May 4, 2021 - Introduced by Representatives Moses,
Thiesfeldt, Allen,
Armstrong, Brooks, Cabral-Guevara, Callahan, Horlacher, Plumer,
Rozar, Schraa, Sortwell, Wichgers and Ramthun, cosponsored by Senator
Jacque. Referred to Committee on Constitution and Ethics.
AB309,1,11
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.
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:
AB309,1
1Section 1
. 15.04 (1) (g) of the statutes is amended to read:
AB309,3,102
15.04
(1) (g)
Discrimination review. In order to determine whether there is any
3arbitrary discrimination on the basis of race, religion, national origin, sex, marital
4status
or, sexual orientation
, as defined in s. 111.32 (13m),
or vaccination status, as
5defined in s. 111.32 (15), examine and assess the statutes under which the head has
6powers or regulatory responsibilities, the procedures by which those statutes are
7administered
, and the rules promulgated under those statutes. If the department
8or agency head finds any such discrimination, he or she shall take remedial action,
9including making recommendations to the appropriate executive, legislative
, or
10administrative authority.
AB309,2
11Section 2
. 16.765 (1) of the statutes is amended to read:
AB309,4,212
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
15Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall include in all contracts executed by them a
17provision obligating the contractor not to discriminate against any employee or
18applicant for employment because of age, race, religion, color, handicap, sex, physical
19condition, developmental disability
, as defined in s. 51.01 (5), sexual orientation
, as
20defined in s. 111.32 (13m),
or national origin
, or vaccination status, as defined in s.
21111.32 (15), and, except with respect to sexual orientation
and vaccination status,
1obligating the contractor to take affirmative action to ensure equal employment
2opportunities.
AB309,3
3Section 3
. 16.765 (2) of the statutes is amended to read:
AB309,4,214
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
7Economic Development Corporation, and the Bradley Center Sports and
8Entertainment Corporation shall include the following provision in every contract
9executed by them: “In connection with the performance of work under this contract,
10the contractor agrees not to discriminate against any employee or applicant for
11employment because of age, race, religion, color, handicap, sex, physical condition,
12developmental disability
, as defined in s. 51.01 (5), sexual orientation
or, national
13origin
, or vaccination status, as defined in s. 111.32 (15). This provision shall include
,
14but not be limited to, the following: employment, upgrading, demotion or transfer;
15recruitment or recruitment advertising; layoff or termination; rates of pay or other
16forms of compensation; and selection for training, including apprenticeship. Except
17with respect to sexual orientation
and vaccination status, the contractor further
18agrees to take affirmative action to ensure equal employment opportunities. The
19contractor agrees to post in conspicuous places, available for employees and
20applicants for employment, notices to be provided by the contracting officer setting
21forth the provisions of the nondiscrimination
clause”. clause.”
AB309,4
22Section 4
. 36.09 (1) (e) of the statutes is amended to read: