LRB-1961/1
GMM:jld:rs
2007 - 2008 LEGISLATURE
April 13, 2007 - Introduced by Representatives Kleefisch, Gunderson, Gundrum,
Musser, Nass, A. Ott, Owens, Petersen, Suder, Townsend and Ziegelbauer,
cosponsored by Senators Lazich, Leibham, Grothman and Roessler. Referred
to Committee on Criminal Justice.
AB260,1,7
1An Act to amend 111.335 (1) (c) 1.; and
to create 111.31 (6), 111.335 (1) (c) 3.,
2111.335 (1) (c) 4. and 111.335 (2) of the statutes;
relating to: permitting an
3employer to refuse to employ or to terminate from employment an individual
4who has been convicted of a sex offense or a violent offense and preempting
5cities, villages, town, and counties from adopting provisions concerning
6employment discrimination based on arrest or conviction record that prohibit
7activity that is allowed under the state fair employment law.
Analysis by the Legislative Reference Bureau
The current state fair employment law, subject to certain exceptions, prohibits
discrimination in employment based on arrest or conviction record. That law
specifies, however, that it is not employment discrimination because of conviction
record to refuse to employ or to terminate from employment an individual who has
been convicted of a felony, misdemeanor, or other offense, the circumstances of which
substantially relate to the circumstances of the particular job. This bill specifies that
it is not employment discrimination because of conviction record for an employer to
refuse to employ or to terminate from employment an individual who has been
convicted of a sex offense or a violent offense and who has not been pardoned for that
offense, whether or not the circumstances of the offense substantially relate to the
circumstances of the particular job.
Under current constitutional and statutory home rule provisions, a city or
village may determine its own local affairs subject only to the Wisconsin Constitution
and to any enactment of the legislature that is of statewide concern and that affects
every city or village with uniformity. This bill states that the prohibition against
discrimination in employment based on arrest or conviction record under the state
fair employment law is a matter of statewide concern, requiring uniform
enforcement at the state, county, and municipal levels. As such, the bill prohibits any
county, city, village, or town from adopting any provision concerning employment
discrimination based on arrest or conviction record that prohibits any activity that
is allowed under the state fair employment law.
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:
AB260, s. 1
1Section
1. 111.31 (6) of the statutes is created to read:
AB260,2,42
111.31
(6) The legislature finds that the prohibition against discrimination on
3the basis of arrest or conviction record under s. 111.335 is a matter of statewide
4concern, requiring uniform enforcement at the state, county, and municipal levels.
AB260, s. 2
5Section
2. 111.335 (1) (c) 1. of the statutes is amended to read:
AB260,2,86
111.335
(1) (c) 1. Has been convicted of any felony, misdemeanor or other
7offense the circumstances of which substantially relate to the circumstances of the
8particular job or licensed activity
; or.
AB260, s. 3
9Section
3. 111.335 (1) (c) 3. of the statutes is created to read:
AB260,2,1310
111.335
(1) (c) 3. Has been convicted of a sex offense, as defined in s. 301.45 (1d)
11(b), or found to have committed a violation of federal law or the law of another state
12that would be a sex offense, as defined in s. 301.45 (1d) (b), if committed in this state,
13and who has not been pardoned for that sex offense.
AB260, s. 4
14Section
4. 111.335 (1) (c) 4. of the statutes is created to read:
AB260,3,4
1111.335
(1) (c) 4. Has been convicted of a violent offense, as defined in s. 301.048
2(2) (bm) 1., or found to have committed a violation of federal law or the law of another
3state that would be a violent offense, as defined in s. 301.048 (2) (bm) 1., if committed
4in this state, and who has not been pardoned for that violent offense.
AB260, s. 5
5Section
5. 111.335 (2) of the statutes is created to read:
AB260,3,86
111.335
(2) No county, city, village, or town may adopt any provision concerning
7employment discrimination based on arrest or conviction record that prohibits any
8activity that is allowed under this section.
