LRB-2956/1
MIM:emw
2021 - 2022 LEGISLATURE
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
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), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f), 51.90, 66.1011 (1), 66.1201
3(2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195 (5) (c),
4106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52 (3) (a)
51., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5., 106.58,
6111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.70 (2), 111.81 (12) (b), 111.85 (2)
7(b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o),
8227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 440.45 (1), 440.45 (2), 452.14 (3) (n),
9625.12 (2), 632.35 and 756.001 (3); and
to create 48.82 (7), 106.50 (1m) (v),
10106.52 (1) (h), 111.32 (15), 111.373 and 628.34 (3) (c) of the statutes;
relating
11to: 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.