SENATE AB 70 October 29, 1981 January 28, 1982 RECORD OF COMMITTEE PROCEEDINGS (Reps. Clarenbach, Leopold, Coggs, Ulichny, and Becker) AN act...relating to prohibiting discrimination based upon sexual orientation. Read and referred to Committee on Taxation, State, and Local Affairs Public hearing held Present: Senators Berger, Hanaway, Lasee, Moody, and Van Sistine Absent: Senator Adelman Appearances for the bill David Clarenbach, 78th Assem. Dist, Madison Sister Mary Stephen, Episcopal Dioc., Milw Rev. H. Myron Talcott, United Methodist, Fort Atkinson Sister Naomi Schoen, Sisters Council, Milw. Rev. Robert Young Jr., Lutheran Church, White- fish Bay Mary Ann Neevel, United Church of Christ, Milw. Dr. Milo Durst, WCLU, Shorewood Alyn Hess, for Himself, Milwaukee Tom Zander, Wisc. Civil Liberties, Milwaukee Appearances against the bill Max Andrews, Moral Majority, Madison William Lincln, Calvary Baptist, Watertown Valeria Sternberg, herself, Wausau J. Mark Holland, RR 6 Box 27, Watertown Dom Gordon, himslef, Rothschild David Holloweed, himself, Watertown Ben Sternberg, himself, Wausau B.M. Cedarholm, himself, Watertown Registrations for the bill Terrence Gilles, himself, Madison Ken Opin, Wisc. Fed of Teachers, Madison Donna Utke, herself, Milwaukee Buane Kolterman, himself, Madison Dan Curd, himself, Madison Dick Wagner, himself, Madison Roger Durand, himself, Milwaukee Bruce Voss, Wisc. Conf. of Churches, Madison Mary Lelle, National Gay Task Force, Wouth wayn Paul DeMarco, himself, Milwaukee Betty Haughn, herself, Madison William Meunier, Milwaukee, himself Leon Rouse, Fund. Rights, Milwaukee Judeo-Christian Human Ralph Navarro, Cream City Bus. Assoc., Milw. Barb Lightner, United, Madison Registrations against the bill Carol Krake, herself, Rothschild --- February 9, 1982 Robert Burckart, himself, Watertown Scott Lautenbach, himself, Elkhart Lake Ed Richardson, himself, Watertown Amy Miller, herself, Watertown Kim Pierson, herself, Watertown Caron Gjefle, herself, Ontarioo Robert Loggans, Maratha Baptist Bilbe, Watertown Michael Bartlett, himself, Ellsworth Executive Session Present: Senators Adelman, Berger, Hanaway, Lasee, Moody, and VanSistine Absent: none Moved by Senator Berger, and seconded by Senator Adelman that the amendment LRB 2850/1 be recommended for intro. and adoption. Ayes: (5) Senators Adelman, Berger, Hanaway, Lasee, and Moody Noes: (1) Senator Van Sistine Absent: (0) None Intro./Adopt.: Ayes 5, Noes 1, Absent 0 Moved by Senator Berger, seconded by Sen- ator Adelman that the bill be recommended for concurrence as amended. Ayes: (4) Senators Adelman, Berger, Hanaway, and Moody Noes: (2) Senators Lasee, and Van Sistin Absent: (0) None Concurrence as amended: Ayes 4, Noes 2, Belly Absent O COMMITTEE CLERK --- FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) Subject ☑ORIGINAL ☐ UPDATED 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 S - S + + + + + TOTAL State Costs by Category S - S + B. State Costs by Source of Funds Increased Costs Decreased Costs GPR S S + 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. S + + Increased Rev. TOTAL State Revenues $ S + State Annual Increases Net Annualized Fiscal Impact on State & Local Funds Annual Decreases Local Annual Increases Annual Decreases Total Costs None on DER None $ + Total Costs S Total Revenues + None on DER - on DER None on DER $ + Total Revenues + NET Impact $ (+) or None on DER NET Impact S (+) on State Funds on Local Funds (-) or (-) Agency Department of Employment Relations Authorized Signature/Telephone No. Alan G. 266-1254 2-12-81 Date --- FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) ☑ORIGINAL UPDATED CORRECTED ☐ SUPPLEMENTAL Amendment No. 1981 Session LRB or Bill No./Adm. Rule No. AB 70 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 #235 & 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: Decreased Costs Increased Costs $ 0 FA $ + 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 GPR Earned FED PRO/PRS SEG/SEG-S - + - 0 + 0 + 0 + 0 S - 0 $ + 0 $ Increased Costs Decreased Costs 0 $ + 0 0 - 1 + 0 0 + 0 + + Increased Pos. (0 Decreased Pos. ) - ( 0 ) Decreased Rev. Increased Rev. $ 0 $ + - - 0 + 0 + 0 + 0 + 0 TOTAL State Revenues S - I 0 $ + 0 Net Annualized Fiscal Impact on State & Local Funds State Annual Increases Annual Decreases 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 $ SA (+) or 0 (二)] (-) Agency Dept. of Industry, Labor & Human Rel. Equal Rights Division NET Impact on Local Funds Authorized Signature/Telephone No. Homes S. Haney 6-177552 S (+) or 0 (-) Date 2/12/87 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) ☑ORIGINAL ☐ CORRECTED ☐ UPDATED ☐ 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 Check columns below only if bill makes a direct appropriation Local: ☑Increase Existing Appropriation ☐ Decrease Existing Appropriation ☐ Create New Appropriation ☑No local government costs 1. Increase Costs ☐ Permissive or affects a sum sufficient appropriation. Increase Existing Revenues ☐ Decrease Existing Revenues ☑Increase Costs - May Be Possible to Absorb Within Agency's Budget X Yes Decrease Costs No Mandatory 2. Decrease Costs ☐ Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues Permissive 1 Mandatory Mandatory Counties 5. Types of Local Governmental Units Affected: Towns Villages Others Cities Affected Ch. 20 Appropriations Fund Sources Affected X GPR ☐ FED PRO PRS ☐ SEG ☐ SEG-S Assumptions Used in Arriving at Fiscal Estimate 1. 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. 2. 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. 3. 4. 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 N Date James S. en 6-7552 7/12/81 Dept. of Industry, Labor & Human Relations tiongl --- FISCAL FIMATE AD-MBA-23 (Rev. 11/80) Subject ☐ ORIGINAL CORRECTED Jacket 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable ☐ UPDATED SUPPLEMENTAL 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 Within Agency's Budget May Be Possible to Absorb ☐ 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 Affected: Towns Counties Villages 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 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. Rex Owens Date 6-0653 2-6-81 --- FISCAL ESTIMATE WORKSHEET Detailed Estimate of Annual Fiscal Effect AD-MBA-22 (Rev. 11/80) ORIGINAL UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL Subject DISCRIMINATION ON SEXUAL ORIENTATION 1981 Session LRB or Bill No./Adm. Rule No. AB70 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 GPR FED 1 I S S 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 S increased Costs + + S + Decreased Costs $ + + Increased Pos. Decreased Pos. ( ) ) Decreased Rev. Increased Rev. $ + 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 Total Revenues + + $ NET Impact or on State Funds (-) Agency Department of Administration (+) NET Impact on Local Funds Authorized Signature/Telephone No. Rex Owen's $ or (-) Date 6-0653 2-6-81 (+) --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) Subject 11 ☑ORIGINAL ☐ UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL Fiscal Estimate--1981 Bill No. Fiscal Effect State: ☑No State Fiscal Effect A70 Jack 1981 Session LRB or Bill No./Adm. Rule No. A70 Amendment No. if Applicable 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 Costs - Within Agency's Budget ☐ Yes May Be Possible to Absorb ☐ No Increase Existing Revenues Decrease Existing Revenues 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 5. Types of Local Governmental Units Affected: Towns ☐ Cities Counties Villages Others Mandatory Affected Ch. 20 Appropriations Fund Sources Affected X GPR ☐ FED PRO PRS SEG ☐ SEG-S 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 Agency Authorized Signature/Telephone No. Date 6-9571 State Personnel Commission Charlatte M. Highc 2/16/81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) 218 ORIGINAL ☐ CORRECTED ☐ UPDATED Jack ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule 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 Absorb Within Agency's Budget Yes ☐ No Decrease Costs Local: No local government costs 1. Increase Costs Permissive 2. Decrease Costs [] Mandatory Permissive Mandatory 3. Increase Revenues Permissive 4. Decrease Revenues [Permissive Mandatory Cities 5. Types of Local Governmental Units Affected: Towns Villages Counties Others Mandatory Affected Ch. 20 Appropriations Fund Sources Affected GPR FED PRO PRS SEG SEG-S Assumptions Used in Arriving at Fiscal Estimate 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. The 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 Employment Relations Commission Authorized Signature/Telephone No. 〆 Cavelli Date 2/16/81 --- 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 3 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 4 substitute: "allows for affirmative action programs relating to sexual 5 orientation". 6 (End) --- 2850 JACKET COPY SENATE AMENDMENT to amendment to sub. amdt. TO A BILL 70 2-11-82 Offered by Senator(s) Committee on State AND COCAL AFFAIRS and Toxation --- 1981 STATE OF WISCONSIN SENATE AMENDMENT TO 1981 ASSEMBLY BILL 70 LRBA2850/1 JL:1t 1 At the locations indicated, amend the bill as follows: 2 1. Page 2, line 17: strike through the comma; and after "and" 5 6 9 10 11 insert except with respect to sexual orientation, ". 11 2 2. Page 2, line 28: strike through "The" and thereafter insert "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. (End) --- FE JACKET COPY 0124 ASSEMBLY BILL 70 2-3-81 Introduced by Representative Representatives Caboch, Hopold, Lofgs, Ulichey and BECKER Cosponsored by Senator Committee on By request of Referred to Committee on Judiciary --- 1981 STATE OF WISCONSIN LRB-0124/2 KC: 1t 1 2 3 45 6 7 8 AN ACT to amend 15.04 (1) (g), 16.765 (1) and (2) (a), 21.35, 66.39 (13), 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. 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, contractors, the state national guard and the administrative promulgated by state agencies. state rules 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: SECTION 1. 15.04 (1) (g) of the statutes is amended to read: --- 1981 -2- LRB-0124/2 KC: It religion, 1 15.04 (1) (g) Discrimination review. In order to determine whether 2 there is any arbitrary discrimination on the basis of race, 3 4 5 national origin, sex or, 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 7 8 shall take remedial action, including making recommendations 9 10 11 12 13 14 15 16 appropriate executive, legislative or administrative authority. read: to the 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 action to ensure equal employment 17 18 contractor 19 20 to take affirmative 21 opportunities. (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 sex, physical condition, developmental disability as defined in S. 51.01 24 (5), sexual orientation or national origin. This provision shall include, 25 26 27 but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, The contractor further agrees to take 28 including apprenticeship. --- 1981 -3- LRB-0124/2 KC:1t 1 affirmative action to ensure equal employment opportunities. The agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 2 contractor 3 4 5 6 21.35 7 8 9 10 11 SECTION 3. 21.35 of the statutes is amended to read: 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 with the Wisconsin code of military consistent 12 justice. Notwithstanding any rule or regulation prescribed by the federal 13 government or any officer or department thereof, no person, otherwise 14 qualified, shall may be denied membership in the Wisconsin national guard 15 16 17 because of sex, color, race or, creed or sexual orientation and no member of the Wisconsin national guard shall be segregated within the Wisconsin national guard on the basis of sex, color, race or creed or may 18 sexual orientation. Nothing in this section shall-prohibit prohibits 19 separate facilities for persons of different sexes with regard to 20 dormitory accommodations, public toilets, showers, saunas and dressing 24 21 rooms. 22 22 23 24 25 26 27 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 28 authorized to make and from time to time change as it deems proper. Such --- 1981 -4- LRB-0124/2 KC: It 1 rules and 2 3 4 7 regulations, however, shall give veterans of World War II 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 6 service a resident of the state. Veterans otherwise entitled to any right, benefit, facility or privilege under this section shall not, with 8 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. 