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Bills from the 2009–10 session

Assembly Bill 31

Authorizing the circuit court to order a person who engages in discrimination in employment to pay compensatory and punitive damages and a surcharge and making an appropriation

Topics: Circuit court, Damage (personal injury), Discrimination in employment

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 10, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under the current fair employment law, if the Department of Workforce Development (DWD) finds that a person has refused to hire an individual, terminated an individual's employment, or discriminated against an individual in promotion, in compensation, or in terms, conditions, or privileges of employment on the basis of the individual's age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest or conviction record, membership in the national guard or military reserves, or use or nonuse of a lawful product during nonwork hours, DWD may order the person to take such action as will effectuate the purpose of the fair employment law. That action may include reinstating the employee, providing back pay for not more than two years before the filing of the complaint, and paying costs and attorney fees. Current law, however, does not authorize DWD to order the payment of compensatory or punitive damages or any other surcharges or penalties in a case of employment discrimination.

This bill permits a person who has been discriminated against or DWD to bring an action in circuit court to recover damages caused by the act of discrimination.

Read the full summary

Under the bill, if the circuit court finds that a defendant has committed an act of discrimination, the circuit court must order the defendant to pay to the person discriminated against compensatory and punitive damages in an amount that the circuit court finds appropriate and to pay to the circuit court a surcharge equal to 10 percent of the amount of compensatory and punitive damages ordered. Surcharges collected under the bill must be transmitted to the secretary of administration, deposited into the general fund, and credited to an appropriation account of DWD, which must use those surcharges for the administration of the fair employment law.

Who's behind it

40 lawmakers are its ⁠. 38 are Democrats. 2 have no party on record.

8 more lawmakers ⁠.

See all 48 names

Authors (40)

Signed on in support (8)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Labor vote on an amendment

Passed, 5 to 3 · Apr 23, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by committee on Labor, Ayes 5, Noes 3”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 28, 2009

    “Placed at the foot of the calendar of 4-28-2009” (the official wording)

  3. Apr 23, 2009

    Sent to the Assembly Committee on Rules.

  4. Apr 23, 2009

    The committee voted to recommend passing it, 5 to 3.

  5. Apr 13, 2009

    A state agency sent in its estimate of the cost.

  6. Apr 8, 2009

    The committee held a public hearing.

  7. Feb 27, 2009

    A state agency sent in its estimate of the cost.

  8. Feb 10, 2009

    Sent to the Assembly Committee on Labor.

  9. Feb 10, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 10, 2009 · Assembly

    Introduced by Representatives Sinicki, Jorgensen, Sheridan, Pocan, Nelson, Seidel, Colon, Parisi, Grigsby, Mason, Sherman, Shilling, Van Akkeren, Toles, Benedict, Soletski, Molepske Jr., Roys, Fields, Pasch, A. Williams, Young, Dexter, Richards, Hilgenberg, Pope-Roberts, Black, Garthwaite, Hixson, Berceau, Hintz, Smith, Turner, Vruwink, Cullen, Clark, Steinbrink, Schneider, Hubler and Zepnick;Cosponsored by Senators Hansen, Robson, Lassa, Lehman, Miller, Vinehout, Taylor and Erpenbach

  2. Feb 10, 2009 · Assembly

    Read first time and referred to committee on Labor

  3. Feb 27, 2009 · Assembly

    Fiscal estimate received

  4. Apr 7, 2009 · Assembly

    Assembly substitute amendment 1 offered by Representative Sinicki

  5. Apr 8, 2009 · Assembly

    Public hearing held

  6. Apr 13, 2009 · Assembly

    Fiscal estimate received

  7. Apr 16, 2009 · Assembly

    Executive action taken

  8. Apr 23, 2009 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Labor, Ayes 5, Noes 3

  9. Apr 23, 2009 · Assembly

    Report passage as amended recommended by committee on Labor, Ayes 5, Noes 3

  10. Apr 23, 2009 · Assembly

    Referred to committee on Rules

  11. Apr 23, 2009 · Assembly

    Placed on calendar 4-28-2009 by committee on Rules

  12. Apr 27, 2009 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representatives Barca and Sinicki

  13. Apr 28, 2009 · Assembly

    Placed at the foot of the calendar of 4-28-2009

  14. Apr 28, 2009 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representative Sinicki

  15. Apr 28, 2009 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representative Honadel

  16. Apr 28, 2009 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 offered by Representative Honadel

  17. Apr 28, 2009 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 offered by Representative Honadel

  18. Apr 28, 2009 · Assembly

    Assembly amendment 6 to Assembly substitute amendment 1 offered by Representative Pridemore

  19. Apr 28, 2009 · Assembly

    Laid on the table

  20. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary