 358 . 4-1-75 Offered by Clarenbach 3208 --- 1975 STATE OF WISCONSIN ASSEMBLY AMENDMENT /. TO 1975 ASSEMBLY BILL 358 LRB-3208/1 9 LR:ke 1 2 3 4 5 Amend the bill as follows: 1. On page 2, lines 2 and 9, after "origin" strike through "or" and insert thereafter a scored comma; and after "ancestry" insert ", religion, marital status, handicap, economic status, educational status or sexual preference". 6 2. On page 2, lines 19 and 22, after "origin" delete "or" and 7 substitute a comma; and after "ancestry" insert ", religion, marital 8 9 status, handicap, economic status, educational status or sexual preference". 10 10 (End) --- LRB-legal-74 DRAFTING REQUEST Received by Assign to Reviewed by BF LR LRB 3208 Date Rec'd 3-24 Wanted S A Bill Jt. Res. Res. Sub. Amdt. Amdt. SUBJECT INDEX to AB 358 FOR CLARENBACH Representing INSTRUCTIONS: Instructions by hime Extra Copies protection against discriminating in all parts of the bill the list should include the following: sexx, race, color, creed, national origin, ancerting, religion marital statur, handicap, economic statur, educational status and sexual preference. Attorney 1st LR Typist 2nd 3rd 4th 5th 6th Proofed Submitted Delivered FN Yes No Yes No Yes No Yes No Yes No Yes No FN sent for Received JACKET: (Signature) FN submitted Requested ORIGINAL draft: (Signature) --- 1975 1 2 3 4 5 STATE OF WISCONSIN 1975 ASSEMBLY BILL 358 February 18, 1975 - Introduced by Representatives TESMER and BARBEE; cosponsored by Senator FLYNN. Referred to Committee on Judiciary. LRB-238/1 LR:PP AN ACT to renumber 942.04 (1) (c); to renumber and amend 942.04 (1) (b) and (3); to amend 942.04 (1) (a); and to create 942.04 (1) (b), (3) and (5) of the statutes, relating to discrimination in public accommodations and discrimination by private groups who allow public use of their facilities. Analysis by the Legislative Reference Bureau Current law prohibits discrimination in the use of public accommodations because of race, color, creed, national origin or ancestry. This hill extends protection from such discrimination to Cover sex-based discrimination. The bill also prohibits discrimi- nation in the use of facilities by private clubs or other private groups which commonly rent out their facilities for public use. Finally, the bill increases the civil damages available to persons aggrieved by violations of this law from at least $25 and costs to at least $100 and costs. For further information, see the fiscal note which will be printed as an appendix to the proposal. 7 8 9 10 11 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 942.04 (1) (a) of the statutes is amended to read: 942.04 (1) (a) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any --- 1975 -2- LPB-238/1 LR:pp 1 X 2 3 public place of accommodation or amusement because of his sex, race, color, creed, national origin or ancestry; or SECTION 2. 942.04 (1) (b) and (3) of the statutes is renum- 4 bered 942.04 (1) (c) and (4) and amended to read: 5 942.04 (1) (c) Directly or indirectly publishes, circulates, 6 7 8 X 9 10 11 12 displays or mails any written communication which he knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of his sex, race, color, creed, national origin or ancestry or that the patronage of a person is unwelcome, objectionable, or unacceptable for any of those reasons; or (4) The person aggrieved may recover damages of not less than 13 $25 $100 and costs in a civil action. 14 15 16 17 18 19 20 21 X 22 SECTION 3. 942.04 (1) (b), (3) and (5) of the statutes are created to read: 942.04 (1) (b) Gives preferential treatment to some classes of persons in providing services or facilities in any public place of amusement because of sex, race, color, creed, accommodation national origin or ancestry; or (3) No person, club or organization may refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, national origin or ancestry, 23 regarding the use of any private facilities commonly rented to the Violators of this subsection are subject to the penalties 24 public. 25 imposed by sub. (1). 26 (5) Nothing in this section shall prohibit separate treatment --- 1975 -3- LRB-238/1 LR:PP 1 of persons based on sex with regard to public toilets, showers, 2 saunas and dressing rooms for persons of different sexes. 3 SECTION 4. 942.04 (1) (c) of the statutes is renumbered 4 942.04 (1) (d). 