9 10 11 12 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 14 reference thereto, be denied them in any manner for any purpose nor be 13 15 discriminated against because of sex, race, color, creed, sexual 16 orientation or national origin. 17 SECTION 6. 66.40 (2m) of the statutes is amended to read: 18 19 20 21 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 22 22 orientation or national origin. 23 24 SECTION 7. 66.405 (2m) of the statutes is amended to read: 66.405 (2m) DISCRIMINATION. Persons otherwise entitled to any right, 25 benefit, facility or privilege under ss. 66.405 to 66.425 shall not, with 26 22 27 reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual 28 orientation or national origin. --- 1981 -5- LRB-0124/2 KC:1t 2 3 4 5 SECTION 8. 66.43 (2m) of the statutes is amended to read: 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 sex, race, color, creed, sexual discriminated against because of 6 orientation or national origin. 7 8 9 10 11 12 13 14 15 16 17 18 19 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 matter of equal opportunities in housing from consideration by local governments, and shall not exempt cities, villages, towns and counties from their duty, nor deprive them of their right, to enact ordinances 24 which prohibit discrimination in any type of housing solely on the basis 20 21 21 22 22 23 22 25 enactment of S. of sex, race, color, physical condition, developmental disability as 26 defined in s. 51.01 (5), sexual orientation, religion, national origin or 27 27 ancestry. --- 1981 -6- LRB-0124/2 KC: It 1" 2 3 5 6 8 9 10 11 12 13 14 15 16 (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. 101.22 or may be more inclusive in its terms or in respect to the different types of housing subject to 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: 66.433 (3) (a) The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the municipality 17 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, 18 19 20 21 22 22 23 24 22 25 sexual orientation or ethnic or minority status. (c) 1. b. To ensure to all municipal residents, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities. (9) INTENT. It is the intent of this section to promote fair and 26 friendly relations among all the people in this state, and to that end 27 28 race, creed, sexual orientation or color ought not to be made tests in the matter of the right of any person to sell, lease, Occupy or use real --- 1981 -7- LRB-0124/2 KC:1t 1 estate or to earn his a livelihood or to enjoy the equal use of public 2 accommodations and facilities. 3 4 SECTION 12. 101.22 (1), (1m) (b), (2m) and (4n) of the statutes, are amended to read: 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 101.22 (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 cover single-family 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. (1m) (b) "Discriminate" and "discrimination" mean to segregate, 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. 23 24 26 27 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 (2m) REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES. It-is-unlawful 2 te No person may induce or attempt to induce any person to sell, rent or 3 lease any dwelling by representations regarding the present or prospective 4 5 6 7 8 6 10 11 12 13 14 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 facilities 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, 16 physical condition, developmental disability as defined in s. 51.01 (5), 15 17 18 19 20 21 22 23 24 22 25 26 27 28 sexual orientation or creed. SECTION 13. 101.221 (1) of the statutes is amended to read: 101.221 (1) The equal rights council shall disseminate information and attempt by means of discussion as 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 by reason of their age, race, creed, color, handicap, sex, national --- 1981 -9- LRB-0124/2 KC:1t 1 origin, ancestry, sexual orientation, arrest record or conviction record, 2 is likely to foment domestic strife and unrest, and substantially and 3 adversely affect the general welfare of a state by depriving it of the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 fullest utilization of its capacities for production. The denial by some 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 of the state, the family and to all the people of the state. (3) In the interpretation and application of this subchapter, and 19 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 SECTION 15. 111.32 (4s) of the statutes is created to read: 24 25 27 225 26 111.32 (4s) "Sexual 28 orientation" means having a preference for heterosexuality, homosexuality, bisexuality, having a history of such a preference or being identified with such a preference. --- ASSEMBLY BILL 70 HISTORY OF ASSEMBLY AN ACT to amend 15.04 (1) (g), 16.765 (1) and (2) (a), 21.35, 66.39 (13), 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. (FE) 2- 3. A. Introduced by Representatives CLARENBACH, LEOPOLD, COGGS, ULICHNY and BECKER 111 2- 3. A. Read first time and referred to committee on Judiciary 111 2-12. A. Fiscal estimate received. 2-16. A. Fiscal estimate received. 2-16. A. Fiscal estimate received. 2-16. A. Fiscal estimate received. 2-16. A. Fiscal estimate received. 2-17. A. Rules suspended 2-17. A. ..... 177 Withdrawn from committee on Judiciary and referred to committee on Health and Human Services 2-17. A. Fiscal estimate received. 2-18. A. Fiscal estimate received. .. 177 5-12. A. Public hearing held. 5-26. A. Executive session held. 5-28. A. Report passage recommended by committee on Health and Human Services, Ayes 8, Noes 6 ... . 579 .. 579 ...1356 5-28. A. Referred to committee on Rules 10-15. A. Placed on calendar 10-21 by committee on Rules. 10-21. A. Read a second time 10-21. A. Refused to indefinitely postpone, Ayes 41, Noes 55 ..1356 10-21. A. Ordered to a third reading 10-21. A. Refused to suspend rules to read a third time, Ayes 57, Noes 41 10-21. A. Motion to 10-23. A. ..1357 .....1357 reconsider vote by which ordered to a third reading offered by Representative Gerlach ......1358 Refused to reconsider vote by which ordered to a third reading, Ayes 43, Noes 53 .....1441 10-23. A. Read a third time and PASSED, Ayes 49, Noes 45, Paired 2 1442 10-23. A. 10-23. A. Refused to suspend rules to order immediately messaged, Ayes 47, No es 49 .. ...1442 Motion to reconsider vote by which passed offered by Representative Loftus .......1443 10-27. A. Refused to reconsider vote by which passed, Ayes 43, Noes 53, Paired 2 10-28. S. Received from Assembly ..1528 1046 10-28. S. Read first time and referred to committee on Judiciary and Consumer Affairs .. 