2023 - 2024 LEGISLATURE
LRB-6040/1
ARG/EVM/ZDW:emw
2023 SENATE BILL 1108
April 11, 2024 - Introduced by Senators CARPENTER, SMITH, AGARD, SPREITZER and
LARSON, cosponsored by Representatives ORTIZ-VELEZ, C. ANDERSON, VINING,
BALDEH, HONG, NEUBAUER, RATCLIFF, EMERSON, CLANCY, BARE and SHELTON.
Referred to Committee on Transportation and Local Government.
1 AN ACT to renumber and amend 343.14 (2) (br) and 343.14 (2) (es); to amend
2 66.1011 (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.,
5 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 194.025, 224.77 (1) (o), 230.01 (2) (b),
6 230.18, 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.,
11 343.165 (7) (c), 343.17 (3) (a) 16., 343.50 (5) (bm) and 343.50 (8) (c) 6. of the
 2023 - 2024 Legislature -2- LRB-6040/1
ARG/EVM/ZDW:emw
SENATE BILL 1108
1 statutes; relating to: issuance of identification cards and operator's licenses
2 to 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
 LRB-6040/1
2023 - 2024 Legislature -3- ARG/EVM/ZDW:emw
SENATE BILL 1108
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:
1 SECTION 1. 66.1011 (1) of the statutes is amended to read:
2 66.1011 (1) DECLARATION OF POLICY. The right of all persons to have equal
3 opportunities for housing regardless of their sex, race, color, disability, as defined in
4 s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
5 origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
6 victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
7 status as a holder or nonholder of a license under s. 343.03 (3r), lawful source of
 2023 - 2024 Legislature -4- LRB-6040/1
ARG/EVM/ZDW:emw
SENATE BILL 1108 SECTION 1
1 income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and
2 106.50 and also of local interest under this section and s. 66.0125. The enactment
3 of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
4 equal opportunities in housing from consideration by political subdivisions, and does
5 not exempt political subdivisions from their duty, nor deprive them of their right, to
6 enact ordinances that prohibit discrimination in any type of housing solely on the
7 basis of an individual being a member of a protected class.
8 SECTION 2. 66.1201 (2m) of the statutes is amended to read:
9 66.1201 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
10 facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
11 facility, or privilege in any manner for any purpose nor be discriminated against
12 because of sex, race, color, creed, national origin, sexual orientation, status as a
13 victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
14 or national origin status as a holder or nonholder of a license under s. 343.03 (3r).
15 SECTION 3. 66.1213 (3) of the statutes is amended to read:
16 66.1213 (3) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
17 facility, or privilege under this section may not be denied the right, benefit, facility,
18 or privilege in any manner for any purpose nor be discriminated against because of
19 sex, race, color, creed, national origin, sexual orientation, status as a victim of
20 domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
21 national origin status as a holder or nonholder of a license under s. 343.03 (3r).
22 SECTION 4. 66.1301 (2m) of the statutes is amended to read:
23 66.1301 (2m) DISCRIMINATION. Persons entitled to any right, benefit, facility,
24 or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
25 or privilege in any manner for any purpose nor be discriminated against because of
 LRB-6040/1
2023 - 2024 Legislature -5- ARG/EVM/ZDW:emw
SENATE BILL 1108 SECTION 4
1 sex, race, color, creed, national origin, sexual orientation, status as a victim of
2 domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
3 national origin status as a holder or nonholder of a license under s. 343.03 (3r).
4 SECTION 5. 66.1333 (3) (e) 2. of the statutes is amended to read:
5 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
6 privilege under this section may not be denied the right, benefit, facility, or privilege
7 in any manner for any purpose nor be discriminated against because of sex, race,
8 color, creed, national origin, sexual orientation, status as a victim of domestic abuse,
9 sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status
10 as a holder or nonholder of a license under s. 343.03 (3r).
