SB336: Bill Text

2021 Senate BILL 336

May 14, 2021 - Introduced by Senator Jacque, cosponsored by Representatives Moses, Thiesfeldt, Allen, Armstrong, Brooks, Cabral-Guevara, Callahan, Horlacher, Plumer, Rozar, Schraa, Sortwell, Wichgers and Jagler. Referred to Committee on Health.

SB336,1,11 An Act to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a), 36.12 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f), 51.90, 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5., 106.58, 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.70 (2), 111.81 (12) (b), 111.85 (2) (b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o), 227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 440.45 (1), 440.45 (2), 452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and to create 48.82 (7), 106.50 (1m) (v), 106.52 (1) (h), 111.32 (15), 111.373 and 628.34 (3) (c) of the statutes; relating to: prohibiting discrimination based on vaccination status.

Analysis by the Legislative Reference Bureau

This bill prohibits discrimination on the basis of vaccination status, which is defined in the bill as whether an individual has received one or more doses of a vaccine. 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 disability. 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. The bill adds vaccination status 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 disability. The bill prohibits the same educational institutions from discriminating against a student on the basis of the student's vaccination status. The bill also prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on vaccination status.

3. Current law prohibits the exclusion of an individual from jury duty on the basis of the individual's physical condition. The bill adds vaccination status as a prohibited basis for exclusion of an individual from jury duty.

4. The bill prohibits discrimination against an otherwise qualified person in the adoption of minor children because of the person's vaccination status.

5. Current law requires the heads of departments and independent agencies in the executive branch of state government to determine whether there is arbitrary discrimination on several bases and to take remedial action if such discrimination is found. The bill requires these heads to also determine if there is discrimination on the basis of vaccination status and take remedial action regarding such discrimination.

6. Current law prohibits discrimination 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 several bases. The bill adds vaccination status as a prohibited basis of discrimination.

7. Current law prohibits state agency rules from discriminating against a person on several bases. The bill adds vaccination status as a prohibited basis of discrimination.

8. Current law prohibits discrimination on several bases in the provision of vocational rehabilitation or mental health services. The bill adds vaccination status to the prohibited bases of discrimination.

9. The bill prohibits an insurer from discriminating against an individual on the basis of vaccination status 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 vaccination status.

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:

SB336,1 Section 1 . 15.04 (1) (g) of the statutes is amended to read:

SB336,3,10 15.04 (1) (g) Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex, marital status or, sexual orientation, as defined in s. 111.32 (13m), or vaccination status, as defined in s. 111.32 (15), 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 shall take remedial action, including making recommendations to the appropriate executive, legislative, or administrative authority.

SB336,2 Section 2 . 16.765 (1) of the statutes is amended to read:

SB336,4,2 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee 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 (13m), or national origin , or vaccination status, as defined in s. 111.32 (15), and, except with respect to sexual orientation and vaccination status, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB336,3 Section 3 . 16.765 (2) of the statutes is amended to read:

SB336,4,21 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee 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 or, national origin, or vaccination status, as defined in s. 111.32 (15). This provision shall include, 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, including apprenticeship. Except with respect to sexual orientation and vaccination status, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause”. clause.”

SB336,4 Section 4 . 36.09 (1) (e) of the statutes is amended to read:

SB336,5,10 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex, or vaccination status, as defined in s. 111.32 (15), shall ever be allowed or exercised in the appointment of the employees of the system.

SB336,5 Section 5. 36.11 (3) (a) of the statutes is amended to read:

SB336,5,17 36.11 (3) (a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or, sex, or vaccination status, as defined in s. 111.32 (15), shall ever be allowed in the admission of students thereto.

SB336,6 Section 6 . 36.12 (1) of the statutes is amended to read:

SB336,5,23 36.12 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or, parental status, or vaccination status, as defined in s. 111.32 (15).

SB336,7 Section 7 . 38.04 (13) (b) of the statutes is amended to read:

SB336,6,5 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or, national origin, or vaccination status, as defined in s. 111.32 (15), be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.

SB336,8 Section 8 . 38.23 (1) of the statutes is amended to read:

SB336,6,11 38.23 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the board or any district because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or, parental status, or vaccination status, as defined in s. 111.32 (15).

SB336,9 Section 9 . 47.02 (3m) (f) of the statutes is amended to read:

SB336,6,18 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to sex, race, age, creed, color, or national origin, or vaccination status, as defined in s. 111.32 (15), of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

SB336,10 Section 10. 48.82 (7) of the statutes is created to read:

SB336,6,21 48.82 (7) No otherwise qualified person may be denied the benefits of this subchapter because of the person's vaccination status, as defined in s. 111.32 (15).