1047 --- HISTORY OF ASSEMBLY 10-29. S. Withdrawn from committee on Judiciary and Consumer Affairs and referred to committee on Senate Organization 10-29. S. 1081 Withdrawn 1982 from committee on Senate Organization and referred to committee on State and Local Affairs and Taxation 1081 1-28. S. Public hearing held. 2-11. S. Report introduction and adoption of Senate amendment 1, Ayes 5, Noes 1 and concurrence recommended, Ayes 4, Noes 2 2-16. S. Read a second time 2-16. S. Senate amendment 1 ADOPTED 2-16. S. Ordered to a third reading 2-16. S. Rules suspended 2-16. S. Read a third time as amended 1464 1507 1507 1507 1507 1507 2-16. S. Nonconcurrence refused, Ayes 13, Noes 19 1507 2-16. S. CONCURRED IN as amended 1507 2-16. S. Ordered immediately messaged ... 1510 2-16. A. Received from senate amended and concurred in as amended (senate amendment 1) 2190 2-16. A. Referred to calendar 2191 2-18. A. Senate amendment 1 CONCURRED IN, Ayes 86, No es 11 2-18. A. Action ordered immediately messaged .2259 .2259 2-23. A. Report correctly enrolled I hereby certify that the above and foregoing is a true and correct/ copy of the legislative action taken on Assembly Bill 70 by the 1981 regular session of the Wisconsin Legislature. ve Kechows Chief Clerk of the Assembly --- 1 2 1981 -10- LRB-0124/2 KC:lt SECTION 16. 111.32 (5) (a) of the statutes is amended to read: 111.32 (5) (a) "Discrimination" means discrimination because of age, sex, creed, national origin, ancestry, 3 race, color, handicap, sexual orientation, arrest record or conviction record, by an employer or 6 licensing agency individually or employe or any applicant for employment or licensing, in regard to hire, in concert with others, against any 7 tenure or term, condition or privilege of employment or licensing and by 10 11 any labor organization against any member or applicant for membership, and also includes discrimination on any of said grounds in the fields housing, recreation, education, health and social welfare as related to a condition or privilege of employment. of 12 13 SECTION 17. 111.32 (5) (i) of the statutes is created to read: 111.32 (5) (i) It is discrimination because of sexual orientation: 14 15 16 1. For any employer, labor organization, licensing employment agency or other person to refuse license, or to bar or terminate from employment, membership or licensure agency or to hire, employ, admit or 17 any individual, or to discriminate against 18 compensation or 19 an individual in promotion, in terms, conditions or privileges of employment because of the individual's sexual orientation; or 20 2. For any employer, labor organization, licensing agency or 21 employment agency or other person to discharge or otherwise discriminate 22 22 because he or 23 24 25 26 27 28 she has opposed any discriminatory against any person practices under this paragraph or because he or she has made a testified or assisted in any proceeding under this paragraph. complaint, 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:lt 1 their own choosing, and to engage in lawful, concerted activities for the 2 4 5 6 purpose of collective bargaining or other mutual aid or protection, and to refrain from any and all such such employes shall have the right activities except that employes may be required to pay dues in the manner 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 7 petition the commission to conduct a referendum. Such petition must be 8 9 supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be terminated. 10 SO finding, the commission shall conduct 11 12 a referendum. Upon 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 13 shall declare any fair-share agreement suspended upon such conditions and 14 15 for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, 16 orientation, 17 18 municipal employer in the bargaining unit involved, shall be made subject to this duty of the commission. Any of the parties color, sexual creed or sex to receive as a member any employe of the and such agreement 19 20 to such agreement or any municipal employe covered thereby may come before the commission, as provided in s. 111.07, and ask the performance of this 21 duty. 22 23 24 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 25 orientation or national origin. 26 27 28 SECTION 20. 111.85 (1) of the statutes is amended to read: 111.85 (1) No fair-share agreement shall become effective unless authorized by referendum. The authorization of such fair-share agreement --- 1981 -12- KC:1t 4 1 shall continue thereafter subject to the right of the employer or labor 2 organization concerned referendum 4 6 7 8 10 11 12 13 14 is to conduct a new to petition the commission Such petition must be supported by proof that on the subject. at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be discontinued. Upon so finding, the commission the agreement If the continuance of shall conduct a new referendum. 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 or creed to receive as a member any orientation employe in the bargaining unit involved, and such agreement shall be made Any of the parties 15 16 17 race, color, sexual 18 19 subject to the findings and orders of the commission. 20 to such agreement or any employe covered thereby, 21 commission, as provided may come before the in S. 111.07, and allege a violation of this 22 provision. 23 24 25 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, rule which or ancestry. 26 color, sexual orientation, national origin 27 28 discriminates for or against any person by reason of physical condition or developmental disability as defined in s. 51.01 (5) shall be permitted --- 1981 -13- KC:lt 1 2 3 5 7 8 9 10 11 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 to the same a rule shall be entitled to the same benefits and subject 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 a system of personnel management which fills positions in the classified service through methods the secretary and the administrator to maintain 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 or privilege of employment be based on the ability to perform condition 12 13 the duties and responsibilities assigned to the particular position 14 15 creed or religion, color, handicap, sex, age, race, without regard to national origin, ancestry, sexual orientation or political affiliation. 