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2019 - 2020 LEGISLATURE
October 31, 2019 - Introduced by Senators Carpenter, L. Taylor, Risser and
Larson, cosponsored by Representatives C. Taylor, Zamarripa, Anderson,
Cabrera, Milroy, Sargent, Neubauer, Brostoff, Subeck, Bowen, Sinicki,
Considine, Pope, Ohnstad, Goyke, Haywood and Emerson. Referred to
Committee on Utilities and Housing.
SB539,1,5 1An Act to amend 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.1011 (1), 66.1201 (2m),
266.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50
3(1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 224.77 (1) (o), 234.29 and 452.14
4(3) (n) of the statutes; relating to: discrimination based on citizenship or
5immigration status under the open housing law.
Analysis by the Legislative Reference Bureau
Under the current open housing law and other laws, it is unlawful for any
person to engage in certain forms of discrimination in housing based upon certain of
an individual's characteristics such as sex, race, color, sexual orientation, disability,
religion, national origin, marital status, and family status. This bill adds citizenship
or immigration status to the list of characteristics on which it is unlawful to
discriminate in housing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB539,1 6Section 1. 66.0125 (3) (a) of the statutes is amended to read:
SB539,2,77 66.0125 (3) (a) The purpose of the commission is to study, analyze, and
8recommend solutions for the major social, economic, and cultural problems that

1affect people residing or working within the local governmental unit, including
2problems of the family, youth, education, the aging, juvenile delinquency, health and
3zoning standards, discrimination in employment and public accommodations and
4facilities on the basis of sex, class, race, religion, sexual orientation, or ethnic or
5minority status and discrimination in housing on the basis of sex, class, race,
6citizenship or immigration status, religion, sexual orientation, ethnic or minority
7status, or status as a victim of domestic abuse, sexual assault, or stalking.
SB539,2 8Section 2. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
SB539,2,149 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit,
10regardless of sex, race, sexual orientation, or color, the right to enjoy equal
11employment opportunities and to ensure to those residents, regardless of sex, race,
12citizenship or immigration status, sexual orientation, color, or status as a victim of
13domestic abuse, sexual assault, or stalking, the right to possess equal housing
14opportunities.
SB539,3 15Section 3. 66.1011 (1) of the statutes is amended to read:
SB539,3,316 66.1011 (1) Declaration of policy. The right of all persons to have equal
17opportunities for housing regardless of their sex, race, color, disability, as defined in
18s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
19origin, citizenship or immigration status, marital status, family status, as defined
20in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking,
21as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry is a matter
22both of statewide concern under ss. 101.132 and 106.50 and also of local interest
23under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the
24legislature does not preempt the subject matter of equal opportunities in housing
25from consideration by political subdivisions, and does not exempt political

1subdivisions from their duty, nor deprive them of their right, to enact ordinances that
2prohibit discrimination in any type of housing solely on the basis of an individual
3being a member of a protected class.
SB539,4 4Section 4. 66.1201 (2m) of the statutes is amended to read:
SB539,3,105 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
6facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
7facility, or privilege in any manner for any purpose nor be discriminated against
8because of sex, race, color, creed, sexual orientation, status as a victim of domestic
9abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin,
10or citizenship or immigration status
.
SB539,5 11Section 5. 66.1213 (3) of the statutes is amended to read:
SB539,3,1712 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
13facility, or privilege under this section may not be denied the right, benefit, facility,
14or privilege in any manner for any purpose nor be discriminated against because of
15sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
16assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship
17or immigration status
.
SB539,6 18Section 6. 66.1301 (2m) of the statutes is amended to read:
SB539,3,2419 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
20or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
21or privilege in any manner for any purpose nor be discriminated against because of
22sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
23assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship
24or immigration status
.
SB539,7 25Section 7. 66.1331 (2m) of the statutes is amended to read:
SB539,4,6
166.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
2facility, or privilege under this section may not be denied the right, benefit, facility,
3or privilege in any manner for any purpose nor be discriminated against because of
4sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
5assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship
6or immigration status
.
SB539,8 7Section 8. 66.1333 (3) (e) 2. of the statutes is amended to read:
SB539,4,138 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
9privilege under this section may not be denied the right, benefit, facility, or privilege
10in any manner for any purpose nor be discriminated against because of sex, race,
11color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault,
12or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or
13immigration status
.
SB539,9 14Section 9. 106.50 (1) of the statutes is amended to read:
SB539,5,315 106.50 (1) Intent. It is the intent of this section to render unlawful
16discrimination in housing. It is the declared policy of this state that all persons shall
17have an equal opportunity for housing regardless of sex, race, color, sexual
18orientation, disability, religion, national origin, citizenship or immigration status,
19marital status, family status, status as a victim of domestic abuse, sexual assault,
20or stalking, lawful source of income, age, or ancestry and it is the duty of the political
21subdivisions to assist in the orderly prevention or removal of all discrimination in
22housing through the powers granted under ss. 66.0125 and 66.1011. The legislature
23hereby extends the state law governing equal housing opportunities to cover
24single-family residences that are owner-occupied. The legislature finds that the
25sale and rental of single-family residences constitute a significant portion of the

