LRB-6029/1
ARG/EVM/ZDW:emw
2023 - 2024 LEGISLATURE
April 11, 2024 - Introduced by Representatives Ortiz-Velez, C. Anderson,
Shelton, Vining, Baldeh, Hong, Neubauer, Ratcliff, Emerson, Clancy and
Bare, cosponsored by Senators Carpenter, Smith,
Agard, Spreitzer and
Larson. Referred to Committee on Transportation.
AB1210,2,2
1An Act to renumber and amend 343.14 (2) (br) and 343.14 (2) (es);
to amend
266.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1333 (3) (e) 2., 86.195
3(5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
4(3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
5111.31 (1), 111.31 (2), 111.31 (3), 111.321, 194.025, 224.77 (1) (o), 230.01 (2) (b),
6230.18, 234.29, 343.03 (3m), 343.03 (3r), 343.14 (2j), 343.165 (1) (c), 343.165 (1)
7(e), 343.165 (3) (b), 343.165 (3) (c), 343.165 (4) (b), 343.165 (4) (d), 343.165 (7)
8(a) (intro.), 343.165 (8) (b) 4. m., 343.20 (1) (a), 343.20 (1) (f), 343.20 (1m), 343.20
9(2) (a), 343.50 (3) (a) and (b), 343.50 (5) (b), 343.50 (5) (c), 343.50 (6), 343.50 (10)
10(c), 452.14 (3) (n) and 632.35; and
to create 343.14 (2) (br) 2., 343.14 (2) (es) 2m.,
11343.165 (7) (c), 343.17 (3) (a) 16., 343.50 (5) (bm) and 343.50 (8) (c) 6. of the
1statutes;
relating to: issuance of identification cards and operator's licenses
2to undocumented persons.
Analysis by the Legislative Reference Bureau
This bill provides that an applicant for a REAL ID noncompliant driver's license
or identification card is not required to provide documentary proof that the applicant
is a U.S. citizen or is otherwise lawfully present in the United States.
Under
2007 Wisconsin Act 20, certain provisions specified in the federal REAL
ID Act of 2005 (REAL ID) were incorporated into state law, and these provisions
became effective on January 1, 2013. Among these provisions was the requirement
that the Department of Transportation follow certain procedures in processing
applications for driver's licenses and identification cards. However, under
2011
Wisconsin Acts 23 and
32, DOT may process applications for driver's licenses and
identification cards in a manner other than that required by REAL ID if the driver's
licenses and identification cards are marked to indicate that they are not REAL ID
compliant and DOT processes the applications in compliance with DOT practices and
procedures applicable immediately prior to the implementation of REAL ID.
Under current law, an applicant for a driver's license or identification card,
regardless of whether it is REAL ID compliant or REAL ID noncompliant, must
provide to DOT 1) an identification document that includes either the applicant's
photograph or both the applicant's full legal name and date of birth; 2)
documentation, which may be the same as item 1, above, showing the applicant's
date of birth; 3) proof of the applicant's social security number or verification that the
applicant is not eligible for a social security number; 4) documentation showing the
applicant's name and address of principal residence; and 5) documentary proof that
the applicant is a U.S. citizen or is otherwise lawfully present in the United States.
However, in processing an application for a REAL ID noncompliant driver's license
or identification card (noncompliant REAL ID), DOT is not required to meet the
standards for document retention and verification that are imposed for REAL ID
compliant products.
Under the bill, an applicant for a noncompliant REAL ID is not required to
provide documentary proof that the applicant is a U.S. citizen or is otherwise
lawfully present in the United States. Also, an applicant may, in lieu of item 1 above,
provide an individual taxpayer identification number, a foreign passport, or any
other documentation deemed acceptable to DOT and, in lieu of items 2 and 4 above,
provide documentation deemed acceptable to DOT. If the applicant does not have a
social security number, the applicant is required to provide verification only that he
or she does not have one, rather than verification that he or she is not eligible for one.
In processing an application for, and issuing or renewing, a noncompliant REAL ID,
DOT may not include any question or require any proof or documentation as to
whether the applicant is a U.S. citizen or is otherwise lawfully present in the United
States. The bill does not change any current law requirements related to driver
qualifications such as minimum age or successful completion of knowledge and
driving skills tests.
Under current law, most driver's licenses issued by DOT are issued for an initial
two-year period and must be renewed every eight years thereafter. In general, an
applicant for renewal of a driver's license must pass an eyesight test and have his
or her photograph taken with each renewal. Most identification cards issued by DOT
are issued for an initial period of eight years and are renewable for eight-year
periods thereafter, and applicants, generally, must have their photograph taken with
each renewal.
