LRB-3768/1
MIM&EVM:wlj/klm/cjs
2021 - 2022 LEGISLATURE
June 10, 2021 - Introduced by Senators Jacque, Nass and Wanggaard, cosponsored
by Representatives Magnafici, Ramthun, Allen, Behnke, Cabral-Guevara,
Gundrum, Horlacher, Kuglitsch, Rozar, Sortwell, Wichgers and
Thiesfeldt. Referred to Committee on Government Operations, Legal Review
and Consumer Protection.
SB410,1,3
1An Act to create 66.05105 and 230.49 of the statutes;
relating to: anti-racism
2and anti-sexism training for employees of state government and local
3government.
Analysis by the Legislative Reference Bureau
This bill prohibits sex and race stereotyping in training provided to employees
of local and state government.
Under the bill, a political subdivision or state agency is prohibited from
requiring an employee to attend a training that teaches, advocates, acts upon, or
promotes race or sex stereotyping. Among the concepts that are prohibited from
being taught under the bill are the following: that one race or sex is inherently
superior to another race or sex and that an individual, by virtue of the individual's
race or sex, bears responsibility for acts committed in the past by other individuals
of the same race or sex. Political subdivisions and state agencies are required, with
some exceptions, to post on the Internet site of the subdivision or agency all training
materials that are not required to be kept confidential.
Also under this bill, if the Department of Revenue determines that a political
subdivision has violated the sex and race stereotyping in training requirements and
the political subdivision fails to come into compliance within 10 days of being notified
of the violation, the political subdivision's shared revenue payment for the following
year is reduced by 10 percent. However, if DOR determines that a political
subdivision has later come into compliance with the requirements, DOR must pay
the political subdivision the full amount of the shared revenue payment. The bill also
allows a local employee to file a complaint with DOR regarding an alleged violation
of the bill, and to file a civil action seeking declaratory or injunctive relief regarding
an alleged violation of the bill. If the employee is successful in the civil action, the
court must award the employee attorney fees.
Also under this bill, if the Department of Administration determines that a
state agency has violated the sex and race stereotyping in training requirements and
the agency fails to come into compliance within 10 days of being notified of the
violation, DOA must withhold 10 percent of the funding for all positions in the agency
for the following year. However, if DOA determines that an agency has later come
into compliance with the requirements, DOA must release the full funding for the
positions. The bill also allows a state employee to file a complaint with DOA
regarding an alleged violation of the bill and to file a civil action seeking declaratory
or injunctive relief regarding an alleged violation of the bill. If the employee is
successful in the civil action, the court must award the employee attorney fees.
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:
SB410,1
1Section
1. 66.05105 of the statutes is created to read:
SB410,2,3
266.05105 Training regarding race and sex stereotyping. (1) Definitions.
3In this section:
SB410,2,54
(a) “Complainant” means an employee of a political subdivision who has been
5required by the political subdivision to attend training.
SB410,2,66
(b) “Political subdivision” means a city, village, town, or county.
SB410,2,10
7(2) Training. A political subdivision shall not require employees of the political
8subdivision to attend training in which the political subdivision or a contractor hired
9by the political subdivision teaches, advocates, acts upon, or promotes race or sex
10stereotyping, including any of the following concepts:
SB410,2,1111
(a) One race or sex is inherently superior to another race or sex.
SB410,2,1312
(b) An individual, by virtue of the individual's race or sex, is inherently racist,
13sexist, or oppressive, whether consciously or unconsciously.
SB410,3,2
1(c) An individual should be discriminated against or receive adverse treatment
2because of the individual's race or sex.
SB410,3,43
(d) Individuals of one race or sex are not able to and should not attempt to treat
4others without respect to race or sex.
SB410,3,65
(e) An individual's moral character is necessarily determined by the
6individual's race or sex.
SB410,3,87
(f) An individual, by virtue of the individual's race or sex, bears responsibility
8for acts committed in the past by other individuals of the same race or sex.
SB410,3,109
(g) An individual should feel discomfort, guilt, anguish, or any other form of
10psychological distress because of the individual's race or sex.
SB410,3,1311
(h) Systems based on meritocracy or traits such as a hard work ethic are racist
12or sexist or are created by individuals of a particular race to oppress individuals of
13another race.
