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2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 409
February 22, 2022 - Offered by Representatives Stubbs, Haywood, Baldeh, Drake,
Moore Omokunde, Anderson, Billings, Brostoff, Conley, Considine,
Emerson, Goyke, Hong, B. Meyers, Neubauer, S. Rodriguez, Shankland,
Shelton, Sinicki, Snodgrass, Spreitzer, Subeck, Vining and Vruwink.
SB409-ASA1,1,5 1An Act to amend 230.08 (2) (fs); and to create 15.04 (4), 15.105 (25), 15.107 (20),
216.02, 20.923 (6) (ak), 20.923 (6) (ar) and 230.08 (2) (ym) of the statutes;
3relating to: creating the Council for Equity and Inclusion and the Office for
4Equity and Inclusion, funding for UW System and special education aid, and
5making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates the Council for Equity and Inclusion and the Office for Equity
and Inclusion, both attached to the Department of Administration. Under the bill,
the council must do all of the following: establish and annually update a statewide
plan for equity and inclusion in this state; designate individuals to coordinate with
the Office for Equity and Inclusion to implement and enforce the plan established by
the council; review individual agency plans for equity and inclusion; and submit
annual reports of activities and updates to the statewide plan for equity and
inclusion to the governor and the legislature. Under the bill, the Office for Equity
and Inclusion must establish programs to implement and enforce the plan
established by the Council for Equity and Inclusion.
Also, under the bill, the head of each executive branch entity represented on the
Council for Equity and Inclusion must appoint an officer for equity and inclusion,

and each such officer must develop and implement an annual plan for equity and
inclusion that must be submitted to the council for review and approval. The bill also
authorizes five full-time equivalent GPR positions for the Office for Equity and
Inclusion and one full-time equivalent position for each of the executive branch
entities represented on the Council for Equity and Inclusion.
The bill also provides additional funding for the University of Wisconsin
System under its general program operations appropriation and for special
education aid for school districts, independent charter schools, cooperative
educational service agencies, and county children with disabilities education boards
for purposes of maintaining compliance with maintenance of effort requirements of
the federal Consolidated Appropriations Act and the federal American Rescue Plan
Act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB409-ASA1,1 1Section 1. 15.04 (4) of the statutes is created to read:
SB409-ASA1,2,52 15.04 (4) Officer for equity and inclusion. The head of each department or
3entity listed in s. 15.107 (20) (b) to (v) shall appoint an officer for equity and inclusion
4to serve at the pleasure of the head of the department or entity outside the classified
5service.
SB409-ASA1,2 6Section 2. 15.105 (25) of the statutes is created to read:
SB409-ASA1,2,117 15.105 (25) Office for equity and inclusion. There is created an office for
8equity and inclusion attached to the department of administration under s. 15.03.
9The office shall be under the direction and supervision of a director, who shall be
10appointed by the council for equity and inclusion, and serve at the pleasure of the
11council. The director shall appoint a deputy director in the unclassified service.
SB409-ASA1,3 12Section 3. 15.107 (20) of the statutes is created to read:
SB409-ASA1,3,213 15.107 (20) Council for equity and inclusion. There is created a council for
14equity and inclusion, attached to the department of administration under s. 15.03.
15The council shall meet quarterly and may meet at other times on the call of the

