SB539: Bill Text

2019 - 2020 LEGISLATURE

2019 Senate BILL 539

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 An Act to amend 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 224.77 (1) (o), 234.29 and 452.14 (3) (n) of the statutes; relating to: discrimination based on citizenship or immigration 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 Section 1. 66.0125 (3) (a) of the statutes is amended to read:

SB539,2,7 66.0125 (3) (a) The purpose of the commission is to study, analyze, and recommend solutions for the major social, economic, and cultural problems that affect people residing or working within the local governmental unit, including problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, discrimination in employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation, or ethnic or minority status and discrimination in housing on the basis of sex, class, race, citizenship or immigration status, religion, sexual orientation, ethnic or minority status, or status as a victim of domestic abuse, sexual assault, or stalking.

SB539,2 Section 2. 66.0125 (3) (c) 1. b. of the statutes is amended to read:

SB539,2,14 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit, regardless of sex, race, sexual orientation, or color, the right to enjoy equal employment opportunities and to ensure to those residents, regardless of sex, race, citizenship or immigration status, sexual orientation, color, or status as a victim of domestic abuse, sexual assault, or stalking, the right to possess equal housing opportunities.

SB539,3 Section 3. 66.1011 (1) of the statutes is amended to read:

SB539,3,3 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national origin, citizenship or immigration status, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

SB539,4 Section 4. 66.1201 (2m) of the statutes is amended to read:

SB539,3,10 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or immigration status.

SB539,5 Section 5. 66.1213 (3) of the statutes is amended to read:

SB539,3,17 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or immigration status.

SB539,6 Section 6. 66.1301 (2m) of the statutes is amended to read:

SB539,3,24 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or immigration status.

SB539,7 Section 7. 66.1331 (2m) of the statutes is amended to read:

SB539,4,6 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or immigration status.

SB539,8 Section 8. 66.1333 (3) (e) 2. of the statutes is amended to read:

SB539,4,13 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin, or citizenship or immigration status.

SB539,9 Section 9. 106.50 (1) of the statutes is amended to read:

SB539,5,3 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, citizenship or immigration status, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

SB539,10 Section 10. 106.50 (1m) (h) of the statutes is amended to read:

SB539,5,10 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, citizenship or immigration status, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry.

SB539,11 Section 11. 106.50 (1m) (nm) of the statutes is amended to read:

SB539,5,16 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, citizenship or immigration status, marital status, family status, status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.

SB539,12 Section 12. 106.50 (5m) (f) 1. of the statutes is amended to read:

SB539,5,23 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, citizenship or immigration status, religion, creed, status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.

SB539,13 Section 13. 224.77 (1) (o) of the statutes is amended to read:

SB539,6,8 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, citizenship or immigration status, age, or ancestry, the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

SB539,14 Section 14. 234.29 of the statutes is amended to read:

SB539,6,17 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, citizenship or immigration status, religion, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

SB539,15 Section 15. 452.14 (3) (n) of the statutes is amended to read:

SB539,6,22 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, citizenship or immigration status, ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

SB539,6,23 (End)