Under the bill, an applicant for a noncompliant REAL ID who does not provide
a social security number is issued a noncompliant REAL ID that has a four-year
renewal period rather than an eight-year renewal period and that displays, on its
face, the following words: “Not valid for voting purposes. Not evidence of citizenship
or immigration status." With each renewal, DOT has discretion whether or not to
take a new photograph and, for a driver's license, give an eyesight test. However,
DOT must take a new photograph and, for a driver's license, give an eyesight test at
least once every eight years.
With limited exceptions, DOT may not disclose social security numbers
obtained from driver's license or identification card applicants. This bill prohibits
DOT from disclosing the fact that an applicant has verified to DOT that the applicant
does not have a social security number, except that DOT may disclose this
information to the Elections Commission.
The bill also prohibits discrimination on the basis of a person's status as a
holder or a nonholder of a noncompliant REAL ID, adding this license status as a
prohibited basis for discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement.
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:
AB1210,1
1Section 1
. 66.1011 (1) of the statutes is amended to read:
AB1210,4,72
66.1011
(1) Declaration of policy. The right of all persons to have equal
3opportunities for housing regardless of their sex, race, color, disability, as defined in
4s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
5origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
6victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
7status as a holder or nonholder of a license under s. 343.03 (3r), lawful source of
1income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and
2106.50 and also of local interest under this section and s. 66.0125. The enactment
3of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
4equal opportunities in housing from consideration by political subdivisions, and does
5not exempt political subdivisions from their duty, nor deprive them of their right, to
6enact ordinances that prohibit discrimination in any type of housing solely on the
7basis of an individual being a member of a protected class.
AB1210,2
8Section 2
. 66.1201 (2m) of the statutes is amended to read:
AB1210,4,149
66.1201
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
10facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
11facility, or privilege in any manner for any purpose nor be discriminated against
12because of sex, race, color, creed,
national origin, sexual orientation, status as a
13victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
14or
national origin status as a holder or nonholder of a license under s. 343.03 (3r).
AB1210,3
15Section 3
. 66.1213 (3) of the statutes is amended to read:
AB1210,4,2116
66.1213
(3) Discrimination. Persons otherwise entitled to any right, benefit,
17facility, or privilege under this section may not be denied the right, benefit, facility,
18or privilege in any manner for any purpose nor be discriminated against because of
19sex, race, color, creed,
national origin, sexual orientation, status as a victim of
20domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
21national origin status as a holder or nonholder of a license under s. 343.03 (3r).
AB1210,4
22Section 4
. 66.1301 (2m) of the statutes is amended to read:
AB1210,5,323
66.1301
(2m) Discrimination. Persons entitled to any right, benefit, facility,
24or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
25or privilege in any manner for any purpose nor be discriminated against because of
1sex, race, color, creed,
national origin, sexual orientation, status as a victim of
2domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
3national origin status as a holder or nonholder of a license under s. 343.03 (3r).
AB1210,5
4Section 5
. 66.1333 (3) (e) 2. of the statutes is amended to read:
AB1210,5,105
66.1333
(3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
6privilege under this section may not be denied the right, benefit, facility, or privilege
7in any manner for any purpose nor be discriminated against because of sex, race,
8color, creed,
national origin, sexual orientation, status as a victim of domestic abuse,
9sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
national origin status
10as a holder or nonholder of a license under s. 343.03 (3r).
AB1210,6
11Section 6
. 86.195 (5) (c) of the statutes is amended to read:
AB1210,5,1812
86.195
(5) (c)
Conformity with discrimination laws. Each business identified
13as a motorist service on a specific information sign shall, as a condition of eligibility
14for erection, installation and maintenance of a sign under this section, give written
15assurance to the department that the business conforms with all applicable laws
16concerning the provisions of public accommodations without regard to race, religion,
17color, sex
or, national origin
, or status as a holder or nonholder of a license under s.
18343.03 (3r).
AB1210,7
19Section 7
. 106.50 (1) of the statutes is amended to read:
AB1210,6,920
106.50
(1) Intent. It is the intent of this section to render unlawful
21discrimination in housing. It is the declared policy of this state that all persons shall
22have an equal opportunity for housing regardless of sex, race, color, sexual
23orientation, disability, religion, national origin, marital status, family status,
status
24as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of
25domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry
1and it is the duty of the political subdivisions to assist in the orderly prevention or
2removal of all discrimination in housing through the powers granted under ss.
366.0125 and 66.1011. The legislature hereby extends the state law governing equal
4housing opportunities to cover single-family residences that are owner-occupied.
5The legislature finds that the sale and rental of single-family residences constitute
6a significant portion of the housing business in this state and should be regulated.