1housing business in this state and should be regulated. This section shall be
2considered an exercise of the police powers of the state for the protection of the
3welfare, health, peace, dignity, and human rights of the people of this state.
SB539,10 4Section 10. 106.50 (1m) (h) of the statutes is amended to read:
SB539,5,105 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
6a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
7because of sex, race, color, sexual orientation, disability, religion, national origin,
8citizenship or immigration status, marital status, family status, status as a victim
9of domestic abuse, sexual assault, or stalking, lawful source of income, age, or
10ancestry.
SB539,11 11Section 11. 106.50 (1m) (nm) of the statutes is amended to read:
SB539,5,1612 106.50 (1m) (nm) “Member of a protected class" means a group of natural
13persons, or a natural person, who may be categorized because of sex, race, color,
14disability, sexual orientation, religion, national origin, citizenship or immigration
15status,
marital status, family status, status as a victim of domestic abuse, sexual
16abuse, or stalking, lawful source of income, age, or ancestry.
SB539,12 17Section 12. 106.50 (5m) (f) 1. of the statutes is amended to read:
SB539,5,2318 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from
19requiring that a person who seeks to buy or rent housing supply information
20concerning family status, and marital, financial, and business status but not
21concerning race, color, disability, sexual orientation, ancestry, national origin,
22citizenship or immigration status, religion, creed, status as a victim of domestic
23abuse, sexual assault, or stalking, or, subject to subd. 2., age.
SB539,13 24Section 13. 224.77 (1) (o) of the statutes is amended to read:
SB539,6,8
1224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan
2originator, or mortgage broker, except in relation to housing designed to meet the
3needs of elderly individuals, treat a person unequally solely because of sex, race,
4color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national
5origin, citizenship or immigration status, age, or ancestry, the person's lawful source
6of income, or the sex, marital status, or status as a victim of domestic abuse, sexual
7assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a
8household.
SB539,14 9Section 14. 234.29 of the statutes is amended to read:
SB539,6,17 10234.29 Equality of occupancy and employment. The authority shall
11require that occupancy of housing projects assisted under this chapter be open to all
12regardless of sex, race, citizenship or immigration status, religion, sexual
13orientation, status as a victim of domestic abuse, sexual assault, or stalking, as
14defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors
15engaged in the construction of economic development or housing projects, shall
16provide an equal opportunity for employment, without discrimination as to sex, race,
17religion, sexual orientation, or creed.
SB539,15 18Section 15. 452.14 (3) (n) of the statutes is amended to read:
SB539,6,2219 452.14 (3) (n) Treated any person unequally solely because of sex, race, color,
20handicap, national origin, citizenship or immigration status, ancestry, marital
21status, lawful source of income, or status as a victim of domestic abuse, sexual
22assault, or stalking, as defined in s. 106.50 (1m) (u).
SB539,6,2323 (End)
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