Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB678 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 SENATE BILL 678
5	5	November 9, 2023 - Introduced by Senators L. JOHNSON, CARPENTER, HESSELBEIN,
6	6	ROYS and SPREITZER, cosponsored by Representatives J. ANDERSON, BARE,
7	7	CLANCY, DRAKE, JACOBSON, JOERS, ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI and
8	8	STUBBS. Referred to Committee on Judiciary and Public Safety.
9	9	AN ACT to create 165.502 of the statutes; relating to: attorney general
10	10	enforcement authority for civil rights violations and providing a penalty.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill creates a mechanism whereby the attorney general may bring a civil
13	13	action in the name of the state when there is cause to believe that certain civil rights
14	14	violations have occurred. Under the bill, the attorney general has authority to
15	15	investigate potential violations and may bring a civil action when there is reasonable
16	16	cause to believe that either 1) a person has engaged in a pattern or practice of conduct
17	17	that violates any of the rights secured by the U.S. Constitution or the Wisconsin
18	18	Constitution or any right secured by the laws of Wisconsin relating to housing,
19	19	employment, education, or public accommodations; or 2) a person has been denied
20	20	a right secured by the U.S. Constitution or the Wisconsin Constitution or a right
21	21	secured by the laws of Wisconsin relating to housing, employment, education, or
22	22	public accommodations, and that denial raises an issue of general public importance.
23	23	Under the bill, in such an action, a court may award injunctive relief and other
24	24	appropriate relief, including court costs, reasonable attorney fees, and damages,
25	25	and, to vindicate the public interest, assess a civil forfeiture against the defendant
26	26	of up to $50,000 for a first violation and up to $100,000 for each subsequent violation
27	27	committed within a seven-year period.
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31	31	SENATE BILL 678
32	32	For further information see the state fiscal estimate, which will be printed as
33	33	an appendix to this bill.
34	34	The people of the state of Wisconsin, represented in senate and assembly, do
35	35	enact as follows:
36	36	SECTION 1. 165.502 of the statutes is created to read:
37	37	165.502 Civil rights violations. (1) The attorney general or his or her
38	38	designee may bring a civil action in the name of the state whenever he or she has
39	39	reasonable cause to believe that any of the following applies:
40	40	(a) A person has engaged in a pattern or practice of conduct that violates any
41	41	of the rights secured by the U.S. Constitution or the Wisconsin Constitution or any
42	42	right secured by the laws of Wisconsin relating to housing, employment, education,
43	43	or public accommodations.
44	44	(b) A person has been denied a right secured by the U.S. Constitution or the
45	45	Wisconsin Constitution or a right secured by the laws of Wisconsin relating to
46	46	housing, employment, education, or public accommodations, and that denial raises
47	47	an issue of general public importance.
48	48	(2) Prior to initiating a civil action under sub. (1), the attorney general or his
49	49	or her designee may conduct an investigation to determine whether there is
50	50	reasonable cause to believe that a violation described in sub. (1) has occurred. In the
51	51	course of an investigation under this subsection, the attorney general or his or her
52	52	designee may do any of the following:
53	53	(a) Require any person to file a statement or report in writing under oath or
54	54	otherwise, as to all information the attorney general or his or her designee may
55	55	consider necessary to the investigation.
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78	78	SECTION 1
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80	80	(b) Access and copy any document, or any part thereof, that is in the possession
81	81	or under the control of any person, if such document, or such part thereof, is relevant
82	82	to an investigation under this subsection.
83	83	(c) Examine under oath any person who is alleged to have participated in or to
84	84	have knowledge of the alleged violation.
85	85	(d) Issue and cause to be served a subpoena, in substantially the form
86	86	authorized under s. 885.02, upon any person to aid in the investigation.
87	87	(e) File a petition in circuit court for enforcement of a demand or subpoena
88	88	under pars. (a) to (d).
89	89	(3) In an action under sub. (1), a court may take any of the following actions:
90	90	(a) Award injunctive relief, including a temporary restraining order and
91	91	preliminary and permanent injunctive relief, declaratory relief, a writ of mandamus
92	92	or prohibition, or other such legal or equitable relief as may be appropriate to compel
93	93	compliance with the law.
94	94	(b) Award other appropriate relief, including court costs, reasonable and
95	95	necessary costs of investigation, reasonable and necessary costs of prosecution,
96	96	including attorney fees, and an award of damages as may be proved to persons who
97	97	suffered a harm caused by a violation described in sub. (1).
98	98	(c) To vindicate the public interest, assess a civil forfeiture against the
99	99	defendant as follows:
100	100	1. For a first violation, an amount not to exceed $50,000.
101	101	2. For each subsequent violation committed within a 7-year period, an amount
102	102	not to exceed $100,000.
103	103	(4) A civil action under sub. (1) shall be commenced within 5 years after the
104	104	occurrence or termination of the alleged violation or be barred.
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131	131	SECTION 1 SENATE BILL 678
132	132	(5) In lieu of commencing a civil action under sub. (1), the attorney general or
133	133	his or her designee may allow a person alleged to have engaged in a violation
134	134	described in sub. (1) to enter into an assurance of voluntary compliance with respect
135	135	to the alleged violation. An assurance entered into under this subsection shall not
136	136	be considered evidence of a violation described in sub. (1), but violation of such an
137	137	assurance shall be treated as a violation described in sub. (1) and is subject to all
138	138	remedies and penalties provided in sub. (3).
139	139	(END)
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