1981 STATE OF WISCONSIN ASSEMBLY AMENDMENT 1, TO SENATE AMENDMENT 1, TO 1981 ASSEMBLY BILL 70 February 18, 1982 - Offered by Representative TREGONING. LRBa3585/1 F-JL:bb At the locations indicated, amend the amendment as follows: 1. Page 1, line 7: on lines 7 and 8, delete "requires an affir- mative action program to correct an imbalance in the work force" and substitute: "allows for affirmative action programs relating to sexual 1 2 3 4 5 orientation". 6 (End) --- 1981 STATE OF WISCONSIN SENATE AMENDMENT 1, TO 1981 ASSEMBLY BILL 70 LRBA2850/1 JL: 1t February 11, 1982 - Offered by COMMITTEE ON STATE and LOCAL AFFAIRS and TAXATION. 1 2 At the locations indicated, amend the bill as follows: 1. Page 2, line 17: strike through the comma; and after "and" 3 insert " 2 except with respect to sexual orientation, ". 4 5 6 7 8 9 2. Page 2, line 28: "Except with respect to sexual orientation, the". 3. Page 9, line 22: after that line insert: "Nothing in this sub- section requires an affirmative action program to correct an imbalance in the work force.". 4. Page 13, line 21: after the period insert: "Gender group does not include any group discriminated against because of sexual orientation. strike through "The" and thereafter insert 10 11 (End) --- KC: It earn his a livelihood or to enjoy the equal use of public accommodations and facilities. 1 estate or to 2 3 SECTION 12. 101.22 (1), (1m) (b), (2m) and (4n) of the statutes, are amended to read: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 21 22 22 23 24 24 101.22 (1) INTENT. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation as defined in s. 111.32 (4s), handicap, religion, national origin, sex or marital status of the person maintaining the household, lawful source of income, age or ancestry and it is the duty of the local units of government to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under s. 66.433. The legislature hereby extends the state law governing equal housing opportunities to residences which are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be deemed an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity and human rights of the people of this state. cover single-family mean to segregate, (1m) (b) "Discriminate" and "discrimination" separate, exclude or treat any person or class of persons unequally because of sex, race, color, handicap, sexual orientation as defined in s. 111.32 (4s), religion, national origin, sex or marital status of the 25 person maintaining a household, lawful source of income, age or ancestry. 26 22 27 It is intended that the factors set forth herein shall be the sole bases for prohibiting discrimination. --- 1981 -8-- LRB-0124/2 KC: It 1 2 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (2m) REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES. Fe-is-uniawini to No person may induce or attempt to induce any person to sell, rent or lease any dwelling by representations regarding the present or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sexual orientation or economic status, or by representations to the effect that such present or prospective entry will or may result in: a) the lowering of real estate values in the area concerned; b) a deterioration in the character of the area concerned; c) an increase in criminal or antisocial behavior in the area concerned; or d) a decline in the quality of the schools or other public facilitics serving the area. (4n) REQUIRING REFERENCES. Nothing in this section shall-be-deemed-to prohibit prohibits an owner; or agent; from requiring that any person who seeks to buy, rent or lease housing supply information concerning family, marital, financial and business status but not concerning race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or creed. SECTION 13. 101.221 (1) of the statutes is amended to read: as 101.221 (1) The equal rights council shall disseminate information and attempt by means of discussion well as other proper means to educate the people of the state to a greater understanding, appreciation and practice of human rights for all people, of whatever race, creed, color, sexual orientation or national origin, to the end that Wisconsin this state will be a better place in which to live. SECTION 14. 111.31 (1) to (3) of the statutes are amended to read: 111.31 (1) The practice of denying employment and other opportunities to, and discriminating against, properly qualified persons race, creed, color, handicap, sex, national 27 28 by reason of their age, --- 1981 -9- LRB-0124/2 KC: 1t 1 origin, ancestry, sexual orientation, arrest record or conviction record, 2 3 S likely to foment domestic strife and unrest, and substantially and 3 4 5 6 7 8 9 10 11 12 13 14 adversely affect the general welfare of a state by depriving it of the The denial by some fullest utilization of its capacities for production. employers, licensing agencies and labor unions of employment opportunities to such persons solely because of their age, race, creed, color, handicap, sex, national origin, ancestry, sexual orientation, arrest record or conviction record, and discrimination against them in employment, tends to deprive the victims of the earnings which are necessary to maintain a just and decent standard of living, thereby committing grave injury to them. (2) It is believed by many students of the problem that protection by law of the rights of all people to obtain gainful employment, and other privileges free from discrimination because of age, race, creed, color, handicap, sex, national origin er, ancestry or sexual orientation, would remove certain recognized sources of strife and unrest, and encourage the full utilization of the productive resources of the state to the benefit 17 of the state, the family and to all the people of the state. 15 16 18 19 20 21 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified persons regardless of their age, race, creed, 22 color, handicap, sex, national origin or, ancestry or sexual orientation. This subchapter shall be liberally construed for the accomplishment of this purpose. 23 24 25 26 27 28 SECTION 15. 111.32 (4s) of the statutes is created to read: 111.32 (4s) "Sexual orientation" means having a preference for heterosexuality, homosexuality, bisexuality, having a history of such a preference or being identified with such a preference. --- KC:1t 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 SECTION 16. 