7This section shall be considered an exercise of the police powers of the state for the
8protection of the welfare, health, peace, dignity, and human rights of the people of
9this state.
AB1210,8
10Section 8
. 106.50 (1m) (h) of the statutes is amended to read:
AB1210,6,1611
106.50
(1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
12a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
13because of sex, race, color, sexual orientation, disability, religion, national origin,
14marital status, family status,
status as a holder or nonholder of a license under s.
15343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, lawful
16source of income, age, or ancestry.
AB1210,9
17Section 9
. 106.50 (1m) (nm) of the statutes is amended to read:
AB1210,6,2218
106.50
(1m) (nm) “Member of a protected class" means a group of natural
19persons, or a natural person, who may be categorized because of sex, race, color,
20disability, sexual orientation, religion, national origin, marital status, family status,
21status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim
22of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.
AB1210,10
23Section 10
. 106.50 (5m) (f) 1. of the statutes is amended to read:
AB1210,7,424
106.50
(5m) (f) 1. Nothing in this section prohibits an owner or agent from
25requiring that a person who seeks to buy or rent housing supply information
1concerning family status, and marital, financial, and business status but not
2concerning race, color, disability, sexual orientation, ancestry, national origin,
3religion, creed,
status as a holder or nonholder of a license under s. 343.03 (3r), status
4as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.
AB1210,11
5Section 11
. 106.52 (3) (a) 1. of the statutes is amended to read:
AB1210,7,106
106.52
(3) (a) 1. Deny to another or charge another a higher price than the
7regular rate for the full and equal enjoyment of any public place of accommodation
8or amusement because of sex, race, color, creed, disability, sexual orientation,
9national origin
, or ancestry
or because a person holds or does not hold a license under
10s. 343.03 (3r).
AB1210,12
11Section 12
. 106.52 (3) (a) 2. of the statutes is amended to read:
AB1210,7,1512
106.52
(3) (a) 2. Give preferential treatment to some classes of persons in
13providing services or facilities in any public place of accommodation or amusement
14because of sex, race, color, creed, sexual orientation, national origin
, or ancestry
or
15because a person holds or does not hold a license under s. 343.03 (3r).
AB1210,13
16Section 13
. 106.52 (3) (a) 3. of the statutes is amended to read:
AB1210,7,2317
106.52
(3) (a) 3. Directly or indirectly publish, circulate, display or mail any
18written communication which the communicator knows is to the effect that any of
19the facilities of any public place of accommodation or amusement will be denied to
20any person by reason of sex, race, color, creed, disability, sexual orientation, national
21origin
, or ancestry
or because a person holds or does not hold a license under s. 343.03
22(3r) or that the patronage of a person is unwelcome, objectionable or unacceptable
23for any of those reasons.
AB1210,14
24Section 14
. 106.52 (3) (a) 4. of the statutes is amended to read:
AB1210,8,3
1106.52
(3) (a) 4. Refuse to furnish or charge another a higher rate for any
2automobile insurance because of race, color, creed, disability, national origin
, or
3ancestry
or because a person holds or does not hold a license under s. 343.03 (3r).
AB1210,15
4Section 15
. 106.52 (3) (a) 5. of the statutes is amended to read:
AB1210,8,95
106.52
(3) (a) 5. Refuse to rent, charge a higher price than the regular rate or
6give preferential treatment, because of sex, race, color, creed, sexual orientation,
7national origin
, or ancestry
or because a person holds or does not hold a license under
8s. 343.03 (3r), regarding the use of any private facilities commonly rented to the
9public.
AB1210,16
10Section
16. 111.31 (1) of the statutes is amended to read:
AB1210,9,211
111.31
(1) The legislature finds that the practice of unfair discrimination in
12employment against properly qualified individuals by reason of their age, race,
13creed, color, disability, marital status, sex, national origin, ancestry, sexual
14orientation, arrest record, conviction record, military service, use or nonuse of lawful
15products off the employer's premises during nonworking hours, or declining to
16attend a meeting or to participate in any communication about religious matters or
17political matters, substantially and adversely affects the general welfare of the state.
18Employers, labor organizations, employment agencies, and licensing agencies that
19deny employment opportunities and discriminate in employment against properly
20qualified individuals solely because of their age, race, creed, color, disability, marital
21status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
22record, military service,
status as a holder or nonholder of a license under s. 343.03
23(3r), use or nonuse of lawful products off the employer's premises during nonworking
24hours, or declining to attend a meeting or to participate in any communication about
1religious matters or political matters, deprive those individuals of the earnings that
2are necessary to maintain a just and decent standard of living.