5 (End) --- LRB- - 3208 CR : A AMENDMENT TO Amend the bill TO SUBSTITUTE AMENDMENT TO 1971 1975 A BILL 358 substitute amendment 1. On page 2, lines 2 and 9 AMENDMENT as follows: after "origin" > strike through "or" and insert thereafter a comma; and after "ancestry" insert " ", religion, marital status, handicap, economic status, educational status or sexual preference and after " " 2. On page 2, lines 19 and 22, after "origin" delete "or" and substitute a comma; ancestry" insert", religion, marital status, handicap, economic status, educational status or sexual preference" 9 (END) (Draftsmen will strike through irrelevant material) LRB-D-71-1 --- LRB-FILE COPY (Return to Room 215 North) ASSEMBLY AMENDMENT 2 to _ amendment to sub. amdt. TO A BILL 358. Offered by 78 Shabaz 6-11-75 5356 --- 1975 STATE OF WISCONSIN ASSEMBLY AMENDMENT 2, TO 1975 ASSEMBLY BILL 358 1 2 3 4 5 Amend the bill as follows: 1. On page 1, line 3, delete", (3)". 2. On page 2, line 14, delete ", (3)". 3. On page 2, delete lines 20 to 25. (End) LRB-5356/1 F-LR: gd --- LRB-FILE COPY (Return to Room 215 North) 5356 I-CR ASSEMBLY AMENDMENT to TO ASSEMBLY Amend the bill Offered by BILL 158 3.0 page 2, linexxxxxxx, delete lines 20 to 25. END as follows: 1. On page 1, line 3, accur (6)" delete " (3) ". 2. On page 2, line 14, ter "(b)" delete ", (3)". --- For ALL enrolled bills Date enrolled: Enrolling typist: 3/19/76 (1) What documents were adopted? Original bill........ as amended by ✓ 1975 / Bill 358 75. amendments amendments - 023811 or: substitute amendment 75- as amended by amendments (2) For this bill: (a) 75EF-1 (b) The original bill, or a substitute amendment without further amendments, was passed. Enroll as outlined in Item (3) (b). Incorporate the amendments as shown on the attached pages. Play out each area in which you make a change so that the change can be proofed. Store the result by the LRB number of the original document, followed by "/en"; for instance "75-1234/en" Enroll as outlined in Item (3) (b). FORT (3) Clerical procedure: Signature of enrolling draftsman SEARCHES: First + to be X+2 "the" replace to shorten units (a) Use BIG TYPEWRITER to put identification on: Manila envelope (4 copies for Secretary of State) - Bill cover (to be signed by legislative officers and Governor) (b) Use "/eng" to enroll. (d) #:75-(number/version) eng Use "/x;OFWS;;pa" for PHOTON tape: #;75-HSLIPLAW; (S or A bill number) NEXT NUMBER ;0;-19;-1 BEFORE f NEXT NUMBER $75enAB ... ... ... (reply "y") ... (or A75enSB ...) DOCUMENT **STORED** *** Width: 68 *** *** Depth: 255 *** For PHOTON queue: clear $75en (number) photon-end ****; OFWS;;pa *** Note NUMBER of units Queue for PHOTON as shown above, using the print format "/pa". Call the computer room at 266-2830. Tell the computer room to: a) run PHOTON, and b) put the following information on the tape label: TAPE label: SLIPLAW/NEWSPAP 75en AB358 AB3581- UNITS/PAGES --- LRB FILE COPY (Return to Room 215 North) 238 2/18/75 Representatives ASSEMBLY BILL 358 Introduced by Representatives Lesmes and Barkee Cosponsored by Senator Committee on By request of Flynn Referred to Committee on Judiciary --- 1975 STATE OF WISCONSIN LRB-238/1 LR:PP 1 2 3 4 5 6 7 8 9 10 11 AN ACT to renumber 942.04 (1) (c); to renumber and amend 942.04 (1) (b) and (3); to amend 942.04 (1) (a); and to create 942.04 (1) (b), (3) and (5) of the statutes, relating to discrimination in public accommodations and discrimination by private groups who allow public use of their facilities. Analysis by the Legislative Reference Bureau Current law prohibits discrimination in the use of public accommodations because of race, color, creed, national origin or ancestry. This bill extends protection from such discrimination to cover sex-based discrimination. The bill also prohibits discrimi- nation in the use of facilities by private clubs or other private groups which commonly rent out their facilities for public use. Finally, the bill increases the civil damages available to person aggrieved by violations of this law from at least $25 and costs to at least $100 and costs. For further information, see the fiscal note which will be printed as an appendix to the proposal. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 942.04 (1) (a) of the statutes is amended to read: 942.04 (1) (a) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any --- 1975 -2- LRB-238/1 LR:pp 1 2 3 4 5 6 7 8 public place of accommodation. or amusement because of his sex, race, color, creed, national origin or ancestry; or SECTION 2. 942.04 (1) (b) and (3) of the statutes is renum- bered 942.04 (1) (c) and (4) and amended to read: 942.04 (1) (c) Directly or indirectly publishes, circulates, displays or mails any written communication which he knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of his sex, race, color, creed, national origin or ancestry or that the patronage of a person is unwelcome, objectionable, or unacceptable 11 for any of those reasons; or 9 10 12 (4) The person aggrieved may recover damages of not less than 13 $25 $100 and costs in a civil action. 