111.32 (5) (a) of the statutes is amended to read: 111.32 (5) (a) "Discrimination" means discrimination because of age, race, color, handicap, sex, creed, national origin, ancestry, sexual orientation, arrest record or conviction record, by an employer or licensing agency individually or in concert with others, against any employe or any applicant for employment or licensing, in regard to hire, tenure or term, condition or privilege of employment or licensing and by any labor organization against any member or applicant for membership, and also includes discrimination on any of said grounds in the fields of housing, recreation, education, health and social welfare as related to a condition or privilege of employment. SECTION 17. 111.32 (5) (i) of the statutes is created to read: 111.32 (5) (i) It is discrimination because of sexual orientation: or licensure 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse to hire, employ, admit or license, or to bar or terminate from employment, membership or any individual, or to discriminate against an individual in promotion, compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation; or 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge or otherwise discriminate 222 22 against any person because he or 23 she has opposed any discriminatory practices under this paragraph or because he or she has made a complaint, 24 testified or assisted in any proceeding under this paragraph. 25 26 27 28 SECTION 18. 111.70 (2) of the statutes is amended to read: 111.70 (2) RIGHTS OF MUNICIPAL EMPLOYES. Municipal employes shall have the right of self-organization, and the right to form, join or assist labor organizations, to bargain collectively through representatives of --- 1981 -11- LRB-0124/2 KC: 1t 1 their own choosing, and to engage in lawful, concerted activities for the 2 purpose of collective bargaining or other mutual aid or protection, and 3 4 such employes shall have the right to refrain from any and all such activities except that employes may be required to pay dues in the manner 5 provided in a fair-share agreement. Such fair-share agreement shall be subject to the right of the municipal employer or a labor organization to 6 7 petition the commission to conduct a referendum. Such petition 8 9 10 11 12 must be supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be terminated. Upon SO finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employes, it shall be deemed terminated. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual 16 orientation, creed or sex to receive as a member any employe of the municipal employer in the bargaining unit involved, and such 13 14 15 agreement shall be made subject to this duty of the commission. Any of the parties 17 18 19 to such agreement or any municipal employe covered thereby may come before commission, as provided in s. 111.07, and ask the performance of this 20 the 21 22 23 23 duty. SECTION 19. 111.81 (9) (b) of the statutes is amended to read: 111.81 (9) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual 24 25 orientation or national origin. 26 SECTION 20. 111.85 (1) of the statutes is amended to read: 27 111.85 (1) No fair-share agreement shall become effective unless 28 authorized by referendum. The authorization of such fair-share agreement --- 1981 -12- LRB-0124/2 KC: 1t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 shall continue thereafter subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum on the subject. Such petition must be supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the agreement is approved by the referendum by at least the number of employes required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the above procedure. If the continuation of the agreement is not supported in any referendum, it shall be deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any employe in the bargaining unit involved, and such agreement shall be made 19 subject to the findings and orders of the commission. Any of the parties to such agreement or any employe covered thereby, may come before the commission, as provided in S. 111.07, and allege a violation of this 15 16 17 18 20 20 21 222 23 24 25 provision. SECTION 21. 227.033 (1) of the statutes is amended to read: 227.033 (1) No rule, either in its terms or in its application, shall may discriminate for or against any person by reason of sex, race, creed, 26 color, sexual orientation, national origin or ancestry. A rule which discriminates for or against any person by reason of physical condition or 27 282 28 developmental disability as defined in s. 51.01 (5) shall be permitted > --- H 1981 -13- LRB-0124/2 KC:1t 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 225 26 27 28 only if that rule is strictly necessary to a function of the agency and is supported by data demonstrating that necessity. Every person affected by a rule shall be entitled to the same benefits and subject to the same obligations as any other person under the same or similar circumstances. SECTION 22. 230.01 (2) of the statutes is amended to read: 230.01 (2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, handicap, sex, national origin, ancestry, sexual orientation or political affiliation. If there are substantial disparities between the proportions of members of racial, ethnic, gender, or handicap groups in a classified civil service classification in an agency and the proportions of such groups in this state, it is the policy of this state to take affirmative action which is not in conflict with other provisions of this subchapter to correct the imbalances and to eliminate the present effects of past discrimination. It is the policy of the state to ensure its employes opportunities for satisfying careers and fair treatment based on the value of each employe's services. SECTION 23. 230.18 of the statutes is amended to read: 230.18 POLITICAL OR RELIGIOUS AFFILIATIONS; NO DISCRIMINATION. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious --- 1981 -14- LRB-0124/2 KC: 1t 1 opinions or affiliations of any applicant nor may any inquiry be made 2 concerning such opinions or affiliations and all disclosures thereof shall 3 be 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 23 discountenanced except that the administrator may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, handicap, race, color, sexual orientation national origin or ancestry except as otherwise provided. SECTION 24. 234.29 of the statutes is amended to read: 234.29 EQUALITY OF OCCUPANCY AND EMPLOYMENT. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, sexual orientation or creed, and that contractors and subcontractors engaged in the construction of housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation creed. or SECTION 25. 