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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 691
November 27, 2023 - Introduced by Representatives J. ANDERSON, BARE, CLANCY,
DRAKE, JACOBSON, JOERS, ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI and STUBBS,
cosponsored by Senators L. JOHNSON, CARPENTER, HESSELBEIN, ROYS and
SPREITZER. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 165.502 of the statutes; relating to: attorney general
enforcement authority for civil rights violations and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a mechanism whereby the attorney general may bring a civil
action in the name of the state when there is cause to believe that certain civil rights
violations have occurred. Under the bill, the attorney general has authority to
investigate potential violations and may bring a civil action when there is reasonable
cause to believe that either 1) a person has engaged in a pattern or practice of conduct
that violates any of the rights secured by the U.S. Constitution or the Wisconsin
Constitution or any right secured by the laws of Wisconsin relating to housing,
employment, education, or public accommodations; or 2) a person has been denied
a right secured by the U.S. Constitution or the Wisconsin Constitution or a right
secured by the laws of Wisconsin relating to housing, employment, education, or
public accommodations, and that denial raises an issue of general public importance.
Under the bill, in such an action, a court may award injunctive relief and other
appropriate relief, including court costs, reasonable attorney fees, and damages,
and, to vindicate the public interest, assess a civil forfeiture against the defendant
of up to $50,000 for a first violation and up to $100,000 for each subsequent violation
committed within a seven-year period.
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ASSEMBLY BILL 691
For further information see the state 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:
SECTION 1. 165.502 of the statutes is created to read:
165.502 Civil rights violations. (1) The attorney general or his or her
designee may bring a civil action in the name of the state whenever he or she has
reasonable cause to believe that any of the following applies:
(a) A person has engaged in a pattern or practice of conduct that violates any
of the rights secured by the U.S. Constitution or the Wisconsin Constitution or any
right secured by the laws of Wisconsin relating to housing, employment, education,
or public accommodations.
(b) A person has been denied a right secured by the U.S. Constitution or the
Wisconsin Constitution or a right secured by the laws of Wisconsin relating to
housing, employment, education, or public accommodations, and that denial raises
an issue of general public importance.
(2) Prior to initiating a civil action under sub. (1), the attorney general or his
or her designee may conduct an investigation to determine whether there is
reasonable cause to believe that a violation described in sub. (1) has occurred. In the
course of an investigation under this subsection, the attorney general or his or her
designee may do any of the following:
(a) Require any person to file a statement or report in writing under oath or
otherwise, as to all information the attorney general or his or her designee may
consider necessary to the investigation.
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SECTION 1
ASSEMBLY BILL 691
(b) Access and copy any document, or any part thereof, that is in the possession
or under the control of any person, if such document, or such part thereof, is relevant
to an investigation under this subsection.
(c) Examine under oath any person who is alleged to have participated in or to
have knowledge of the alleged violation.
(d) Issue and cause to be served a subpoena, in substantially the form
authorized under s. 885.02, upon any person to aid in the investigation.
(e) File a petition in circuit court for enforcement of a demand or subpoena
under pars. (a) to (d).
(3) In an action under sub. (1), a court may take any of the following actions:
(a) Award injunctive relief, including a temporary restraining order and
preliminary and permanent injunctive relief, declaratory relief, a writ of mandamus
or prohibition, or other such legal or equitable relief as may be appropriate to compel
compliance with the law.
(b) Award other appropriate relief, including court costs, reasonable and
necessary costs of investigation, reasonable and necessary costs of prosecution,
including attorney fees, and an award of damages as may be proved to persons who
suffered a harm caused by a violation described in sub. (1).
(c) To vindicate the public interest, assess a civil forfeiture against the
defendant as follows:
1. For a first violation, an amount not to exceed $50,000.
2. For each subsequent violation committed within a 7-year period, an amount
not to exceed $100,000.
(4) A civil action under sub. (1) shall be commenced within 5 years after the
occurrence or termination of the alleged violation or be barred.
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SECTION 1 ASSEMBLY BILL 691
(5) In lieu of commencing a civil action under sub. (1), the attorney general or
his or her designee may allow a person alleged to have engaged in a violation
described in sub. (1) to enter into an assurance of voluntary compliance with respect
to the alleged violation. An assurance entered into under this subsection shall not
be considered evidence of a violation described in sub. (1), but violation of such an
assurance shall be treated as a violation described in sub. (1) and is subject to all
remedies and penalties provided in sub. (3).
(END)
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