16 17 18 19 20 21 22 22 23 24 25 26 27 If there are substantial disparities between the proportions of members of classification racial, ethnic, gender, or handicap groups in a classified civil service 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 in conflict with other provisions of this subchapter to correct the imbalances and to eliminate the present effects of past discrimination. not 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 elicit information concerning the partisan political or religious 28 as to --- 1981 -14- LRB-0124/2 KC: It 2 4 7 8 opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall except that the administrator may evaluate the be discountenanced competence and impartiality of applicants for positions such as clinical program. No discriminations may be chaplain in a state institutional 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 SECTION 24. 234.29 of the statutes is amended to read: 10 provided. 11 12 234.29 13 14 15 16 17 18 19 20 21 22 23 24 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: S. 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 51.01 (5), sexual orientation as defined in s. 111.32 (4s), national origin or ancestry; or (b) Gives preferential treatment to some classes of persons in 27 providing services or facilities in any public place of accommodation or 25 26 --- 1981 -15- LRB-0124/2 KC: 1t 1 amusement because of sex, race, color, creed, sexual orientation, national 2 4 5 7 8 9 10 11 12 13 14 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) 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, sexual orientation, national origin or ancestry, regarding the use of any private facilities commonly rented to 15 the public. Violators of this subsection are subject to the penalties 16 imposed by sub. (1). 67 17 (End) --- WISCONSIN ASSEMBLY ROLL CALL ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER S. A. RES. JT. RES. 0070 057 NO. AYE 11:33 TIME NAME 1036 CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT LAY ON TABLE ☑RL RULES SUSPENDED SUB. AMEND. AMEND. BILL ADOPTION 041 NAY ABSENT OR NOT VOTING 000 10/21 1981 MONTH DAY YEAR N AN NAME N AN REJECTION NAME ANDREA, J. BARCZAK, G. DD JOHNSON, G. KINCAID, L. BARRY, J. D KIRBY, M. DDD POTTER, C. PROSSER, D. DR QUACKENBUSH, R. R BECKER, D. D KLICKA, G. R RADTKE, R. R BEHNKE, R. D KNOX, R. BERNDT, J. R KUNICKI, W. RD ROBERTS, V. D ROBERTSON, A. R BRADLEY, G. R LAATSCH, J. R ROBINSON, J. D BROYDRICK, W. D LADWIG, J. R ROGERS, W. D BYERS, F. R LARSON, R. R ROONEY, J. D CLARENBACH, D. D LEE, M. D RUTKOWSKI, J. D COGGS, M. D LEOPOLD, S. D SCHMIDT, E. R CONRADT, E. R LEWISON, B. R SCHNEIDER, M. D CRAWFORD, T. D LOFTUS, T. D SCHNEIDERS, L. R CZARNEZKI, J. D LOOBY, J. D SHABAZ, J. R DE LONG, D. R LUCKHARDT, E. R SHOEMAKER, R. D DILWEG, G. R MC ESSY, E. R SMITH, P. D DONOGHUE, S. R MC EWEN, J. R STITT, D. DORFF, E. D MATTY, R. R SWOBODA, L. RD DUREN, J. D MEDINGER, J. D TESMER, L. D ELLIS, M. R MENOS, G. D THOMPSON, T. R EVERSON, H. D MERKT, J. R TRAVIS, D. D FISCHER, D. D METZ, S. D TRAVIS, R. R FLINTROP, R. D MILLER, M. D TREGONING, J. R GERLACH, C. D MUNTS, M. D TUCZYNSKI, P. D GOODRICH, P. R MURRAY, T. D ULICHNY, B. D HARER, R. R NELSEN, B. R VANDERPERREN, C. D HASENOHRL, D. D HAUKE, T. D HELBACH, D. D OTTE, C. NEUBAUER, J. NORQUIST, J. 2 D WAGNER, M. D D WILLIAMS, A. D D A HEPHNER, G. D PANZER, M. R WOOD, W. YOUNG, J. D R HOLSCHBACH, V. D N PAULSON, D. R HOPKINS, D. R PLEWA, J. D SPEAKER JACKAMONIS, E. JARONITZKY, J. DR PLOUS, L. D PORTER, C. R AN --- WISCONSIN ASSEMBLY ROLL CALL ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER S. A. RES. NO. 0070 JT. RES. BILL AYE 041 TIME 11:32 1035 ☑ CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT LAY ON TABLE RULES SUSPENDED SUB. AMEND. AMEND. REJECTION X NAY D ADOPTION ABSENT OR NOT VOTING 002 MONTH 10/21 DAY YEAR 1981 N AN NAME N NAME AN NAME AN ANDREA, J. BARCZAK, G. DD JOHNSON, G. N KINCAID, L. DD N POTTER, C. PROSSER, D. D R BARRY, J. D KIRBY, M. D NW QUACKENBUSH, R. R BECKER, D. D KLICKA, G. R Y RADTKE, R. BEHNKE, R. D KNOX, R. R N ROBERTS, V. RD BERNDT, J. R KUNICKI, W. D ROBERTSON, A. R BRADLEY, G. R LAATSCH, J. R ROBINSON, J. D BROYDRICK, W. D LADWIG, J. R ROGERS, W. D N BYERS, F. R LARSON, R. R ROONEY, J. D CLARENBACH, D. D N LEE, M. D N RUTKOWSKI, J. D COGGS, M. D N LEOPOLD, S. D N SCHMIDT, E. R CONRADT, E. R LEWISON, B. R SCHNEIDER, M. D N CRAWFORD, T. D LOFTUS, T. D N SCHNEIDERS, L. R CZARNEZKI, J. D N LOOBY, J. D N SHABAZ, J. R DE LONG, D. R LUCKHARDT, E. R Y SHOEMAKER, R. D DILWEG, G. R N MC ESSY, E. R Y SMITH, P. D DONOGHUE, S. R MC EWEN, J. R STITT, D. R A DORFF, E. D MATTY, R. R SWOBODA, L. D DUREN, J. D MEDINGER, J. D N TESMER, L. D ELLIS, M. R Y MENOS, G. D THOMPSON, T. R EVERSON, H. D N MERKT, J. R TRAVIS, D. D FISCHER, D. D METZ, S. D TRAVIS, R. R FLINTROP, R. D MILLER, M. D TREGONING, J. R GERLACH, C. D MUNTS, M. D TUCZYNSKI, P. D N GOODRICH, P. R MURRAY, T. D ULICHNY, B. D HARER, R. R HASENOHRL, D. D HAUKE, T. D N HELBACH, D. D N OTTE, C. NELSEN, B. NEUBAUER, J. NORQUIST, J. 2 R VANDERPERREN, C. D D WAGNER, M. D D WILLIAMS, A. D D N HEPHNER, G. D PANZER, M. R HOLSCHBACH, V. D PAULSON, D. R HOPKINS, D. R PLEWA, J. D WOOD, W. YOUNG, J. Albers SPEAKER D R JACKAMONIS, E. D PLOUS, L. D N JARONITZKY, J. R PORTER, C. R --- ASSEMBLY Filed., 19.... PAIR We hereby pair on the following questions relating to passage..... Mr.BROIDRICK AB 70 _for the bill Mr... ...against the..... ASSEMBLY RULE 81. Members may pair on any question by filing a signed statement with the chief clerk of the question on which they wish to be paired. The chief clerk shall read the pair to the assembly before the vote is taken. A blank form or "pair" for the use of the members shall be provided by the chief clerk. (1) No pair shall be recognized unless one or both of the parties are absent with leave. (2) If one party to a pair is present and votes, the pair is invalidated. (3) Pairs are applicable to the principal questions on a proposal and do not apply to amendments or procedural motions unless the pair so specifies. (4) A pair shall not be counted as part of the official result of a vote on a particular question but shall be recorded. --- WISCONSIN ASSEMBLY ROLL CALL 1204 ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED ☑ OTHE OTHER Reconsideration CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT LAY ON TABLE RULES SUSPENDED (Paired Two) SUB. AMEND. AMEND. S. A. RES. JT. RES. BILL ADOPTION NO. 0070 AYE 043 NAY D ABSENT OR NOT VOTING 002 09:30 TIME 10/27 MONTH DAY YEAR 1981 N NAME AN NAME AN Z> REJECTION NAME AN ANDREA, J. BARCZAK, G. BARRY, J. BECKER, D. DDDD JOHNSON, G. KINCAID, L. KIRBY, M. DDD POTTER, C. PROSSER, D. QUACKENBUSH, R. DRR KLICKA, G. R RADTKE, R. M R BEHNKE, R. D KNOX, R. BERNDT, J. R KUNICKI, W. RD R ROBERTS, V. BRADLEY, G. R LAATSCH, J. R ROBERTSON, A. ROBINSON, J. DR D BROYDRICK, W. D N LADWIG, J. R ROGERS, W. D BYERS, F. R LARSON, R. R ROONEY, J. D CLARENBACH, D. D LEE, M. D N RUTKOWSKI, J. D COGGS, M. D N LEOPOLD, S. D N SCHMIDT, E. R CONRADT, E. R M LEWISON, B. R SCHNEIDER, M. D CRAWFORD, T. D LOFTUS, T. D N SCHNEIDERS, L. R You CZARNEZKI, J. D LOOBY, J. D N SHABAZ, J. R DE LONG, D. R 101 LUCKHARDT, E. R SHOEMAKER, R. D DILWEG, G. R N MC ESSY, E. R SMITH, P. D DONOGHUE, S. R M MC EWEN, J. R A STITT, D. R DORFF, E. D DUREN, J. D MATTY, R. MEDINGER, J. R SWOBODA, L. D ELLIS, M. R MENOS, G. 00 D TESMER, L. D Y THOMPSON, T. R EVERSON, H. D N MERKT, J. R TRAVIS, D. D FISCHER, D. D METZ, S. D TRAVIS, R. R Y FLINTROP, R. D MILLER, M. D TREGONING, J. R GERLACH, C. D MUNTS, M. D TUCZYNSKI, P. D GOODRICH, P. R N MURRAY, T. D ULICHNY, B. D HARER, R. R HASENOHRL, D. D HAUKE, T. D HELBACH, D. D HEPHNER, G. D HOLSCHBACH, V. D HOPKINS, D. R NELSEN, B. NEUBAUER, J. NORQUIST, J. OTTE, C. PANZER, M. PAULSON, D. PLEWA, J. 2 R N VANDERPERREN, C. D D WAGNER, M. D D WILLIAMS, A. D D N WOOD, W. R A YOUNG, J. DR R JACKAMONIS, E. JARONITZKY, J. DR PLOUS, L. PORTER, C. DDR SPEAKER --- ☑ WISCONSIN ASSEMBLY ROLL CALL 1118 ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER Reconsideration CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT LAY ON TABLE RULES SUSPENDED S. A. RES. JT. RES. BILL SUB. AMEND. AMEND. ADOPTION REJECTION ABSENT OR NO. 0070 AYE 043 NAY 053 NOT VOTING 002 11:17 TIME MONTH 10/23 DAY YEAR 1801 1981 N N NAME AN NAME AN NAME ANDREA, J. BARCZAK, G. BARRY, J. DDD N JOHNSON, G. KINCAID, L. KIRBY, M. 100 D D D N POTTER, C. PROSSER, D. QUACKENBUSH, R. DRR BECKER, D. D N KLICKA, G. R RADTKE, R. R BEHNKE, R. D KNOX, R. R ROBERTS, V. D BERNDT, J. R KUNICKI, W. D ROBERTSON, A. R BRADLEY, G. R 的 LAATSCH, J. R ROBINSON, J. D BROYDRICK, W. D LADWIG, J. R ROGERS, W. D BYERS, F. R 的 LARSON, R. R ROONEY, J. D CLARENBACH, D. D N LEE, M. D N RUTKOWSKI, J. D COGGS, M. D N LEOPOLD, S. D N SCHMIDT, E. R CONRADT, E. R LEWISON, B. R SCHNEIDER, M. D CRAWFORD, T. D N LOFTUS, T. D N SCHNEIDERS, L. R CZARNEZKI, J. D LOOBY, J. D SHABAZ, J. R DE LONG, D. R LUCKHARDT, E. R 育 SHOEMAKER, R. D DILWEG, G. R MC ESSY, E. R SMITH, P. D DONOGHUE, S. R DORFF, E. D DUREN, J. D ELLIS, M. R A MC EWEN, J. MATTY, R. MEDINGER, J. MENOS, G. R STITT, D. R R SWOBODA, L. D DD TESMER, L. D THOMPSON, T. R EVERSON, H. D MERKT, J. R TRAVIS, D. D FISCHER, D. D N METZ, S. D TRAVIS, R. R FLINTROP, R. GERLACH, C. GOODRICH, P. DDR MILLER, M. D TREGONING, J. R N MUNTS, M. D TUCZYNSKI, P. N MURRAY, T. D ULICHNY, B. HARER, R. R HASENOHRL, D. D HAUKE, T. D N HELBACH, D. D NELSEN, B. NEUBAUER, J. NORQUIST, J. OTTE, C. 2 R VANDERPERREN, C. 100 D D D D N WAGNER, M. D D WILLIAMS, A. D D HEPHNER, G. D PANZER, M. R N HOLSCHBACH, V. D Y PAULSON, D. R HOPKINS, D. R PLEWA, J. D WOOD, W. YOUNG, J. Alberts SPEAKER DR R JACKAMONIS, E. JARONITZKY, J. DR PLOUS, L. D YOU PORTER, C. R N AN --- WISCONSIN ASSEMBLY ROLL CALL ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER S. A. RES. JT. RES. BILL X CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT 1120 LAY ON TABLE ☑ RULES SUSPENDED SUB. AMEND. AMEND. ADOPTION ABSENT OR REJECTION NO. 0070 AYE 047 NAY 049 NOT VOTING TIME 11:21 MONTH 10/23 DAY YEAR 1901 1981 N N N NAME AN NAME AN NAME AN ANDREA, J. BARCZAK, G. BARRY, J. 000 D JOHNSON, G. D POTTER, C. D KINCAID, L. D N PROSSER, D. D KIRBY, M. D QUACKENBUSH, R. DRR D BECKER, D. D KLICKA, G. R N RADTKE, R. R BEHNKE, R. D KNOX, R. R ROBERTS, V. D BERNDT, J. R N KUNICKI, W. D ROBERTSON, A. R BRADLEY, G. R N LAATSCH, J. R N ROBINSON, J. D BROYDRICK, W. D LADWIG, J. R N ROGERS, W. D BYERS, F. R N LARSON, R. R N ROONEY, J. D CLARENBACH, D. D LEE, M. D RUTKOWSKI, J. D COGGS, M. D LEOPOLD, S. D SCHMIDT, E. R CONRADT, E. R N LEWISON, B. R N SCHNEIDER, M. D CRAWFORD, T. D LOFTUS, T. D SCHNEIDERS, L. R CZARNEZKI, J. D LOOBY, J. D SHABAZ, J. R DE LONG, D. R N LUCKHARDT, E. R SHOEMAKER, R. D DILWEG, G. R MC ESSY, E. R SMITH, P. D DONOGHUE, S. R N MC EWEN, J. R STITT, D. R DORFF, E. D MATTY, R. R SWOBODA, L. D DUREN, J. D N MEDINGER, J. D ELLIS, M. R MENOS, G. D 10 TESMER, L. D THOMPSON, T. R EVERSON, H. D MERKT, J. R TRAVIS, D. D FISCHER, D. D M METZ, S. D TRAVIS, R. R FLINTROP, R. D MILLER, M. D TREGONING, J. R GERLACH, C. D MUNTS, M. D TUCZYNSK!, P. D GOODRICH, P. R MURRAY, T. D N ULICHNY, B. D HARER, R. R N NELSEN, B. R HASENOHRL, D. D N HAUKE, T. D HELBACH, D. D NEUBAUER, J. NORQUIST, J. OTTE, C. 2 D D A A VANDERPERREN, C. D WAGNER, M. D WILLIAMS, A. D D HEPHNER, G. D N PANZER, M. R N WOOD, W. YOUNG, J. D R HOLSCHBACH, V. D PAULSON, D. R HOPKINS, D. R N PLEWA, J. D SPEAKER JACKAMONIS, E. D PLOUS, L. D JARONITZKY, J. R N PORTER, C. R --- ☑ WISCONSIN ASSEMBLY ROLL CALL ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER S. A. RES. JT. RES. 1119 CONCURRENCE NONCONCURRENCE INDEFINITE POSTPONEMENT LAY ON TABLE RULES SUSPENDED (Paired Two) SUB. AMEND. AMEND. BILL ADOPTION REJECTION ABSENT OR NO. 0070 AYE 049 NAY 045 NOT VOTING 004 1981 TIME 11:18 MONTH 10/23 DAY YEAR 201 N N N NAME AN NAME AN NAME AN ANDREA, J. D JOHNSON, G. D POTTER, C. BARCZAK, G. D KINCAID, L. D N PROSSER, D. PR D BARRY, J. D KIRBY, M. D QUACKENBUSH, R. R BECKER, D. D KLICKA, G. R N RADTKE, R. R BEHNKE, R. D KNOX, R. R ROBERTS, V. D BERNDT, J. R N KUNICKI, W. D ROBERTSON, A. R BRADLEY, G. R N LAATSCH, J. R N ROBINSON, J. D BROYDRICK, W. D LADWIG, J. R N ROGERS, W. D BYERS, F. R N LARSON, R. R N ROONEY, J. D CLARENBACH, D. D LEE, M. D RUTKOWSKI, J. D COGGS, M. D