SB336,11 Section 11 . 51.90 of the statutes is amended to read:

SB336,7,2 51.90 Antidiscrimination. No employee, prospective employee, patient, or resident of an approved treatment facility, or consumer of services provided under this chapter, may be discriminated against because of age, race, creed, color, sex or handicap, disability, or vaccination status, as defined in s. 111.32 (15).

SB336,12 Section 12 . 66.1011 (1) of the statutes is amended to read:

SB336,7,16 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry, or vaccination status, as defined in s. 111.32 (15), is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

SB336,13 Section 13 . 66.1201 (2m) of the statutes is amended to read:

SB336,7,23 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination status, as defined in s. 111.32 (15).

SB336,14 Section 14 . 66.1213 (3) of the statutes is amended to read:

SB336,8,6 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination status, as defined in s. 111.32 (15).

SB336,15 Section 15 . 66.1301 (2m) of the statutes is amended to read:

SB336,8,13 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination status, as defined in s. 111.32 (15).

SB336,16 Section 16 . 66.1331 (2m) of the statutes is amended to read:

SB336,8,20 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination status, as defined in s. 111.32 (15).

SB336,17 Section 17 . 66.1333 (3) (e) 2. of the statutes is amended to read:

SB336,9,2 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or vaccination status, as defined in s. 111.32 (15).

SB336,18 Section 18 . 86.195 (5) (c) of the statutes is amended to read:

SB336,9,9 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation, and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or, national origin , or vaccination status, as defined in s. 111.32 (15).

SB336,19 Section 19. 106.50 (1) of the statutes is amended to read:

SB336,9,24 106.50 (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, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry, or vaccination status, and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that 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 considered 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.

SB336,20 Section 20. 106.50 (1m) (h) of the statutes is amended to read:

SB336,10,5 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry, or vaccination status.

SB336,21 Section 21. 106.50 (1m) (nm) of the statutes is amended to read:

SB336,10,11 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry, or vaccination status.

SB336,22 Section 22. 106.50 (1m) (v) of the statutes is created to read:

SB336,10,13 106.50 (1m) (v) “Vaccination status” has the meaning given in s. 111.32 (15).

SB336,23 Section 23. 106.50 (5m) (f) 1. of the statutes is amended to read:

SB336,10,20 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, religion, creed, status as a victim of domestic abuse, sexual assault, or stalking, vaccination status, or, subject to subd. 2., age.

SB336,24 Section 24. 106.52 (1) (h) of the statutes is created to read:

SB336,10,22 106.52 (1) (h) “Vaccination status” has the meaning given in s. 111.32 (15).

SB336,25 Section 25. 106.52 (3) (a) 1. of the statutes is amended to read:

SB336,11,2 106.52 (3) (a) 1. Deny to another or charge 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, vaccination status, disability, sexual orientation, national origin, or ancestry.

SB336,26 Section 26. 106.52 (3) (a) 2. of the statutes is amended to read:

SB336,11,7 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin or, ancestry, or vaccination status.

SB336,27 Section 27. 106.52 (3) (a) 3. of the statutes is amended to read:

SB336,11,16 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail 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, or that the patronage of any person is unwelcome, objectionable, or unacceptable, because of sex, race, color, creed, disability, sexual orientation, national origin or, ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons , or vaccination status.

SB336,28 Section 28 . 106.52 (3) (a) 4. of the statutes is amended to read:

SB336,11,20 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin or, ancestry, or vaccination status.

SB336,29 Section 29. 106.52 (3) (a) 5. of the statutes is amended to read:

SB336,11,25 106.52 (3) (a) 5. 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, or vaccination status, regarding the use of any private facilities commonly rented to the public.

SB336,30 Section 30. 106.58 of the statutes is amended to read:

SB336,12,5 106.58 Discrimination in education prohibited. No child may be excluded from or discriminated against in admission to any public school or in obtaining the advantages, privileges, and courses of study of such public school on account of sex, race, religion or, national origin , or vaccination status, as defined in s. 111.32 (15).

SB336,31 Section 31. 111.31 (1) of the statutes is amended to read:

SB336,12,22 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

SB336,32 Section 32. 111.31 (2) of the statutes is amended to read:

SB336,13,11 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

SB336,33 Section 33. 111.31 (3) of the statutes is amended to read:

SB336,13,22 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

SB336,34 Section 34. 111.32 (15) of the statutes is created to read:

SB336,13,25 111.32 (15) “Vaccination status” means whether an individual has received one or more doses of a vaccine.

SB336,35 Section 35. 111.321 of the statutes is amended to read:

SB336,14,9 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status.