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Bills · 2009-2010 Regular Session

SB 20

Became law Official bill text Atom feed

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.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

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.

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.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Erpenbach (D) , Hansen (D) , Lassa (D) , Lehman (D) , Miller (D) , Robson (D) , Taylor (D) , Vinehout (D)

40 cosponsors

A. Williams (D) , Benedict (D) , Berceau (D) , Black (D) , Clark (D) , Colon (D) , Cullen (D) , Dexter (D) , Fields (D) , Garthwaite (D) , Grigsby (D) , Hilgenberg (D) , Hintz (D) , Hixson (D) , Hubler (D) , Jorgensen (D) , Mason (D) , Molepske Jr. (D) , Nelson (D) , Parisi (D) , Pasch (D) , Pocan (D) , Pope-Roberts (D) , Richards (D) , Roys (D) , Schneider (D) , Seidel (D) , Sheridan (D) , Sherman , Shilling , Sinicki (D) , Smith (D) , Soletski (D) , Steinbrink (D) , Toles (D) , Turner (D) , Van Akkeren (D) , Vruwink (D) , Young (D) , Zepnick (D)

Votes

Senate: Report adoption of Senate Substitute Amendment 1 recommended by committee on Labor, Elections and Urban Affairs, Ayes 3, Noes 2

Passed 3–2 Apr 14, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

Passed 5–0 Apr 23, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 18, Noes 15

Passed 18–15 Apr 28, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 4 to Senate substitute amendment 1 laid on table, Ayes 18, Noes 15

Passed 18–15 Apr 28, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 9 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Apr 28, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and passed, Ayes 18, Noes 15

Passed 18–15 Apr 28, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and concurred in, Ayes 51, Noes 47

Passed 51–47 Apr 29, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 1 laid on table, Ayes 49, Noes 48

Passed 49–48 Apr 29, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 2 laid on table, Ayes 50, Noes 47

Passed 50–47 Apr 29, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jan 28, 2009 · Senate

    Introduced by Senators Hansen, Robson, Lassa, Lehman, Miller, Vinehout, Taylor and Erpenbach;Cosponsored by Representatives Sinicki, Jorgensen, Sheridan, Pocan, Nelson, Seidel, Colon, Parisi, Grigsby, Sherman, Shilling, Mason, 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, Zepnick, Cullen, Clark, Steinbrink, Schneider and Hubler

  2. Jan 28, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  3. Feb 5, 2009 · Senate

    Withdrawn from committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing and rereferred to committee on Labor, Elections and Urban Affairs, pursuant to Senate Rule 46 (2)(c)

  4. Feb 10, 2009 · Senate

    Fiscal estimate received

  5. Feb 11, 2009 · Senate

    Fiscal estimate received

  6. Mar 12, 2009 · Senate

    Public hearing held

  7. Mar 20, 2009 · Senate

    Fiscal estimate received

  8. Apr 8, 2009 · Senate

    Senate substitute amendment 1 offered by Senator Hansen

  9. Apr 14, 2009 · Senate

    Report passage as amended recommended by committee on Labor, Elections and Urban Affairs, Ayes 3, Noes 2

  10. Apr 14, 2009 · Senate

    Available for scheduling

  11. Apr 14, 2009 · Senate

    Executive action taken

  12. Apr 14, 2009 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Labor, Elections and Urban Affairs, Ayes 3, Noes 2

  13. Apr 23, 2009 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  14. Apr 23, 2009 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  15. Apr 23, 2009 · Senate

    Placed on calendar 4-28-2009 by committee on Senate Organization

  16. Apr 28, 2009 · Senate

    Read a second time

  17. Apr 28, 2009 · Senate

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

  18. Apr 28, 2009 · Senate

    Senate amendment 1 to Senate substitute amendment 1 offered by Senator Grothman

  19. Apr 28, 2009 · Senate

    Senate amendment 1 to Senate substitute amendment 1 withdrawn and returned to author

