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2023 - 2024 LEGISLATURE
2023 ASSEMBLY JOINT RESOLUTIO N 109
January 25, 2024 - Introduced by Representatives MURPHY, ALLEN, BEHNKE,
BODDEN, BRANDTJEN, DITTRICH, GOEBEN, GUNDRUM, MAXEY, O'CONNOR, VOS and
WICHGERS, cosponsored by Senators NASS, WANGGAARD, CABRAL-GUEVARA and
JACQUE. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
To create section 27 of article I of the constitution; relating to: prohibiting
governmental entity discrimination (first consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2023 legislature on
first consideration, prohibits governmental entities in the state from discriminating
against, or granting preferential treatment to, any individual or group on the basis
of race, sex, color, ethnicity, or national origin in public employment, public
education, public contracting, or public administration.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
Resolved by the assembly, the senate concurring, That:
SECTION 1. Section 27 of article I of the constitution is created to read:
[Article I] Section 27 (1) In this section, “governmental entity” means the state,
its political subdivisions including municipalities, the University of Wisconsin
System, the Technical College System, any public college or university, any public
school district, and any office, department, independent agency, board, commission,
authority, institution, association, society, or other body in state or local government
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LRB-3516/1
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SECTION 1
2023 - 2024 Legislature
created or authorized to be created by the constitution or any law, including the
legislature and the courts.
(2) A governmental entity may not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex, color, ethnicity, or
national origin in public employment, public education, public contracting, or public
administration.
(3) This section does not prohibit action that must be taken to establish or
maintain eligibility for any federal program, if ineligibility would result in a loss of
federal funds to the governmental entity.
(4) Nothing in this section prohibits bona fide qualifications based on sex that
are reasonably necessary to the normal operation of public employment, public
education, public contracting, or public administration.
(5) If any part or parts of this section are found to be in conflict with the United
States Constitution or federal law, the section shall be implemented to the maximum
extent that the United States Constitution and federal law permit. Any provision
of this section held invalid shall be severable from the remaining portions of this
section.
SECTION 2. Numbering of new provision. If another constitutional
amendment ratified by the people creates the number of any provision created in this
joint resolution, the chief of the legislative reference bureau shall determine the
sequencing and the numbering of the provisions whose numbers conflict.
Be it further resolved, That this proposed amendment be referred to the
legislature to be chosen at the next general election and that it be published for 3
months previous to the time of holding such election.
(END)
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