942.04 (1) (a) to (c) and (3) of the statutes are amended to read: 942.04 (1) 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 sex, race, color, creed, physical condition, developmental disability as defined in S. 51.01 (5), sexual 25 orientation as defined in s. 111.32 (4s), national origin or ancestry; or (b) Gives preferential treatment to some classes of persons in 24 26 225 27 providing services or facilities in any public place of accommodation or , ) --- 1981 -15- LRB-0124/2 KC: 1t 1 amusement because of sex, race, color, creed, sexual orientation, national 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 origin or ancestry; or (c) Directly or indirectly publishes, circulates, displays or mails any written communication which the communicator 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 sex, race, color, creed, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation, national origin or ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons; or (3) of sex, No person, club or organization may refuse to rent, charge a higher price than the regular rate or give preferential treatment, because race, color, creed, sexual orientation, 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). (End) --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 1981 ASSEMBLY BILL 70 ☐ ORIGINAL ☐ CORRECTED ☐ UPDATED SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable Subject Fiscal Effect State: DISCRIMINATION ON SEXUAL ORIENTATION ☑No State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. Increase Existing Appropriation ☐ Decrease Existing Appropriation Create New Appropriation Increase Existing Revenues Decrease Existing Revenues Increase Costs - May Be Possible to Absorb Within Agency's Budget ☐ Decrease Costs Yes No Local: No local government costs 1. Increase Costs Permissive Mandatory 2. Decrease Costs Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues Permissive Mandatory ☐ Counties Cities 5. Types of Local Governmental Units Affected: Towns Villages ☐ Others Mandatory Affected Ch. 20 Appropriations Fund Sources Affected GPR FED PRO PRS SEG SEG-S Assumptions Used in Arriving at Fiscal Estimate This bill prohibits discrimination based upon sexual orientation and defines sexual orientation. Adding this non-discrimination category to current status will have no fiscal impact. Long-Range Fiscal Implications Agency Dept. of Administration Authorized Signature/Telephone No. 6-0653 Date 2-6-81 --- 1981 A.B. 70 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) ☑ORIGINAL Subject UPDATED CORRECTED SUPPLEMENTAL DISCRIMINATION ON SEXUAL ORIENTATION LRB or Bill No./Adm. Rule No. AB70 1981 Session Amendment No. 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): 11. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). Annualized fiscal impact on State funds from: Increased Costs Decreased Costs A. State Costs by Category Salaries and Fringes Staff Support Costs Other State Costs Local Assistance Aids to Individuals or Organizations $ TOTAL State Costs by Category $ $ + B. State Costs by Source of Funds Increased Costs Decreased Costs GPR $ $ + FED PRO/PRS SEG/SEG S Increased Pos. Decreased Pos. C. FTE Position Changes + ( lil. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. Decreased Rev. Increased Rev. GPR Taxes $ $ + GPR Earned FED PRO/PRS SEG/SEG S TOTAL State Revenues $ $ Net Annualized Fiscal Impact on State & Local Funds State Annual Increases Annual Decreases Local Annual Increases Annual Decreases Total Costs $ + Total Costs $ $ + Total Revenues $ NET Impact (+) or on State Funds (-) Agency Department of Administration Total Revenues NET Impact on Local Funds (+) Or (-) 6-0653 Authorized Signature/Telephone No Rex Owens Date 2-6-81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) Subject 1981 ASSEMBLY BILL 70 ☑ORIGINAL ☐ CORRECTED UPDATED ☐ SUPPLEMENTAL Fiscal Estimate--1981 Bill No. A70 Fiscal Effect State: ☑No State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. Increase Existing Appropriation Decrease Existing Appropriation ☐ Create New Appropriation No local government costs Increase Costs Increase Existing Revenues Decrease Existing Revenues Local: 1. ☐ Permissive ☐ Mandatory 2. Decrease Costs 3. Increase Revenues Permissive ☐ Mandatory ☐ Permissive ☐ Mandatory 4. Decrease Revenues ☐ Permissive Mandatory Fund Sources Affected ☑ GPR ☐ FED PRO PRS ☐ SEG ☐ SEG-S 1981 Session LRB or Bill No./Adm. Rule No. A70 Amendment No. if Applicable Increase Costs - May Be Possible to Absorb Within Agency's Budget ☐ Yes ☐ Decrease Costs No ☐ Cities 5. Types of Local Governmental Units Affected: Towns Villages ☐ Counties ☐ Others Affected Ch. 20 Appropriations Assumptions Used in Arriving at Fiscal Estimate The Personnel Commission has jurisdiction over the area of employment only, and then only as to the State as an employer. It is impossible to estimate the number of additional complaints which the Commission would receive, in the absence of any data regarding this pro- tected group. Over a six-year period the Madison Equal Opportunity Commission has received only 7 complaints based on sexual orientation, 1.2% of the total of 584 employment complaints. There is potential for a small increase in complaints. The financial impact will be minimal, since no additional staff will be employed to process these complaints. Long-Range Fiscal Implications None anticipated Authorized Signature/Telephone No. Date Agency 6-9571 State Personnel Commission Charlotte M. High 2/16/81 --- 1981 ASSEMBLY BILL 70 FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) X ORIGINAL ☐ UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL 1981 Sessioni LRB or Bil! No./Adm Rute No. A-70 Amendment No. if Applicable Subject This bill prohibits discrimination based upon the sexual orientation of an individual in the areas of employment, housing & public accommodations Fiscal Effect State: XXNo State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. ☐ Increase Existing Appropriation ☐ Decrease Existing Appropriation Create New Appropriation Increase Existing Revenues Decrease Existing Revenues Increase Costs May Be Possible to Ausca Within Agency's Budget Yes No Decrease Costs Local: No local government costs 1. Increase Costs Permissive Mandatory 2. Decrease Costs Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues Permissive Mandatory Cities 5. Types of Local Governmental Units Atfeed Towns Counties villages Others Mandatory Affected Ch. 20 Appropriations Fund Sources Affected GPR FED PRO PRS SEG [ SEG-S Assumptions Used in Arriving at Fiscal Estimate The As currently drafted 1979 AB 70 would place the principal responsibility for enforcement in the Department of Industry, Labor and Human Relations, other state and federal agencies and the courts. only changes in the laws administered by the Employment Relations Commission is the new provision adding "sexual orientation" to the existing list of prohibited forms of discrimination which, if proven, would provide a basis for suspending a union's fair-share agreement. See Sections 18, 19 and 20 of 1979 AB 70 amending Sections 111.70 (2), 111.81 (9) (b) and 111.81 (1) of Wis. Stats. Based on the Commission's current experience with the administration of these provisions, we anticipate that this bill, as currently drafted, will have an insub- stantial impact on our caseload. Long-Range Fiscal Implications Agency Authonzert Signature Telephone No Employment Relations Commission 2/16/81 --- 1981 A. B. 70 1801 STAMITZ FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) Subject ☑ORIGINAL □ UPDATED JAMIDIRO CORRECTED ☐ SUPPLEMENTAL LRB or Bill No./Adm. Rule No. Assembly Bill 70 Prohibit Discrimination Based on Sexual Orientation 1981 Session Amendment No. 