14 SECTION 3. 942.04 (1) (b), (3) and (5) of the statutes are 15 created to read: 16 1.7 2222222222222 18 19 20 21 B 942.04 (1) (b) Gives preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, national origin or ancestry; or (3) No person, club or organization may refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, national origin or ancestry, 23 regarding the use of any private facilities commonly rented to the 24 public. 25 26 Violators of this subsection are subject to the penalties imposed by sub. (1). (5) Nothing in this section shall prohibit separate treatment --- 1975 -3- LRB-238/1 LR:PP 1 of persons based on sex with regard to public toilets, showers, 2 saunas and dressing rooms for persons of different sexes. 3 4 5 SECTION 4. 942.04 (1) (c) of the statutes is renumbered 942.04 (1) (d). (End) --- 1975 SESSION (Rev. 12/74) TEXT OF. FISCAL NOTE (To be printed with bill) LRB $238 BILL NO. AB358 DRAFT JT. RES. NO. NOTE: Briefly explain the effect this measure will have on the 1975-77 costs, revenues, and positions of STATE government and/or on the 1975-77 costs and revenues of LOCAL government. Also include the long-range effect, specifying estimated costs for the 1977-79 biennium and/or significant changes in the level or source of funds in the 1977-79 biennium compared to the 1975-77 funding. Include the retroactive effect on the 1973-75 biennium, if any. Specify the source of funds for appropriations and the revenues affected. At the end of a long or complicated note, summarize the 1975-77 fiscal effect by source of funds. (SUBMIT FOUR COPIES) This bill does not alter the current administrative procedure for the enforcement of open housing and public accommodations provisions of the statutes. With the addition of sex as a basis for prohibition of discrimination, the number of combined open housing and public accommodations complaints received by the Equal Rights Division may increase to as high as 20% per year for the next two years, but this only amounts to 30 cases. The cost for processing of these additional 30 cases can be absorbed by the Equal Rights Division at its current level of funding. SUMMARY ITEMS GPR Revenues Other Revenues Expenditures Net State Fiscal Impact Additional Positions Required (Use additional sheets if necessary) 1975-77 BIENNIUM Date Agency February 27, 1975 DILHR LONG-RANGE EFFECTS NARRATIVE (Use additional sheets if necessary) Authorized Representative. Hart Unguia --- add backrooms bill - AB 23 (1973) A Amat 5+ Amat / thereto S egal-74 DRAFTING Received by DE Assign to Reviewed by REQUEST A Bill Jt. Res. Res. LRB 238 Date Rec'd Wanted 75 10/14/24 by 10/18/74 possible Sub. Amdt. SUBJECT Ban preferential treatment in public accomdations INDEX Discriminatin Amdt. FOR Terme Representing INSTRUCTIONS: To cure Instructions by Beykfb Extra Copies Re accommodection con - дии - Does not apply to printe problem of same restaurants isolating repainte section for "men only, also P Clubs - But she wants a provision barring private clubs, which rent out facilites to groups, from discriminating noce, sex, coln, cudd, national origen = renting to on foss the facilites Attorney Typist Proofed ? 1st R pp nipp Submitted 16-29 12-18 Delivered FN FN sent for 2nd 3rd See attached) 4th subj. same 5th penalties 6th Yes No Yes No Yes No Yes No Yes No Yes No Received JACKET: 2-19 FN submitted Louise Tesmer Susan (Signature) stre Requested ORIGINAL draft: Rep. Tesmer by 7. m. bokiff (Signature) --- 942.04 (1) (a) and (b) and (3) statutes are amended to read: the q Sex sex) (a) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any public place of ac- commodation or amusement because of his race, color, creed, national origin or ancestry; or (b) Directly or indirectly publishes, circu- lates, displays or mails any written communi- cation which he knows is to the effect that any of the facilities of any public place of accom- modation or amusement will be denied to any person by reason of his race, color, creed, na- tional origin or ancestry or that the patronage of a person is unwelcome, objectionable, or un- acceptable for any of those reasons; or (3) The person aggrieved may recover dam- ages of not less than $25 and costs in a civil action. or gives preferential treatment to some classes of persons in providing services or accommodations in a public place q accommodat on or amusement which is to the public at large, >$100 open For Rep Tesmer 10/14/74 be bette May set out as segurte pas. (an) рал ---