  20. Apr 28, 2009 · Senate

    Senate amendment 2 to Senate substitute amendment 1 offered by Senator Grothman

  21. Apr 28, 2009 · Senate

    Senate amendment 2 to Senate substitute amendment 1 withdrawn and returned to author

  22. Apr 28, 2009 · Senate

    Senate amendment 3 to Senate substitute amendment 1 offered by Senator Grothman

  23. Apr 28, 2009 · Senate

    Senate amendment 4 to Senate substitute amendment 1 offered by Senator Grothman

  24. Apr 28, 2009 · Senate

    Senate amendment 5 to Senate substitute amendment 1 offered by Senator Grothman

  25. Apr 28, 2009 · Senate

    Senate amendment 5 to Senate substitute amendment 1 withdrawn and returned to author

  26. Apr 28, 2009 · Senate

    Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 18, Noes 15

  27. Apr 28, 2009 · Senate

    Senate amendment 4 to Senate substitute amendment 1 laid on table, Ayes 18, Noes 15

  28. Apr 28, 2009 · Senate

    Senate amendment 6 to Senate substitute amendment 1 offered by Senator Hansen

  29. Apr 28, 2009 · Senate

    Senate amendment 6 to Senate substitute amendment 1 adopted

  30. Apr 28, 2009 · Senate

    Senate amendment 7 to Senate substitute amendment 1 offered by Senator Hansen

  31. Apr 28, 2009 · Senate

    Senate amendment 7 to Senate substitute amendment 1 adopted

  32. Apr 28, 2009 · Senate

    Senate amendment 8 to Senate substitute amendment 1 offered by Senator Hansen

  33. Apr 28, 2009 · Senate

    Senate amendment 8 to Senate substitute amendment 1 adopted

  34. Apr 28, 2009 · Senate

    Senate amendment 9 to Senate substitute amendment 1 offered by Senator Grothman

  35. Apr 28, 2009 · Senate

    Senate amendment 9 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  36. Apr 28, 2009 · Senate

    Senate substitute amendment 1 adopted

  37. Apr 28, 2009 · Senate

    Ordered to a third reading

  38. Apr 28, 2009 · Senate

    Rules suspended

  39. Apr 28, 2009 · Senate

    Read a third time and passed, Ayes 18, Noes 15

  40. Apr 28, 2009 · Senate

    Ordered immediately messaged

  41. Apr 28, 2009 · Assembly

    Received from Senate

  42. Apr 28, 2009 · Assembly

    Read first time and referred to committee on Rules

  43. Apr 28, 2009 · Assembly

    Assembly amendment 1 offered by Representative Honadel

  44. Apr 28, 2009 · Assembly

    Assembly amendment 2 offered by Representative Honadel

  45. Apr 28, 2009 · Assembly

    Made a special order of business at 7:04 A.M. on 4-29-2009 pursuant to Assembly Resolution 8

  46. Apr 29, 2009 · Assembly

    Read a second time

  47. Apr 29, 2009 · Assembly

    Assembly amendment 1 laid on table, Ayes 49, Noes 48

  48. Apr 29, 2009 · Assembly

    Assembly amendment 2 laid on table, Ayes 50, Noes 47

  49. Apr 29, 2009 · Assembly

    Ordered to a third reading

  50. Apr 29, 2009 · Assembly

    Rules suspended

  51. Apr 29, 2009 · Assembly

    Read a third time and concurred in, Ayes 51, Noes 47

  52. Apr 29, 2009 · Assembly

    Ordered immediately messaged

  53. Apr 29, 2009 · Senate

    Received from Assembly concurred in

  54. Apr 29, 2009 · Senate

    LRB correction (Assembly amendment 2)

  55. May 1, 2009 · Senate

    Report correctly enrolled on 5-1-2009

  56. Jun 5, 2009 · Senate

    Presented to the Governor on 6-5-2009

  57. Jun 8, 2009 · Senate

    Report approved by the Governor on 6-8-2009. 2009 Wisconsin Act 20

  58. Jun 12, 2009 · Senate

    Published 6-22-2009.