LRB-1913/1
MIM&FFK:cdc
2023 - 2024 LEGISLATURE
September 29, 2023 - Introduced by Senators Spreitzer, Carpenter, Roys,
Agard,
Hesselbein, L. Johnson, Larson, Smith and Taylor, cosponsored by
Representatives Neubauer, Snodgrass, Cabrera, Ratcliff, Clancy, C.
Anderson, J. Anderson, Baldeh, Bare, Conley, Considine, Drake, Emerson,
Hong, Joers, Moore Omokunde, Ohnstad, Ortiz-Velez, Palmeri,
Shankland, Shelton, Sinicki and Subeck. Referred to Committee on
Government Operations.
SB474,2,2
1An Act to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a),
236.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 38.23 (4), 47.02 (3m) (f), 48.82 (1)
3(a), 48.82 (6), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1),
466.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195
5(5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
6(3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
7106.52 (3) (b), 106.52 (3) (c), 106.52 (3) (d), 106.52 (3) (e), 106.58, 111.31 (1),
8111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (br), 111.36 (1) (c), 111.36
9(1) (d) 1., 111.36 (1) (d) 2., 111.36 (2), 111.70 (2), 111.81 (12) (b), 111.85 (2) (b),
10118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o),
11227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2),
12452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and
to create 106.50 (1m)
13(kg), 106.52 (1) (cr), 111.32 (7j), 118.13 (1m) and 628.34 (3) (c) of the statutes;
14relating to: discrimination in employment, housing, public accommodations,
1education, insurance coverage, national guard, jury duty, and adoption and in
2the receipt of mental health or vocational rehabilitation services.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of an individual's gender identity
or gender expression, which is defined in the bill as an individual's gender-related
identity, gender-related appearance, gender-related expression, or gender-related
behavior, regardless of the individual's assigned sex at birth or gender identifiers on
official documents issued by a federal, state, or local government agency. The bill also
make changes to various discrimination laws, including all of the following:
1. Current law prohibits discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement on the basis of a
person's sex or sexual orientation. Current law also requires certain state agencies,
authorities, and corporations to include provisions in contracts they execute obliging
the contractor to similarly not discriminate against any employee or applicant for
employment. This bill adds gender identity or gender expression as a prohibited
basis for discrimination in these areas.
2. Current law prohibits the University of Wisconsin System, the Technical
College System, public elementary and secondary schools, and charter schools from
discriminating against a student on the basis of the student's sex or sexual
orientation. This bill prohibits the same educational institutions from
discriminating against a student on the basis of the student's gender identity or
gender expression, and from discriminating against a student based on the protected
status of the student's parent. This bill also prohibits the UW System Board of
Regents from investing gifts, grants, and bequests in companies that practice
discrimination based on sexual orientation or gender identity or gender expression.
3. Current law prohibits the exclusion of an individual from jury duty on the
basis of the individual's sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis for exclusion of an individual from jury duty.
4. Current law allows only either a single adult or a husband and wife jointly
to adopt a child. This bill allows only either a single individual or two individuals
married to each other jointly to adopt a child, and also provides that no otherwise
qualified person may be denied the benefits of the adoption and guardianship statute
subchapter because of the person's sex, sexual orientation, or gender identity or
gender expression.
5. Current law requires heads of executive departments and agencies to
determine whether there is arbitrary discrimination on the basis of sex or sexual
orientation, and to take remedial action if such discrimination is found. This bill
requires these heads to also determine if there is discrimination on the basis of
gender identity or gender expression, and take remedial action regarding such
discrimination.
6. Current law prohibits discriminating against an employee, prospective
employee, patient, or resident of an approved treatment facility providing treatment
of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on
the basis of sex. This bill adds sexual orientation and gender identity or gender
expression as prohibited bases of discrimination.
7. Current law prohibits agency rules from discriminating against a person by
reason of sex or sexual orientation. This bill adds gender identity or gender
expression as prohibited bases of discrimination.
8. Current law prohibits discrimination on the basis of sex in the provision of
vocational rehabilitation or mental health services. This bill adds sexual orientation
and gender identity or gender expression to the prohibited bases of discrimination.
9. Current law prohibits the national guard or state defense force from denying
membership based on sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis of discrimination. This bill also provides that
no member of the national guard or state defense force may be denied equal access
to facilities most consistent with the person's gender identity.
10. Current law provides that sex is a bona fide occupational qualification if all
of the members of one sex are physically incapable of performing the essential duties
required by a job, or if the essence of the employer's business operation would be
undermined if employees were not hired exclusively from one sex. This bill adds to
the sex as a bona fide occupational qualification law that an individual may not be
treated or regarded inconsistent with the individual's gender identity, or
discriminated against based on the individual's gender identity or gender
expression.