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): None II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). Increased Costs Annualized fiscal impact on State funds from: Decreased Costs A. State Costs by Category Salaries and Fringes Staff Support Costs Other State Costs Local Assistance Aids to individuals or Organizations $ $ + TOTAL State Costs by Category $ $ + B. State Costs by Source of Funds Increased Costs Decreased Costs GPR $ $ FED PRO/PRS SEG SEG-S C. FTE Position Changes III. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. GPR Taxes GPR Earned FED PRO/PRS SEC/SEG-S Increased Pos. Decreased Pos. ) Decreased Rev. Increased Rev. $ $ TOTAL State Revenues $ $ + Net Annualized Fiscal Impact on State & Local Funds State Annual Increases Annual Decreases Local Annual Increases Annual Decreases None None Total Costs $ $ + Total Costs S on DER on DER $ + Total Revenues + NET Impact on State Funds Agency Department of Employment Relations None on DER $ None Total Revenues on DER (+) or None on DER NET Impact $ (+) on Local Funds Authorized Signature/Telephone No. Date Alan G. Jaxi 266-1254 2-12-81 Glitzkis --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) Subject 1981 A. B. 70 ☑ORIGINAL ☐ CORRECTED. ☐ UPDATED ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable Prohibition of discrimination based upon the sexual orientation of an individua. in the areas of employment, housing and public accommodations. Fiscal Effect State: No State Fiscal Effect Local: Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. Increase Existing Appropriation ☐ Decrease Existing Appropriation ☐ Create New Appropriation 1. Increase Costs ☐ Increase Existing Revenues ☐ Decrease Existing Revenues No local government costs 3. Increase Revenues ☐ Permissive ☐ Mandatory 2. Decrease Costs ☐ Permissive ☐ Mandatory ☐ Permissive ☐ Mandatory 4. Decrease Revenues Permissive Mandatory Fund Sources Affected ☑ GPR FED PRO PRS ☐ SEG SEG-S ☑Increase Costs - May Be Possible to Absorb Within Agency's Budget ☑ Yes No ☐ Decrease Costs 5. Types of Local Governmental Units Affected: ☐ Towns ☐ Counties Villages Others Cities Affected Ch. 20 Appropriations Assumptions Used in Arriving at Fiscal Estimate 1. 2. 3. 4. In the area of housing, employment and public accommodations, this bill provides essentially the same coverage regarding sexual orientation as a Madison city ordinance. It is anticipated therefore that the state's experience in terms of the percentages of persons filing charges based on sexual orientation as compared to total charges filed would probably be similar to that of the city of Madison. The city of Madison over the past 5 years averages 2% of its housing cases This would mean and 1% of its employment cases based on sexual orientation. that in an average year, we might receive twenty such employment charges and one or less housing cases. It is assumed that this type of discrimination is more prevalent in the state than would be indicated by Madison's statistics since: a) Madison is somewhat more of a liberal minded community and hence probably not as likely to discriminate against persons on this basis. While many persons may be discriminated against because of their sexual orientation, these persons may fear attracting public b) attention to themselves by filing such a charge and thus do not file. Passage of this bill would only increase the division's workload by 1-2% and could be absorbed without permanently increasing appropriations. Continued on the attached sheet Long-Range Fiscal Implications 1-2% increase in number of cases processed. This cost can be absorbed within current budget and future budgets adjusted for inflation. Agency Equal Rights Division Authorized Signature/Telephone No James S. 6-7552 Hem Dept. of Industry, Labor & Human Relations Relation Date 7/12/81 --- 1981 A. B. 70 Ianblyth Ms. Sheedy 5. 6. AB 70 HOW STAMIT23 JADE19 Since sexual orientation is a new type of protected classification, our equal rights staff would have to receive training to properly sensitize them to this area of coverage, to help them learn investi- gative procedures useful in such cases and to learn what types of proof are most useful in proving such charges. The estimated cost of providing such training for 35 employees is $2,000. Passage of this law would necessitate reprinting the following tim to brochures and posters: ERD-4531 Fair Employment Poster Quantity 100,000 Cost $1000 ERD-5387 ERD-6061 (Required to be posted by all employers) Fair Employment Law 30,000 $ 500 Employment Discrimination Complaint Guide 30,000 $ 300 ERD-4048 Wisconsin's Open Housing Law 10,000 $ 200 ERD-4808 Wisconsin's Public Accommodations Law 10,000 $ 200 TOTAL $2200 JATOT --- FISCAL 1981 A. B. 70 1981 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) ☑ORIGINAL CORRECTED UPDATED SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. Subject Prohibition of discrimination based upon the sexual orientation of an individual in the area of employment, housing and public accommodations. 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): See assumptions #25 & 6 = 4,200 II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). A. State Costs by Category Salaries and Fringes Annualized fiscal impact on State funds from: Increased Costs Decreased Costs $ $ + 0 Staff Support Costs I 0 + 0 Other State Costs + 0 Local Assistance 0 + 0 Aids to Individuals or Organizations - 0 + 0 TOTAL State Costs by Category $ 0 $ + 0 B. State Costs by Source of Funds Increased Costs Decreased Costs GPR S 0 $ + 0 0 0 FED + PRO/PRS 0 + 0 SEG SEG-S 0 + 0 Increased Pos. Decreased Pos. C. FTE Position Changes III. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. + (0 ) -0 Decreased Rev. Increased Rev. GPR Taxes $ 0 $ + 0 GPR Earned FED PRO/PRS SEG/SEG-S 0 + 0 0 + 0 - 0 + 0 0 + 0 $ + TOTAL State Revenues $ - State Annual Increases Annual Decreases Net Annualized Fiscal Impact on State & Local Funds Local Annual Increases Annual Decreases Total Costs $ 0 $ + 0 Total Costs $ - 0 $ + 0 Total Revenues + 0 0 Total Revenues + 0 0 NET Impact on State Funds $ (+) or 0 (-) Agency Dept. of Industry, Labor & Human Rel. Equal Rights Division NET Impact on Local Funds Authorized Signature/Telephone No. Date homes D. Haney 1552 2/12/81 S (+) or 0 (-) --- Mone knova 1981 ASSEMBLY BILL 70 ORIGINAL COMPACTED Mentation ATED 1981 --- REET 191 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 8.A 1891 1981 ASSEMBLY BILL 70 ORIGINAL CORRECTED ☐ UPDATED ☐ SUPPLEMENTAL 1981 Session H2LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable Subject Non-discrimination for sexual orientation Fiscal Effect State: Local: ☑No State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. ☐ Increase Existing Appropriation ☐ Decrease Existing Appropriation ☐ Create New Appropriation ☐ Increase Existing Revenues ☐ Decrease Existing Revenues ☐ Increase Costs - May Be Possible to Absorb Within Agency's Budget [Yes ☐ Decrease Costs No No local government costs 1. Increase Costs ☐ Permissive 2. ☐ Decrease Costs Mandatory ☐ Permissive Mandatory 3. Increase Revenues ☐ Permissive 4. Decrease Revenues Permissive Mandatory ☐ Counties 5. Types of Local Governmental Units Affected: Towns Villages Others. Cities Mandatory Affected Ch. 20 Appropriations Fund Sources Affected ☐ GPR ☐ FED PRO PRS ☐ SEG ☐ SEG-S none Assumptions Used in Arriving at Fiscal Estimate This bill will have no known fiscal impact. Long-Range Fiscal Implications None known. Agency Authorized Signature/Telephone No. Date Military Affairs Piteſt. William 241-6406 2/11/81 --- 1981 STATE OF WISCONSIN LRBa3258/1 JL: aw School Board Assoc. SENATE AMENDMENT TO 1981 ASSEMBLY BILL 70 At the locations indicated, amend the bill as follows: 1. Page 10, line 13: after "(i)" insert "1.". 3 2. Page 10, line 14: delete "1." and substitute "a.". 3. Page 10, line 20: delete "2." and substitute "b.". 5 4. Page 10, line 24: after that line insert: 6 2. The prohibition against discrimination because of sexual orien- 7 tation does not apply to any public school as defined in s. 115.01 (1).". (End) --- 2-18 LRB-FILE COPY (Return to Room 215 North) ASSEMBLY AMENDMENT to 00 / Senate Amendment 1 TO Assembly Offered by BILL 70 Tregoning i Amend as follows: an 1. On page 1, line 7-8, strike "requires affirmative action program to correct an imbalance in the work force. " and after "section" insert "allows for " affirmative action programs relating to sexual orientation. " --- 1981 A. B. 70 122A OT 1118 Y1832 1891 STAMITES JAZIR UPDATED CORRECTED ☐ SUPPLEMENTAL LRB or Bill No./Adm. Rule No. AB 70 1981 Session Amendment No. nois3 7801 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) Subject ORIGINAL 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): none II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). Increased Costs Annualized fiscal impact on State funds from: Decreased Costs A. State Costs by Category Salaries and Fringes Staff Support Costs Other State Costs Local Assistance Aids to Individuals or Organizations $ + TOTAL State Costs by Category $ $ + B. State Costs by Source of Funds Increased Costs Decreased Costs GPR $ $ + FED PRO/PRS SEG/SEG-S C. FTE Position Changes III. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. GPR Taxes GPR Earned FED PRO/PRS SEG/SEG-S S Increased Pos. Decreased Pos. + Decreased Rev. Increased Rev. $ + TOTAL State Revenues $ $ Net Annualized Fiscal impact on State & Local Funds State Annual Increases Annual Decreases Local Annual increases Annual Decreases Total Costs $ $ Total Costs + S $ + Total Revenues $ NET Impact on State Funds Agency Military Affairs (+) or ( 00 Total Revenues NET Impact on Local Funds Authorized Signature/Telephone No. $ 241-6406 (+) 0 or () 0 Date 2/11/81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 1981 A. B. 7081 ORIGINAL ☐ CORRECTED ☐ UPDATED SUPPLEMENTAL Subject Prohibiting discrimination based upon sexual orientation Fiscal Effect State: No State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation.. Increase Existing Appropriation Decrease Existing Appropriation Create New Appropriation No local government costs ☐ Increase Existing Revenues Decrease Existing Revenues Page 1 of 2 A1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable Increase Costs - May Be Possible to Absorb Within Agency's Budget [X Yes No ☐ Decrease Costs Local: 1. Increase Costs ☐ Permissive ☑Mandatory 2. Decrease Costs Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues Permissive Mandatory Mandatory Cities 5. Types of Local Governmental Units Affected: Towns Villages Others ☑Counties authorities and g relations-social development commissions Affected Ch. 20 Appropriations Fund Sources Affected GPR FED PRO PRS SEG SEG-S Assumptions Used in Arriving at Fiscal Estimate The fiscal This bill prohibits discrimination based upon the sexual orientation of an individual in the areas of employment, housing and public accommodations. effect on the Department of Development and local governments includes: The fiscal impact on the Department of Development is likely to be negligible. The Department may have to expand the existing enforcement procedures in its adminis- trative procedures relating to the areas of employment and contract assurances to reflect the changes provided in this bill. The resources required to modify the administrative procedures in all likelihood will be allocated from the existing staff and budget. There are likely to The fiscal effect on local governments is indeterminable. be increased administrative and enforcement costs to local governments and local authorities to modify their publications, posters, regulations, ordinances and con- tracts to reflect the changes provided in this bill in the areas of employment, housing and public accommodations. There also are likely to be increased enforcement costs to ensure compliance with the changes provided in this bill. It is not possible, however, to provide a precise estimate of the increased costs because of the following: 1. 