SB410,3,18
14(3) Training materials. A political subdivision shall post on the political
15subdivision's Internet site or, if the political subdivision does not have an Internet
16site, shall otherwise make available to the public all training materials for training
17provided to employees of the political subdivision, except any materials that the
18political subdivision is required to keep confidential.
SB410,3,21
19(4) Violation. (a) If the department of revenue determines that a political
20subdivision has violated sub. (2), the department of revenue shall notify the political
21subdivision of its violation.
SB410,3,2522
(b) If a political subdivision fails to comply with sub. (2) within 10 days of
23receiving a notification under par. (a), the department of revenue shall reduce the
24amount of the payment to the political subdivision under s. 79.02 (1) in the following
25year by 10 percent.
SB410,4,4
1(c) If the department of revenue determines that a political subdivision has
2complied with sub. (2) after making a reduction under par. (b), the department of
3revenue shall restore the amount of the payment to the political subdivision under
4s. 79.02 (1) to its original amount before the reduction was made under par. (b).
SB410,4,65
(d) A complainant may file a complaint of an alleged violation of sub. (2) with
6the department of revenue.
SB410,4,117
(e) Notwithstanding the immunity set forth under s. 893.80 (4), a complainant
8may file a complaint for declaratory or injunctive relief against the political
9subdivision in a court of competent jurisdiction regarding a violation of sub. (2), and
10if successful in such an action, the complainant may be awarded attorney fees,
11notwithstanding s. 814.04 (1).
SB410,2
12Section
2. 230.49 of the statutes is created to read:
SB410,4,16
13230.49 Training regarding race and sex stereotyping. (1) Training. An
14agency shall not require state employees to attend training in which the agency or
15a contractor hired by an agency teaches, advocates, acts upon, or promotes race or
16sex stereotyping, including any of the following concepts:
SB410,4,1717
(a) One race or sex is inherently superior to another race or sex.
SB410,4,1918
(b) An individual, by virtue of the individual's race or sex, is inherently racist,
19sexist, or oppressive, whether consciously or unconsciously.
SB410,4,2120
(c) An individual should be discriminated against or receive adverse treatment
21because of the individual's race or sex.
SB410,4,2322
(d) Individuals of one race or sex are not able to and should not attempt to treat
23others without respect to race or sex.
SB410,4,2524
(e) An individual's moral character is necessarily determined by the
25individual's race or sex.
SB410,5,2
1(f) An individual, by virtue of the individual's race or sex, bears responsibility
2for acts committed in the past by other members of the same race or sex.
SB410,5,43
(g) An individual should feel discomfort, guilt, anguish, or any other form of
4psychological distress because of the individual's race or sex.
SB410,5,75
(h) Systems based on meritocracy or traits such as a hard work ethic are racist
6or sexist or are created by individuals of a particular race to oppress individuals of
7another race.
SB410,5,10
8(2) Training materials posted. Each agency shall post on the agency's Internet
9site all training materials for training provided to employees of the agency, except
10any materials that the agency is required to keep confidential.
SB410,5,12
11(3) Violation. (a) In this subsection, “complainant” means a state employee
12who is required to attend training.
SB410,5,1413
(b) If the department of administration determines that an agency has violated
14sub. (1), the department of administration shall notify the agency of its violation.
SB410,5,1815
(c) If an agency fails to comply with sub. (1) within 10 days of receiving a
16notification under par. (b), the department of administration shall withhold 10
17percent of the funding for all positions, as defined in s. 230.03 (11), in the agency for
18the following year.
SB410,5,2119
(d) If the department of administration determines that an agency has
20complied with sub. (1) after withholding funding under par. (c), the department of
21administration shall release the withheld funding.
SB410,5,2322
(e) A complainant may file a complaint of an alleged violation of sub. (1) with
23the department of administration.
SB410,6,324
(f) Notwithstanding the immunity set forth under s. 893.80 (4), a complainant
25may file a complaint for declaratory or injunctive relief against the state in a court
1of competent jurisdiction regarding a violation of sub. (1), and if successful in such
2an action, the complainant may be awarded attorney fees, notwithstanding s. 814.04
3(1).
