Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB691 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 691
5	5	November 27, 2023 - Introduced by Representatives J. ANDERSON, BARE, CLANCY,
6	6	DRAKE, JACOBSON, JOERS, ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI and STUBBS,
7	7	cosponsored by Senators L. JOHNSON, CARPENTER, HESSELBEIN, ROYS and
8	8	SPREITZER. Referred to Committee on Judiciary.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 165.502 of the statutes; relating to: attorney general
11	11	enforcement authority for civil rights violations and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill creates a mechanism whereby the attorney general may bring a civil
14	14	action in the name of the state when there is cause to believe that certain civil rights
15	15	violations have occurred. Under the bill, the attorney general has authority to
16	16	investigate potential violations and may bring a civil action when there is reasonable
17	17	cause to believe that either 1) a person has engaged in a pattern or practice of conduct
18	18	that violates any of the rights secured by the U.S. Constitution or the Wisconsin
19	19	Constitution or any right secured by the laws of Wisconsin relating to housing,
20	20	employment, education, or public accommodations; or 2) a person has been denied
21	21	a right secured by the U.S. Constitution or the Wisconsin Constitution or a right
22	22	secured by the laws of Wisconsin relating to housing, employment, education, or
23	23	public accommodations, and that denial raises an issue of general public importance.
24	24	Under the bill, in such an action, a court may award injunctive relief and other
25	25	appropriate relief, including court costs, reasonable attorney fees, and damages,
26	26	and, to vindicate the public interest, assess a civil forfeiture against the defendant
27	27	of up to $50,000 for a first violation and up to $100,000 for each subsequent violation
28	28	committed within a seven-year period.
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32	32	ASSEMBLY BILL 691
33	33	For further information see the state fiscal estimate, which will be printed as
34	34	an appendix to this bill.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 165.502 of the statutes is created to read:
38	38	165.502 Civil rights violations. (1) The attorney general or his or her
39	39	designee may bring a civil action in the name of the state whenever he or she has
40	40	reasonable cause to believe that any of the following applies:
41	41	(a) A person has engaged in a pattern or practice of conduct that violates any
42	42	of the rights secured by the U.S. Constitution or the Wisconsin Constitution or any
43	43	right secured by the laws of Wisconsin relating to housing, employment, education,
44	44	or public accommodations.
45	45	(b) A person has been denied a right secured by the U.S. Constitution or the
46	46	Wisconsin Constitution or a right secured by the laws of Wisconsin relating to
47	47	housing, employment, education, or public accommodations, and that denial raises
48	48	an issue of general public importance.
49	49	(2) Prior to initiating a civil action under sub. (1), the attorney general or his
50	50	or her designee may conduct an investigation to determine whether there is
51	51	reasonable cause to believe that a violation described in sub. (1) has occurred. In the
52	52	course of an investigation under this subsection, the attorney general or his or her
53	53	designee may do any of the following:
54	54	(a) Require any person to file a statement or report in writing under oath or
55	55	otherwise, as to all information the attorney general or his or her designee may
56	56	consider necessary to the investigation.
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79	79	SECTION 1
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81	81	(b) Access and copy any document, or any part thereof, that is in the possession
82	82	or under the control of any person, if such document, or such part thereof, is relevant
83	83	to an investigation under this subsection.
84	84	(c) Examine under oath any person who is alleged to have participated in or to
85	85	have knowledge of the alleged violation.
86	86	(d) Issue and cause to be served a subpoena, in substantially the form
87	87	authorized under s. 885.02, upon any person to aid in the investigation.
88	88	(e) File a petition in circuit court for enforcement of a demand or subpoena
89	89	under pars. (a) to (d).
90	90	(3) In an action under sub. (1), a court may take any of the following actions:
91	91	(a) Award injunctive relief, including a temporary restraining order and
92	92	preliminary and permanent injunctive relief, declaratory relief, a writ of mandamus
93	93	or prohibition, or other such legal or equitable relief as may be appropriate to compel
94	94	compliance with the law.
95	95	(b) Award other appropriate relief, including court costs, reasonable and
96	96	necessary costs of investigation, reasonable and necessary costs of prosecution,
97	97	including attorney fees, and an award of damages as may be proved to persons who
98	98	suffered a harm caused by a violation described in sub. (1).
99	99	(c) To vindicate the public interest, assess a civil forfeiture against the
100	100	defendant as follows:
101	101	1. For a first violation, an amount not to exceed $50,000.
102	102	2. For each subsequent violation committed within a 7-year period, an amount
103	103	not to exceed $100,000.
104	104	(4) A civil action under sub. (1) shall be commenced within 5 years after the
105	105	occurrence or termination of the alleged violation or be barred.
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132	132	SECTION 1 ASSEMBLY BILL 691
133	133	(5) In lieu of commencing a civil action under sub. (1), the attorney general or
134	134	his or her designee may allow a person alleged to have engaged in a violation
135	135	described in sub. (1) to enter into an assurance of voluntary compliance with respect
136	136	to the alleged violation. An assurance entered into under this subsection shall not
137	137	be considered evidence of a violation described in sub. (1), but violation of such an
138	138	assurance shall be treated as a violation described in sub. (1) and is subject to all
139	139	remedies and penalties provided in sub. (3).
140	140	(END)
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