2. The administrative costs to an individual local government or local authority to modify its pertinent publications, posters, regulations, ordinances and contracts are unknown. The level of enforcement that will be provided by an individual municipality or authority as well as the number of instances in which there will be violations of the provisions in this bill are unknown. Long-Range Fiscal Implications Agency Sign Date Department of Development Rolf Wegenke 266-7068 2/10/81 --- So I aga FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 1981 1981 A. B. 7018 [ ORIGINAL ☐ CORRECTED ☐ UPDATED SUPPLEMENTAL Subject Prohibiting discremination based upon sexual orientation Fiscal Effect State: No State Fiscal Effect Check columns below only if bill makes a direct appropriation Page 2 of 2 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable or affects a sum sufficient appropriation ☐ Increase Existing Appropriation Decrease Existing Appropriation Create New Appropriation ☐ Increase Existing Revenues Decrease Existing Revenues X Increase Costs May Be Possible to Absorb Within Agency's Budget Yes No Decrease Costs Local: No local government costs 1 x Increase Costs Permissive Mandatory 2. Decrease Costs Permissive Mandatory 3 Increase Revenues Permissive 4. Decrease Revenues Permissive Mandatory Mandatory Fund Sources Affected GPR FED PRO PRS SEG SEG-S Assumptions Used in Arriving at Fiscal Estimate (cont'd) 5. Types of Local Governmental Units Affected: Towns Counties X Villages Others Cities housing authorities and community relations social development commissions Affected Ch. 20 Appropriations In summary, the fiscal impact of this bill on the Department of Development is likely to be negligible, and the effect on local governments is likely to be an indeterminable cost increase. bom od ntysisbal at sited as a bobbyong esgasta Long Range Fiscal Implications ravog Insol Loubivibal as of adso Agency Department of Development Aut Date Rolf Wegenke 266-7068 2/10/81 --- 1981 A. B. 70 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) Subject ☑ORIGINAL UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Prohibiting discrimination based upon sexual orientation Amendment No. 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). Increased Costs Annualized fiscal impact on State funds from: Decreased Costs A. State Costs by Category Salaries and Fringes Staff Support Costs Other State Costs Local Assistance $ $ + Aids to Individuals or Organizations TOTAL State Costs by Category $ $ B. State Costs by Source of Funds Increased Costs Decreased Costs GPR $ $ + FED PRO/PRS + SEG/SEG-S + Increased Pos. C. FTE Position Changes + ) ) - Decreased Pos. ( ) III. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. Decreased Rev. Increased Rev. GPR Taxes $ $ + GPR Earned FED PRO/PRS SEG/SEG-S + + TOTAL State Revenues $ $ + Net Annualized Fiscal Impact on State & Local Funds State Annual Increases Annual Decreases Local Annual Increases Annual Decreases negligible Indeterminable Total Costs $ $ + Total Costs $ + Total Revenues + negligible Total Revenues + NET Impact $ (+) or on State Funds (-) Agency Department of Development Autho NET Impact on Local Fund Rolf Wegenk 266-7068 $ (+) or (-)Indeterminable Date 2/10/81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 1981 A. B. 70 X ORIGINAL ☐ UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL Subject Prohibit Discrimination Based on Sexual Orientation Fiscal Effect State: ☑No State Fiscal Effect Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. Increase Existing Appropriation Decrease Existing Appropriation Create New Appropriation Increase Existing Revenues Decrease Existing Revenues 1981 Session LRB or Bill No./Adm. Rule No. Assembly Bill 70 Amendment No. if Applicable Increase Costs May Be Possible to Absorb Within Agency's Budget [Yes No Decrease Costs Local: No local government costs 1. Increase Costs Permissive Mandatory 2. Decrease Costs ☐ Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues Permissive Mandatory Cities 5. Types of Local Governmenta! Units Affected: Towns Villages Counties Others. Mandatory Fund Sources Affected Affected Ch. 20 Appropriations GPR FED PRO PRS [] SEG [SEG-S Assumptions Used in Arriving at Fiscal Estimate This bill prohibits discrimination based on sexual preference in areas of employment, housing and public accommodations.. The State as an employer is covered by the bill. This fiscal estimate is limited to the impact of the bill upon the Department of Employment Relations. No fiscal effect is perceived to result on this agency if this bill is enacted. This conclusion is based upon these assumptions: 1. 2. 3. The bill requires no identification or reports of sexual preference of current or prospective employes. An employing agency would be permitted to request a bonafide occupational qualification for a certain sexual orientation for a specific position. In cases where allegations are made that an employe has been discriminated against because of sexual preference, adjudication of those complaints would be made by a quasi-judicial body such as the Personnel Commission, or the Employment Relations Commission if the matter was under its jurisdiction. Long Range Fiscal implications None Agency Authorized Signature Telep No. Date Department of Employment Relations Alan G. Klitzkie 266-1254 2-12-81 --- 1981 A. B. 70 08 A 1891 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) Subject ЭТАМІТОВ ЗАЗН 1981 Session Amendment No. ☑ORIGINAL UPDATED CORRECTED ☐ SUPPLEMENTAL LRB or Bill No./Adm. Rule No. Assembly Bill 70 Prohibit Discrimination Based on Sexual Orientation 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): None II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). Increased Costs Annualized fiscal impact on State funds from: Decreased Costs A. State Costs by Category Salaries and Fringes Staff Support Costs Other State Costs Local Assistance Aids to individuals or Organizations $ S TOTAL State Costs by Category $ $ + B. State Costs by Source of Funds Increased Costs Decreased Costs GPR 60 $ $ FED PRO/PRS SEG SEG S C. FTE Position Changes 1. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. GPR Taxes GPR Earned FED PRO/PRS SEC/SEG-S Increased Pos. Decreased Pos. + ( ) Decreased Rev. Increased Rev. TOTAL State Revenues $ $ State Annual Increases Annual Decreases Net Annualized Fiscal Impact on State & Local Funds Local Annual Increases Annual Decreases Total Costs $ None on DER None $ Total Costs S $ + Total Revenues + None on DER on DER None Total Revenues on DER NET Impact on State Funds Agency Department of Employment Relations $ (+) or None on DER () NET Impact (+) (17 on Local Funds Authorized Signature/Telephone No.. Alan G. Jakid 266-1254 Date 2-12-81 --- 1981 A. B. 70 FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) ☑ORIGINAL ☐ UPDATED ☐ CORRECTED. ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable Subject Prohibition of discrimination based upon the sexual orientation of an individual in the areas of employment, housing and public accommodations. Fiscal Effect State: No State Fiscal Effect Local: Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation. ☑Increase Existing Appropriation ☐ Decrease Existing Appropriation Create New Appropriation No local government costs 1. Increase Costs ☐ Increase Existing Revenues ☐ Decrease Existing Revenues ☑Increase Costs - May Be Possible to Absorb Within Agency's Budget ☑Yes No ☐ Decrease Costs ☐ Permissive ☐ Mandatory 3. Increase Revenues Permissive Mandatory 5. Types of Local Governmental Units Affected: Towns Villages ☐ Cities 2. Decrease Costs ☐ Permissive ☐ Mandatory 4. Decrease Revenues ☐ Permissive ☐ Counties ☐ Others Mandatory Affected Ch. 20 Appropriations Fund Sources Affected ☑ GPR FED PRO PRS ☐ SEG SEG-S Assumptions Used in Arriving at Fiscal Estimate 1. 