1chairperson or a majority of its members. The council consists of the following
2members:
SB409-ASA1,3,33 (a) The governor, or his or her designee, who shall serve as chairperson.
SB409-ASA1,3,44 (b) The secretary of administration, or his or her designee.
SB409-ASA1,3,65 (c) The secretary of agriculture, trade and consumer protection, or his or her
6designee.
SB409-ASA1,3,77 (d) The secretary of health services, or his or her designee.
SB409-ASA1,3,88 (e) The secretary of children and families, or his or her designee.
SB409-ASA1,3,99 (f) The secretary of workforce development, or his or her designee.
SB409-ASA1,3,1010 (g) The secretary of veterans affairs, or his or her designee.
SB409-ASA1,3,1111 (h) The secretary of corrections, or his or her designee.
SB409-ASA1,3,1212 (i) The state superintendent of public instruction, or his or her designee.
SB409-ASA1,3,1313 (j) The secretary of financial institutions, or his or her designee.
SB409-ASA1,3,1414 (k) The attorney general, or his or her designee.
SB409-ASA1,3,1515 (L) The adjutant general of military affairs, or his or her designee.
SB409-ASA1,3,1616 (m) The secretary of natural resources, or his or her designee.
SB409-ASA1,3,1717 (n) The secretary of safety and professional services, or his or her designee.
SB409-ASA1,3,1818 (o) The secretary of revenue, or his or her designee.
SB409-ASA1,3,1919 (p) The secretary of tourism, or his or her designee.
SB409-ASA1,3,2020 (q) The secretary of transportation, or his or her designee.
SB409-ASA1,3,2121 (r) The commissioner of insurance, or his or her designee.
SB409-ASA1,3,2322 (s) The chief executive officer of the Wisconsin Economic Development
23Corporation, or his or her designee.
SB409-ASA1,3,2524 (t) The executive director of the Wisconsin Housing and Economic
25Development Authority, or his or her designee.
SB409-ASA1,4,1
1(u) The chairperson of the public service commission, or his or her designee.
SB409-ASA1,4,32 (v) The executive secretary of the higher educational aids board, or his or her
3designee.
SB409-ASA1,4,54 (w) One representative to the assembly appointed by the speaker of the
5assembly.
SB409-ASA1,4,76 (x) One representative to the assembly appointed by the minority leader of the
7assembly.
SB409-ASA1,4,88 (y) One senator appointed by the majority leader of the senate.
SB409-ASA1,4,99 (z) One senator appointed by the minority leader of the senate.
SB409-ASA1,4,1010 (aa) One current judge or former judge appointed by the director of state courts.
SB409-ASA1,4,1211 (ab) One individual designated by the board of directors of the Great Lakes
12Inter-Tribal Council, Inc.
SB409-ASA1,4 13Section 4. 16.02 of the statutes is created to read:
SB409-ASA1,4,14 1416.02 Equity and inclusion. (1) Definitions. In this section:
SB409-ASA1,4,1515 (a) “Council” means the council for equity and inclusion.
SB409-ASA1,4,1616 (b) “Director” means the director appointed under s. 15.105 (25).
SB409-ASA1,4,1717 (c) “Office” means the office for equity and inclusion.
SB409-ASA1,4,18 18(2) Duties of the council. The council shall do all of the following:
SB409-ASA1,4,2019 (a) Establish and annually review and update a statewide plan with the
20purpose of promoting equity and inclusion in this state.
SB409-ASA1,4,2421 (b) Designate individuals from each entity represented on the council, who
22shall meet at least twice quarterly, to coordinate with the office regarding the
23implementation and enforcement of the plan established by the council under par.
24(a).
SB409-ASA1,5,2
1(c) Review and approve, or request revision of, a plan for equity and inclusion
2submitted under sub. (6).
SB409-ASA1,5,63 (d) Not later than December 31 of each year, submit a report on the activities
4of the council, and updates to the plan established under par. (a), to the governor and
5to the chief clerk of each house of the legislature, for distribution to the appropriate
6standing committees under s. 13.172 (3).
SB409-ASA1,5,8 7(3) Duties of the director. The director shall coordinate the activities of the
8council and entities with a representative on the council.
SB409-ASA1,5,9 9(4) Duties of the office. The office shall do all of the following:
SB409-ASA1,5,1110 (a) Distribute to all state agencies an electronic copy of the most recent plan
11established by the council under sub. (2) (a).
SB409-ASA1,5,1312 (b) Establish programs to implement and enforce the plan established by the
13council under sub. (2) (a).
SB409-ASA1,5,1514 (c) Post on the office's Internet site the most recent plan established by the
15council under sub. (2) (a).
SB409-ASA1,5,16 16(5) Duties of state agencies. State agencies shall do all of the following:
SB409-ASA1,5,1917 (a) Cooperate with the council, the office, and individuals designated under
18sub. (2) (b) in the implementation and enforcement of the plan established by the
19council under sub. (2) (a).
SB409-ASA1,5,2220 (b) Post on the agency's Internet site the most recent plan established by the
21council under sub. (2) (a) and, as applicable, the most recent plan developed under
22sub. (6).
SB409-ASA1,6,2 23(6) Entity plans for equity and inclusion. Each officer for equity and
24inclusion appointed under s. 15.04 (4) shall develop and implement a plan for equity

1and inclusion for the department or entity. Annually, the officer shall submit the
2plan to the council for review and approval or revision.
SB409-ASA1,5 3Section 5. 20.923 (6) (ak) of the statutes is created to read:
SB409-ASA1,6,54 20.923 (6) (ak) Administration, department of; office for equity and inclusion:
5director.
SB409-ASA1,6 6Section 6. 20.923 (6) (ar) of the statutes is created to read:
SB409-ASA1,6,87 20.923 (6) (ar) Each officer for equity and inclusion appointed under s. 15.04
8(4).
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