LEOPOLD, S. D SCHMIDT, E. R CONRADT, E. R N LEWISON, B. R SCHNEIDER, M. D CRAWFORD, T. D M LOFTUS, T. D SCHNEIDERS, L. R CZARNEZKI, J. D LOOBY, J. D A SHABAZ, J. R DE LONG, D. R N LUCKHARDT, E. R SHOEMAKER, R. D DILWEG, G. R MC ESSY, E. R SMITH, P. D DONOGHUE, S. R N MC EWEN, J. R N STITT, D. R DORFF, E. D MATTY, R. R N SWOBODA, L. D DUREN, J. D N MEDINGER, J. D TESMER, L. D ELLIS, M. R N MENOS, G. D N THOMPSON, T. R EVERSON, H. D MERKT, J. R N TRAVIS, D. D FISCHER, D. D METZ, S. D TRAVIS, R. R FLINTROP, R. GERLACH, C. 10 D M MILLER, M. D TREGONING, J. R D N MUNTS, M. D TUCZYNSKI, P. D GOODRICH, P. R MURRAY, T. D N ULICHNY, B. D HARER, R. R N NELSEN, B. R VANDERPERREN, C. D HASENOHRL, D. D N HAUKE, T. D HELBACH, D. D HEPHNER, G. D N NEUBAUER, J. NORQUIST, J. OTTE, C. PANZER, M. 2 D WAGNER, M. D D V WILLIAMS, A. D D N WOOD, W. D R A YOUNG, J. R HOLSCHBACH, V. D N PAULSON, D. R HOPKINS, D. N PLEWA, J. Alberts SPEAKER R JACKAMONIS, E. JARONITZKY, J. RDR PLOUS, L. PORTER, C. DDR N --- ASSEMBLY Filed., 19.... PAIR We hereby pair on the following questions relating to reconsideration of passage on AB 70 Mr.... ... ...for the.... Beschanderation. Yes... _for Кобед......... Nace against the Recast ABB-70 ASSEMBLY RULE 81. Members may pair on any question by filing a signed statement with the chief clerk of the question on which they wish to be paired. chief clerk shall read the pair to the assembly before the vote is taken. A blank form or "pair" for the use of the members shall be provided by the chief clerk. (1) No pair shall be recognized unless one or both of the parties are absent with leave. (2) If one party to a pair is present and votes, the pair is invalidated. (3) Pairs are applicable to the principal questions on a proposal and do not apply to amendments or procedural motions unless the pair so specifies. (4) A pair shall not be counted as part of the official result of a vote on a particular question but shall be recorded. --- 1981 STATE OF WISCONSIN LRB-0124/2 KC:lt 70 1 AN ACT to amend 15.04 (1) (g), 16.765 (1) and (2) (a), 21.35, 66.39 (13), 2 3 4 5 6 7 80 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. of Analysis by the Legislative Reference Bureau This bill prohibits discrimination based upon the sexual orientation 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 promulgated by state agencies. rules 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: --- C COMMITTEE RECORD C (- Assembly Bill 70 February 17, 1981 May 12, 1981 (Re presentatives Clarenbach, Leopold, Coggs, Ulichny and Becker) AN ACT relating to prohibiting discrimination based upon sexual orientation. Referred to Committee on Health and Human Services Public Hearing 1:30 318 SW Present: Representatives Becker, Medinger, Miller, Coggs, Smith, Robinson, Czarnezki, Young, Dilweg, Stitt, Robertson and Schmidt Re presentatives Flintrop and Absent: Kunicki. Appearances for the Bill: David Clearenbach, Madison, for self. Robert Young, Milwaukee, for Lutheran Church in America, Greater Milw. Conference on Religion and Urban Affairs. Beverly Davison, Madison, for Wisconsin Baptist State Convention. Eric Jernberg, Milwaukee, for self. Dale Robinson, Milwaukee, for Greater Milw. Conference on Religious and Urban Affairs. Tony Larsen, Racine, for Unitaraan Univers- alist Churches of Racine and Kenosha Mary Neevel, Shorewood, for United Church of Christ. Mark Hazelbaker, Madison, for United Counci of U.W. Student Govt. Barbara Lightner, Madison for United. M. Ted Steege, Madison, for Luther Memorial Church. Sister Patricia Pechauer, Milwaukee, for Archdicesan Sisters council Leon Rouse, Brookfield, for the Committee for Fundamental Judeo-Christian Human Right: Constance Threinen, Middleton, for self. Appearances against the Bill: R. E. Pritchand, for self Registrations for the Bill: Dan Curd, Madison, for self. Dr. Paul Grossberg, Madison, for self. Dick Wagner, Madison, for Dane Cty. Bd of Supervisors. --- AB 70 Page 2 May 26, 1981 Geraldine Wolter, Brookfield, Wisconsin Chapter, Nat'l. Assoc. of Social Workers. Michael Grieves, Madison, Madison's Gay Canter. Paul DeMarco, Milwaukee, for Citizen's Coaltion. Stephen Leopold, Milwaukee, for 26th Assembly District. Cynthia Triggs, Madison, for self. Elizabeth Haugen, Madison, for self. Rev. Myron Talcott, Madison, for United Methodist Church. Charles Lomas, Kenosha, for self. Tim Jennings, Madison, for self. Lance Greene, Madison, for the United. Michael Thommen, Madison, for United. Tom Ramells, Sun Prarie, for United Methodist Church. Registrations against the Bill: Frank Meyer, Port Washington, for "Un-Gays". EXECUTIVE SESSION Present: Representatives Becker, Medinger Flintrop, Miller, Coggs, Smith, Kunicki Robinson, Czarnezki, Schmidt, Young, Dilweg Stitt and Robertson. Absent: None. Moved by Representative Becker, seconded by Representative Miller that AB 70 be recommended for Passage. Ayes: (8) Noes: (6) Motion Carried: Representatives Becker, Medinger, Flintrop, Miller, Coggs, Kunicki, Robinson and Czarnezki. Representatives Smith, Schmidt, Young, Dilweg, Stitt and Robertson. PASSAGE RECOMMENDED. Mindy Tarento Mindy Taranto, Committee Clerk --- Assembly Bill 70 ASSEMBLY JUDICIARY COMMITTEE RECORD (Representatives Clarenbach, Leopold, Coggs, Ulichny, and Becker) AN ACT relating to prohibiting discrimination based upon sexual orientation. February 3, 1981 Referred to Committee on Judiciary. February 17, 1981 Withdrawn from Judiciary Committee and referred to Committee on Health and Social Services. --- Assembly Bill 70 ASSEMBLY JUDICIARY COMMITTEE RECORD (Representatives Clarenbach, Leopold, Coggs, Ulichny, and Becker) AN ACT relating to prohibiting discrimination based upon sexual orientation. February 3, 1981 Referred to Committee on Judiciary. February 17, 1981 Withdrawn from Judiciary Committee and referred to Committee on Health and Social Services. --- WISCONSIN ASSEMBLY ROLL CALL ORDERED TO A THIRD READING PASSAGE IMMEDIATELY MESSAGED OTHER CONCURRENCE 1876 LAY ON TABLE NONCONCURRENCE INDEFINITE POSTPONEMENT RULES SUSPENDED SUB. AMEND. S. AMEND. S. A. RES. JT. RES. BILL X ADOPTION NO. 0070 AYE 086 NAY GI ABSENT OR NOT VOTING 000 11:23 TIME 02/18 1982 MONTH DAY YEAR REJECTION Z> N NAME AN NAME N AN NAME AN ANDREA, J. BARCZAK, G. BARRY, J. DDD BECKER, D. D BEHNKE, R. D