2. 3. 4. In the area of housing, employment and public accommodations, this bill provides essentially the same coverage regarding sexual orientation as a Madison city ordinance. It is anticipated therefore that the state's experience in terms of the percentages of persons filing charges based on sexual orientation as compared to total charges filed would probably be similar to that of the city of Madison. The city of Madison over the past 5 years averages 2% of its housing cases and 1% of its employment cases based on sexual orientation. This would mean that in an average year, we might receive twenty such employment charges and one or less housing cases. It is assumed that this type of discrimination is more prevalent in the state than would be indicated by Madison's statistics since: a) Madison is somewhat more of a liberal minded community and hence probably not as likely to discriminate against persons on this basis. While many persons may be discriminated against because of their sexual orientation, these persons may fear attracting public b) attention to themselves by filing such a charge and thus do not file. Passage of this bill would only increase the division's workload by 1-2% and could be absorbed without permanently increasing appropriations. Continued on the attached sheet Long-Range Fiscal Implications 1-2% increase in number of cases processed. This cost can be absorbed within current budget and future budgets adjusted for inflation. Agency Equal Rights Division Authorized Signature/Telephone No Date James S. He 6-7552 7/12/81 Dept. of Industry, Labor & Human Relations --- 1981 A. B. 70 Ms. Sheedy AB 70 OW STAMIT23 JADERY 5. Since sexual orientation is a new type of protected classification, our equal rights staff would have to receive training to properly sensitize them to this area of coverage, to help them learn investi- gative procedures useful in such cases and to learn what types of proof are most useful in proving such charges. The estimated cost of providing such training for 35 employees is $2,000. 6. 001, A- Passage of this law would necessitate reprinting the following brochures and posters: ERD-4531 Fair Employment Poster Quantity 100,000 Cost $1000 ERD-5387 (Required to be posted by all employers) Fair Employment Law 30,000 $ 500 ERD-6061 Employment Discrimination Complaint Guide 30,000 $ 300 ERD-4048 Wisconsin's Open Housing Law 10,000 $ 200 ERD-4808 Wisconsin's Public Accommodations Law 10,000 $ 200 TOTAL $2200 Зи ЯТЫЕ ЗАТОТ --- ESTIMATE 1981 A. B. 70 FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) ORIGINAL UPDATED CORRECTED ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. Subject Prohibition of discrimination based upon the sexual orientation of an individual in the area of employment, housing and public accommodations. 1. One-time Costs or Revenue Fluctuations for State and/or Local Government (do not include in annualized fiscal effect): See assumptions #5 & 6 = 4,200 II. Annualized Costs: Note: Treat fiscal costs like a "checkbook": increased costs reduce available funds (-); decreased costs increase available funds (+). A. State Costs by Category Salaries and Fringes Annualized fiscal impact on State funds from: Increased Costs Decreased Costs $ 0 Staff Support Costs Other State Costs Local Assistance Aids to Individuals or Organizations TOTAL State Costs by Category B. State Costs by Source of Funds GPR FED PRO/PRS SEG SEG-S C. FTE Position Changes III. State Revenues- Complete this only when proposal will increase or decrease state revenues, such as taxes, license fees, etc. GPR Taxes $ + 0 0 + 0 0 + 0 0 + 0 0 0 $ - 0 $ + 0 Increased Costs Decreased Costs $ - 0 - 0 $ EA + 0 + 0 - + + 0 + Increased Pos. (0 , - Decreased Pos. 0 ) Decreased Rev. Increased Rev. $ 0 $ + 0 GPR Earned - 0 + 0 FED + 0 PRO/PRS SEG/SEG-S 0 + 0 0 + 0 TOTAL State Revenues $ 0 $ + 0 State Annual Increases Annual Decreases Net Annualized Fiscal Impact on State & Local Funds Local Annual Increases Annual Decreases Total Costs $ 0 $ + 0 Total Costs $ 0 $ + 0 Total Revenues + 0 0 Total Revenues + 0 0 $ (+) S (+) NET Impact on State Funds or 0 I Agency Dept. of Industry, Labor & Human Rel. Equal Rights Division NET Impact on Local Funds Authorized Signature/Telephone No. or 0 (-) Date tames S. Haney 1552 2/12/87 6-17552 --- ADMEAGE 1981 ASSEMBLY BILL 70 Mone 1981 Seulon --- Labor 1981 B. 70 --- KC:lt 1981 ASSEMBLY BILL 70 February 3, 1981 - Introduced by Representatives CLARENBACH, LEOPOLD, COGGS, ULICHNY and BECKER. Referred to Committee on Judiciary. 1 AN ACT to amend 15.04 (1) (g), 16.765 (1) and (2) (a), 21.35, 66.39 (13), 2 3 сл 5 6 7 8 66.395 (2m), 66.40 (2m), 66.405 (2m), 66.43 (2m), 66.431 (3) (e) 2, 66.432 (1) and (2), 66.433 (3) (a) and (c) 1. b and (9), 101.22 (1), (1m) (b), (2m) and (4n), 101.221 (1), 111.31 (1) to (3), 111.32 (5) (a), 111.70 (2), 111.81 (9) (b), 111.85 (1), 227.033 (1), 230.01 (2), 230.18, 234.29 and 942.04 (1) (a) to (c) and (3); and to create 111.32 (4s) and (5) (i) of the statutes, relating to prohibiting discrimination based upon sexual orientation. Analysis by the Legislative Reference Bureau This bill prohibits discrimination based upon the sexual orientation of an individual in the areas of employment, housing and public accommodations. Sexual orientation is defined as having a preference for heterosexuality, homosexuality, bisexuality, having a history of such a preference or being identified with such a preference. The prohibition against discrimination also includes the state civil service, state contractors, the state national guard and the administrative rules promulgated by state agencies. 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: 9 SECTION 1. 15.04 (1) (g) of the statutes is amended to read: --- 1981 -2- LRB-0124/2 KC:1L 1 2 3 5 15.04 (1) (g) Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex er, marital status or sexual orientation as defined in s. 111.32 (4s), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she 6 7 8 shall take remedial action, including making recommendations 9 10 11 to the 12 13 14 15 16 appropriate executive, legislative or administrative authority. read: SECTION 2. 