RPN:kmg&mkd:jlb
1995 - 1996 LEGISLATURE
April 2, 1996 - Printed by direction of Assembly Chief Clerk.
SB572-engrossed,1,3 1An Act to renumber and amend 111.335 (1) (cm); to amend 111.335 (1) (c); and
2to create 111.335 (1) (cg) and 111.335 (1) (cm) 2. of the statutes; relating to:
3conviction record discrimination.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 1995 Senate Bill 572 consists of the following documents
adopted in the senate on March 27, 1996: the bill as affected by Senate Amendment
2 (as affected by Senate Amendment 1 thereto).
Content of Engrossed 1995 Senate Bill 572:
Subject to certain exceptions, current law prohibits discrimination in
employment, licensing and labor organization membership based on arrest record or
conviction record. Under those exceptions, it is not discrimination to refuse to
employ an individual who is subject to a pending criminal charge or who has been
convicted of an offense if that charge or offense is substantially related to that
particular job, or to refuse to employ an individual who is not bondable because of
conviction record if bondability is required by law or established business practice
for that job.
This bill expands the exceptions to the prohibition against discrimination in
enployment based on a conviction record so that it is not employment discrimination
based on a conviction record to refuse to employ, or to bar or terminate from
employment, any person who meets any of the following conditions:
1. Has been convicted of a misdemeanor or other offense that carries a penalty
of less than 9 months in a county jail if the circumstances of the offense substantially
relate to the circumstances of the particular job.
2. Has been convicted of a felony, misdemeanor or other offense that carries a
penalty of at least 9 months in a prison or county jail if the circumstances of the
offense substantially relate to the circumstances of the particular job.

3. Within the past 5 years, has been convicted of a felony, misdemeanor or other
offense that carries a penalty of at least 9 months in a prison or county jail and has
not been pardoned.
4. Within the past 5 years, has served a sentence in a prison or jail for a felony,
misdemeanor or other offense that carries a penalty of at least 9 months in a prison
or county jail.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB572-engrossed, s. 1 1Section 1. 111.335 (1) (c) of the statutes is amended to read:
SB572-engrossed,2,42 111.335 (1) (c) Notwithstanding s. 111.322, it is not employment discrimination
3because of conviction record to refuse to employ or license, or to bar or terminate from
4employment or licensing, any individual who:
SB572-engrossed,2,75 1. Has been convicted of any felony, misdemeanor or other offense the
6circumstances of which substantially relate to the circumstances of the particular job
7or
licensed activity; or
SB572-engrossed,2,108 2. Is not bondable under a standard fidelity bond or an equivalent bond where
9such bondability is required by state or federal law, or administrative regulation or
10established business practice of the employer
.
SB572-engrossed, s. 1m 11Section 1m. 111.335 (1) (cg) of the statutes is created to read:
SB572-engrossed,2,1712 111.335 (1) (cg) Notwithstanding s. 111.322, it is not employment
13discrimination because of conviction record to refuse to employ, or to bar or terminate
14from employment, any individual who has been convicted of any misdemeanor or
15other offense that carries a penalty of less than 9 months in a county jail the
16circumstances of which substantially relate to the circumstances of the particular
17job.
SB572-engrossed, s. 2d 18Section 2d. 111.335 (1) (cm) of the statutes is renumbered 111.335 (1) (cm)
19(intro.) and amended to read:
SB572-engrossed,3,4
1111.335 (1) (cm) (intro.) Notwithstanding s. 111.322, it is not employment
2discrimination because of conviction record to refuse to employ as an installer of
3burglar alarms
, or to bar or terminate from employment, a person who has been any
4of the following:
SB572-engrossed,3,8 51. Within the past 5 years, convicted of a felony , misdemeanor or other offense
6that carries a penalty of at least 9 months in a prison or county jail
and has not been
7pardoned or has served a sentence in a jail or prison within the past 5 years for an
8offense identified in this paragraph
.
SB572-engrossed, s. 3m 9Section 3m. 111.335 (1) (cm) 2. of the statutes is created to read:
SB572-engrossed,3,1210 111.335 (1) (cm) 2. Convicted of a felony, misdemeanor or other offense that
11carries a penalty of at least 9 months in a prison or county jail, the circumstances of
12which substantially relate to the circumstances of the particular job.
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