JOHNSON, G. KINCAID, L. KIRBY, M. KLICKA, G. KNOX, R. DDD POTTER, C. PROSSER, D. DR HOU QUACKENBUSH, R. R BERNDT, J. R KUNICKI, W. RRD R RADTKE, R. R ROBERTS, V. D ROBERTSON, A. R BRADLEY, G. R LAATSCH, J. R Y ROBINSON, J. D BROYDRICK, W. Meaux D LADWIG, J. R ROGERS, W. D BYERS, F. R LARSON, R. R ROONEY, J. D CLARENBACH, D. D LEE, M. D RUTKOWSKI, J. D COGGS, M. D LEOPOLD, S. D SCHMIDT, E. R CONRADT, E. R 的 LEWISON, B. R SCHNEIDER, M. D CRAWFORD, T. D LOFTUS, T. D SCHNEIDERS, L. R CZARNEZKI, J. D LOOBY, J. D A SHABAZ, J. R DE LONG, D. R LUCKHARDT, E. R SHOEMAKER, R. D DILWEG, G. R MC ESSY, E. R SMITH, P. D DONOGHUE, S. R MC EWEN, J. R STITT, D. R DORFF, E. D MATTY, R. R SWOBODA, L. D DUREN, J. D N MEDINGER, J. ELLIS, M. R MENOS, G. 00 D TESMER, L. D D THOMPSON, T. R EVERSON, H. D 1000 MERKT, J. R TRAVIS, D. D FISCHER, D. D METZ, S. D TRAVIS, R. R FLINTROP, R. D MILLER, M. D TREGONING, J. R GERLACH, C. D MUNTS, M. D TUCZYNSKI, P. D GOODRICH, P. R MURRAY, T. D ULICHNY, B. D HARER, R. R Y NELSEN, B. R VANDERPERREN, C. D HASENOHRL, D. D HAUKE, T. D NEUBAUER, J. NORQUIST, J. HELBACH, D. D OTTE, C. 2 D WAGNER, M. D D WILLIAMS, A. D D WOOD, W. D HEPHNER, G. D PANZER, M. R YOUNG, J. R HOLSCHBACH, V. D PAULSON, D. R K HOPKINS, D. R PLEWA, J. D SPEAKER JACKAMONIS, E. JARONITZKY, J. DR PLOUS, L. D PORTER, C. R --- FISCAL ESTIMATE AP MBA-23 (Rev. 11/80) Subject 16 と Jacket ORIGINAL ☐ UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable 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 1. Increase Costs ☐ Increase Costs - May Be Possible to Absorb Within Agency's Budget Yes No ☐ Increase Existing Revenues Decrease Existing Revenues ☐ Decrease Costs ☑No local government costs 3. Increase Revenues ☐ Permissive Mandatory 2. Decrease Costs ☐ Permissive Mandatory Permissive ☐ Mandatory 4. Decrease Revenues Permissive Mandatory 5. Types of Local Governmental Units Affected: ☐ Cities Towns ☐ Counties Villages Others Fund Sources Affected Affected Ch. 20 Appropriations ☐ 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. Military Affairs Petest. Williams 241-6406 6406 Date 2/11/81 --- 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 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 (+). 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 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 $ SA $ + + + + + S $ + Increased Costs Decreased Costs $ $ + + + + 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 $ $ + Total Revenues + NET Impact $ (+) or on State Funds (-) (二) 0 Agency Military Affairs Total Revenues NET Impact + $ (+) or (-) on Local Funds Authorized Signature/Telephone No. Peter M. Williams 241-6406 00 Date 2/11/81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) Subject ☑ORIGINAL UPDATED ☐ CORRECTED Jack SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. AB 70 Amendment No. if Applicable 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 Local: ☐ No local government costs Increase Existing Revenues ☐ Decrease Existing Revenues ☑ Increase Costs - May Be Possible to Absorb Within Agency's Budget Yes ☐ No ☐ Decrease Costs 1. Increase Costs 3. Increase Revenues ☐ Permissive ☑Mandatory ☐ Permissive Mandatory 2. Decrease Costs Permissive ☐ Mandatory 4. Decrease Revenues ☐ Permissive Mandatory 5. Types of Local Governmental Units Affected: ☑Towns Villages Cities Counties EXOthers housing authorities and community relations-social development commissions Fund Sources Affected ☐ FED Affected Ch. 20 Appropriations PRO PRS SEG ☐ SEG-S ☐ GPR 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 Auth Sign Date Department of Development Rolf Wegenke 266-7068 2/10/81 --- 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 Increase Costs - May Be Possible to Absorb Within Agency's Budget ☑Yes ☐ No ☐ Decrease Costs Subject Prohibiting discremination based upon sexual orientation 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 3. Increase Revenues 7 5. Types of Local Governmental Units Affected: ☑Towns ☑Counties Villages Cities ☑ Others housing authorities and community relations social development commissions ☐ Permissive ☑ Mandatory ☐ Permissive Mandatory 2. Decrease Costs ☐ Permissive Mandatory 4. Decrease Revenues ☐ Permissive ☐ Mandatory Affected Ch. 20 Appropriations Fund Sources Affected ☐ GPR [] FED PRO PRS SEG ☐ SEG-S Assumptions Used in Arriving at Fiscal Estimate (cont'd) 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. Long-Range Fiscal Implications Agency Aut Date Department of Development Rolf Wegenke 266-7068 2/10/81 --- 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 (+). 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 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 Annualized fiscal impact on State funds from: $ - Increased Costs $ + + + + + Decreased Costs $ $ + Increased Costs Decreased Costs $ - $ + - 1 1 + + Increased Pos. Decreased Pos. + ( Decreased Rev. Increased Rev. $ $ + + + Annual Decreases $ + TOTAL State Revenues S - $ + Net Annualized Fiscal Impact on State & Local Funds State Annual Increases Annual Decreases Local negligible Annual Increases Indeterminable Total Costs $ + Total Costs $ - Total Revenues + negligible Total Revenues + NET Impact $ (+) NET Impact or (+) or on State Funds (-) Agency Autho Department of Development on Local Fund Rolf Wegenke 266-7068 (-)Indeterminable Date 2/10/81 --- FISCAL ESTIMATE AD-MBA-23 (Rev. 11/80) ORIGINAL ☐ UPDATED ☐ CORRECTED ☐ SUPPLEMENTAL 1981 Session LRB or Bill No./Adm. Rule No. Assembly Bill 70 Amendment No. if Applicable 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 Local: ☐ No local government costs 1. Increase Costs 2. Decrease Costs Increase Costs - May Be Possible to Absorb Within Agency's Budget ☐ Yes ☐ No Increase Existing Revenues ☐ Decrease Existing Revenues ☐ Decrease Costs ☐ Cities 5. Types of Local Governmenta! Units Affected: Towns Villages Counties ☐ Others ☐ Permissive ☐ Mandatory 3. Increase Revenues ☐ Permissive Mandatory ☐ Permissive ☐ Mandatory 4. Decrease Revenues ☐ Permissive 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 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 This conclusion is based upon these assumptions: enacted. 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 Signatura Telephone No. Department of Employment Relations Alan G. Klitzkle Date 266-1254 2-12-81 ---