16.765 (1) and (2) (a) of the statutes are amended to 16.765 (1) Contracting agencies of the state shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in S. 111.32 (4s) or national origin, and obligating the take affirmative action to ensure equal employment 17 18 contractor 19 20 21 opportunities. to (2) (a) In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or 22 applicant for employment because of age, race, religion, color, handicap, 23 22 sex, physical condition, developmental disability as defined in s. 51.01 24 (5), sexual orientation or national origin. This provision shall include, 25 but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment 26 or recruitment advertising; layoff or termination; 27 28 including rates of pay or other forms of compensation; and selection for training, apprenticeship. The contractor further agrees te take --- 1981 -3- LRB-0124/2 KC: 1t 2 3 1 affirmative action to ensure equal employment contractor opportunities. The agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting 4 officer setting forth the provisions of the nondiscrimination clause. 5 6 9 10 11 12 13 14 15 16 SECTION 3. 21.35 of the statutes is amended to read: 21.35 FEDERAL LAWS AND REGU&ATIONS; NO DISCRIMINATION. The organization, armament, equipment and discipline of the Wisconsin national guard shall be that prescribed by federal laws or regulations; and the governor may by order perfect such organization, armament, equipment and discipline, at any time, so as to comply with such laws and regulations insofar as they are consistent with the Wisconsin code of military justice. Notwithstanding any rule or regulation prescribed by the federal government or any officer or department thereof, no person, otherwise qualified, shall may be denied membership in the Wisconsin national guard because of sex, color, race or, creed or sexual orientation and no member of the Wisconsin national guard shall may be segregated within the Wisconsin national guard on the basis of sex, color, race or, creed or sexual orientation. Nothing in this section shall-prohibit prohibits for persons of different sexes with regard to dormitory accommodations, public toilets, showers, saunas and dressing 17 18 19 separate facilities 20 21 rooms. 22 23 22 24 25 26 27 28 SECTION 4. 66.39 (13) of the statutes is amended to read: 66.39 (13) TENANT SELECTION, DISCRIMINATION. All tenants selected for veterans' housing projects shall be honorably discharged veterans of wars of the United States of America. Selection between veterans shall be made in accordance with rules and regulations promulgated and adopted by the department of veterans affairs which regulation said department is authorized to make and from time to time change as it deems proper. Such --- 1981 1 rules and regulations, however, 2 -4- LRB-0124/2 KC: 1t shall give veterans of World War II 3 4 5 6 7 8 9 10 11 12 13 14 15 preference over veterans of all other wars. Notwithstanding such rules and regulations or any law to the contrary a veteran shall not be entitled to or be granted any benefits under ss. 66.39 to 66.404 from a housing authority unless such veteran was at the time of induction into military service a resident of the state. Veterans otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 5. 66.395 (2m) of the statutes is amended to read: 66.395 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual 16 orientation or national origin. 17 18 19 20 21 22 22 23 24 25 SECTION 6. 66.40 (2m) of the statutes is amended to read: 66.40 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.40 to 66.404 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 7. 66.405 (2m) of the statutes is amended to read: 66.405 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.405 to 66.425 shall not, with 26 reference thereto, be denied them in any manner for any purpose nor be 27 22 discriminated against because of sex, race, color, creed, sexual 28 orientation or national origin. --- 1981 -5- 1 SECTION 8. 66.43 (2m) of the statutes is amended to read: 2 LRB-0124/2 KC: 1t 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22222 66.43 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be creed, sexual discriminated against because of sex, race, color, orientation or national origin. SECTION 9. 66.431 (3) (e) 2 of the statutes is amended to read: 66.431 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied such right, benefit, facility or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 10. 66.432 (1) and (2) of the statutes are amended to read: 66.432 (1) DECLARATION OF POLICY. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in S. 111.32 (4s), religion, national origin or ancestry is a matter both of statewide concern under s. 101.22 and also of local interest under this section and s. 66.433. The 101.22 by the legislature shall not preempt the subject enactment of S. matter of equal opportunities in housing from consideration by local and shall not exempt cities, villages, towns and counties governments, 23 from their duty, nor deprive them of their right, to enact ordinances 24 25 which prohibit discrimination in any type of housing solely on the basis of sex, race, color, physical condition, developmental disability as 26 defined in s. 51.01 (5), sexual orientation, religion, national origin or 22 27 ancestry. --- 1981 -6- LRB-0124/2 KC: 1t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (2) ANTIDISCRIMINATION HOUSING ORDINANCES. Cities, villages and towns may enact ordinances prohibiting discrimination in the sale or rental of any type of housing within their respective boundaries solely on the basis of sex, race, color, physical condition, developmental disability as defined in S. 51.01 (5), sexual orientation, religion, national origin or ancestry. Such an ordinance may be similar to S. to 101.22 or may be more inclusive in its terms or in respect to the different types of housing subject its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be less than the statutory forfeitures under s. 101.22. Counties may enact such ordinances under ss. 59.07 (11) and 66.433. SECTION 11. 66.433 (3) (a) and (c) 1. b and (9) of the statutes are amended to read: economic and cultural 66.433 (3) (a) The purpose of the commission is to study, analyze and recommend solutions for the major social, problems which affect people residing or working within the municipality including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status. (c) 1. b. To ensure to all municipal residents, regardless of sex, 23 race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities. 22 24 (9) INTENT. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation or color ought not to be made tests in the 25 26 27 28 matter of the right of any person to sell, lease, оссиру or use real ---