11. Current law allows public places of accommodation or amusement to
provide separate facilities to persons of different sexes. This bill provides that public
places of accommodation or amusement may provide separate facilities to persons
of different sexes, but prohibits those places from denying individuals equal access
to the facilities most consistent with the individual's gender identity.
12. This bill prohibits an insurer from discriminating against an individual on
the basis of age, residence, race, color, creed, religion, national origin, ancestry,
marital status, occupation, gender identity or gender expression, sex, or sexual
orientation, and also prohibits motor carriers, automobile insurers, transportation
network companies, and real estate brokers and salespersons from discriminating
against an individual on the basis of sexual orientation or gender identity or gender
expression.
13. The bill expressly prohibits a school board from discriminating against a
student-led organization because the organization's mission is related to sexual
orientation, gender identity, or gender expression.
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:
SB474,1
1Section
1. 15.04 (1) (g) of the statutes is amended to read:
SB474,4,9
115.04
(1) (g)
Discrimination review. In order to determine whether there is any
2arbitrary discrimination on the basis of race, religion, national origin, sex, marital
3status
oder, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual
4orientation
, as defined in s. 111.32 (13m), examine and assess the statutes under
5which the head has powers or regulatory responsibilities, the procedures by which
6those statutes are administered
, and the rules promulgated under those statutes.
7If the department or agency head finds any such discrimination,
he or she the agency
8head shall take remedial action, including making recommendations to the
9appropriate executive, legislative
, or administrative authority.
SB474,2
10Section
2. 16.765 (1) of the statutes is amended to read:
SB474,4,2211
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
14Economic Development Corporation, and the Bradley Center Sports and
15Entertainment Corporation shall include in all contracts executed by them a
16provision obligating the contractor not to discriminate against any employee or
17applicant for employment because of age, race, religion, color,
handicap disability,
18sex, physical condition, developmental disability
, as defined in s. 51.01 (5), sexual
19orientation
, as defined in s. 111.32 (13m),
gender identity or gender expression, as
20defined in s. 111.32 (7j), or national origin and, except with respect to sexual
21orientation
or gender identity or gender expression, obligating the contractor to take
22affirmative action to ensure equal employment opportunities.
SB474,3
23Section
3. 16.765 (2) of the statutes is amended to read:
SB474,5,1724
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
25Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
1Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
2Economic Development Corporation, and the Bradley Center Sports and
3Entertainment Corporation shall include the following provision in every contract
4executed by them: “In connection with the performance of work under this contract,
5the contractor agrees not to discriminate against any employee or applicant for
6employment because of age, race, religion, color,
handicap disability, sex, physical
7condition, developmental disability
, as defined in s. 51.01 (5), sexual orientation
, as
8defined in s. 111.32 (13m), gender identity or gender expression, as defined in s.
9111.32 (7j), or national origin. This provision shall include
, but not be limited to, the
10following: employment, upgrading, demotion or transfer; recruitment or recruitment
11advertising; layoff or termination; rates of pay or other forms of compensation; and
12selection for training, including apprenticeship. Except with respect to sexual
13orientation
or gender identity or gender expression, the contractor further agrees to
14take affirmative action to ensure equal employment opportunities. The contractor
15agrees to post in conspicuous places, available for employees and applicants for
16employment, notices to be provided by the contracting officer setting forth the
17provisions of the nondiscrimination
clause".
clause."
SB474,4
18Section
4. 36.09 (1) (e) of the statutes is amended to read:
SB474,6,719
36.09
(1) (e) Subject to par. (em), the board shall appoint a president of the
20system; a chancellor for each institution; a dean for each college campus; the state
21geologist; the director of the laboratory of hygiene; the director of the psychiatric
22institute; the state cartographer; and the requisite number of officers, other than the
23vice presidents, associate vice presidents, and assistant vice presidents of the
24system; faculty; academic staff; and other employees and fix the salaries, subject to
25the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
1for each. The board shall fix the salaries, subject to the limitations under par. (j) and
2s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice
3president, and assistant vice president of the system. No sectarian or partisan tests
4or any tests based upon race, religion, national origin,
oder sex
, gender identity or
5gender expression, as defined in s. 111.32 (7j), or sexual orientation, as defined in s.
6111.32 (13m), shall ever be allowed or exercised in the appointment of the employees
7of the system.
SB474,5
8Section
5. 36.11 (3) (a) of the statutes is amended to read:
SB474,6,179
36.11
(3) (a) The board shall establish the policies for admission within the
10system and within these policies each institution shall establish specific
11requirements for admission to its courses of instruction. No sectarian or partisan
12tests test or any
tests test based upon race,
color, creed, religion,
sex, national origin
13of U.S. citizens or sex, disability, ancestry, age, sexual orientation, as defined in s.
14111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j),
15pregnancy, marital status, or parental status shall ever be allowed in the admission
16of
students thereto a student to any service, course, program, or facility of the system
17or any of its institutions.
SB474,6
18Section
6. 36.12 (1) of the statutes is amended to read:
SB474,6,2519
36.12
(1) No student may be denied admission to, participation in
, or the
20benefits of, or be discriminated against in
, any service, program, course
, or facility
21of the system or its institutions because of the
student's race, color, creed, religion,
22sex, national origin, disability, ancestry, age, sexual orientation,
as defined in s.
23111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), 24pregnancy, marital status
, or parental status
of the student or of the student's
25parent.
SB474,7
1Section
7. 36.29 (1) of the statutes is amended to read:
SB474,7,202
36.29
(1) All gifts, grants, and bequests for the benefit or advantage of the
3system or any of its institutions, departments, or facilities or to provide any means
4of instruction, illustration, or knowledge in connection therewith, whether made to
5trustees or otherwise, shall be valid notwithstanding any other provision of this
6chapter except as otherwise provided in this subsection and shall be executed and
7enforced according to the provisions of the instrument making the same, including
8all provisions and directions in any such instrument for accumulation of the income
9of any fund or rents and profits of any real estate without being subject to the
10limitations and restrictions provided by law in other cases; but no such income
11accumulation shall be allowed to produce a fund more than 20 times as great as that
12originally given. No investment of the funds of such gifts, grants, or bequests shall
13knowingly be made in any company, corporation, subsidiary, or affiliate that
14practices or condones through its actions discrimination on the basis of race, religion,
15color, creed,
or sex
, gender identity or gender expression, as defined in s. 111.32 (7j),
16or sexual orientation, as defined in s. 111.32 (13m). Except as otherwise provided in
17this section, the board may invest not to exceed 85 percent of trust funds held and
18administered by the board in common stocks. This subsection does not apply to a gift,
19grant, or bequest that the board declines to accept or that the board is not authorized
20to accept under this section.
SB474,8
21Section
8. 38.04 (13) (b) of the statutes is amended to read:
SB474,8,222
38.04
(13) (b) No person may, on the ground of sex,
gender identity or gender
23expression, as defined in s. 111.32 (7j), sexual orientation, as defined in s. 111.32
24(3m), age, race, color, religion
, or national origin, be excluded from participating in,
1be denied the benefits of, or be subjected to discrimination under any program or
2activity funded in whole or in part with funds made available under this subsection.
SB474,9
3Section
9. 38.23 (1) of the statutes is amended to read:
SB474,8,94
38.23
(1) No student may be denied admission to, participation in
, or the
5benefits of, or be discriminated against in
, any service, program, course
, or facility
6of the board or any district because of the
student's race, color, creed, religion, sex,
7national origin, disability, ancestry, age, sexual orientation,
as defined in s. 111.32
8(13m), gender identity or gender expression, as defined in s. 111.32 (7j), pregnancy,
9marital status
, or parental status
of the student or of the student's parent.
SB474,10
10Section
10. 38.23 (4) of the statutes is amended to read:
SB474,8,1411
38.23
(4) Nothing in this section or s. 36.12 prevents institutions from
12segregating students in dormitories based on sex
, except that no person may be
13denied equal access to the dormitory most consistent with the person's gender
14identity.
SB474,11
15Section
11. 47.02 (3m) (f) of the statutes is amended to read:
SB474,8,2216
47.02
(3m) (f) Assure that eligibility for vocational rehabilitation services
17under this chapter is determined without regard to
the sex,
gender identity or gender
18expression, as defined in s. 111.32 (7j), sexual orientation, as defined in s. 111.32
19(13m), race, age, creed, color, or national origin of the individual applying for
20services, that no class of individuals is found ineligible solely on the basis of type of
21disability
, and that no age limitations for eligibility exist
which that, by themselves,
22would result in ineligibility for vocational rehabilitation services.
SB474,12
23Section 12
. 48.82 (1) (a) of the statutes is amended to read:
SB474,8,2524
48.82
(1) (a)
A husband and wife
Two adults married to each other jointly, or
25either
the husband or wife spouse if the other spouse is a parent of the minor.
SB474,13
1Section
13. 48.82 (6) of the statutes is amended to read:
SB474,9,52
48.82
(6) No otherwise qualified person may be denied the benefits of this
3subchapter because of
his or her the person's race, color, ancestry
or, national origin
,
4sex, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual
5orientation, as defined in s. 111.32 (13m).