11 SECTION 6. 86.195 (5) (c) of the statutes is amended to read:
12 86.195 (5) (c) Conformity with discrimination laws. Each business identified
13 as a motorist service on a specific information sign shall, as a condition of eligibility
14 for erection, installation and maintenance of a sign under this section, give written
15 assurance to the department that the business conforms with all applicable laws
16 concerning the provisions of public accommodations without regard to race, religion,
17 color, sex or, national origin, or status as a holder or nonholder of a license under s.
18 343.03 (3r).
19 SECTION 7. 106.50 (1) of the statutes is amended to read:
20 106.50 (1) INTENT. It is the intent of this section to render unlawful
21 discrimination in housing. It is the declared policy of this state that all persons shall
22 have an equal opportunity for housing regardless of sex, race, color, sexual
23 orientation, disability, religion, national origin, marital status, family status, status
24 as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of
25 domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry
 2023 - 2024 Legislature -6- LRB-6040/1
ARG/EVM/ZDW:emw
SENATE BILL 1108 SECTION 7
1 and it is the duty of the political subdivisions to assist in the orderly prevention or
2 removal of all discrimination in housing through the powers granted under ss.
3 66.0125 and 66.1011. The legislature hereby extends the state law governing equal
4 housing opportunities to cover single-family residences that are owner-occupied.
5 The legislature finds that the sale and rental of single-family residences constitute
6 a significant portion of the housing business in this state and should be regulated.
7 This section shall be considered an exercise of the police powers of the state for the
8 protection of the welfare, health, peace, dignity, and human rights of the people of
9 this state.
10 SECTION 8. 106.50 (1m) (h) of the statutes is amended to read:
11 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
12 a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
13 because of sex, race, color, sexual orientation, disability, religion, national origin,
14 marital status, family status, status as a holder or nonholder of a license under s.
15 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, lawful
16 source of income, age, or ancestry.
17 SECTION 9. 106.50 (1m) (nm) of the statutes is amended to read:
18 106.50 (1m) (nm) “Member of a protected class" means a group of natural
19 persons, or a natural person, who may be categorized because of sex, race, color,
20 disability, sexual orientation, religion, national origin, marital status, family status,
21 status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim
22 of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.
23 SECTION 10. 106.50 (5m) (f) 1. of the statutes is amended to read:
24 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from
25 requiring that a person who seeks to buy or rent housing supply information
 LRB-6040/1
2023 - 2024 Legislature -7- ARG/EVM/ZDW:emw
SENATE BILL 1108 SECTION 10
1 concerning family status, and marital, financial, and business status but not
2 concerning race, color, disability, sexual orientation, ancestry, national origin,
3 religion, creed, status as a holder or nonholder of a license under s. 343.03 (3r), status
4 as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.
5 SECTION 11. 106.52 (3) (a) 1. of the statutes is amended to read:
6 106.52 (3) (a) 1. Deny to another or charge another a higher price than the
7 regular rate for the full and equal enjoyment of any public place of accommodation
8 or amusement because of sex, race, color, creed, disability, sexual orientation,
9 national origin, or ancestry or because a person holds or does not hold a license under
10 s. 343.03 (3r).
11 SECTION 12. 106.52 (3) (a) 2. of the statutes is amended to read:
12 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in
13 providing services or facilities in any public place of accommodation or amusement
14 because of sex, race, color, creed, sexual orientation, national origin, or ancestry or
15 because a person holds or does not hold a license under s. 343.03 (3r).
16 SECTION 13. 106.52 (3) (a) 3. of the statutes is amended to read:
17 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display or mail any
18 written communication which the communicator knows is to the effect that any of
19 the facilities of any public place of accommodation or amusement will be denied to
20 any person by reason of sex, race, color, creed, disability, sexual orientation, national
21 origin, 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
23 for any of those reasons.
24 SECTION 14. 106.52 (3) (a) 4. of the statutes is amended to read:
 2023 - 2024 Legislature -8- LRB-6040/1
ARG/EVM/ZDW:emw
SENATE BILL 1108 SECTION 14
1 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any
2 automobile insurance because of race, color, creed, disability, national origin, or
3 ancestry or because a person holds or does not hold a license under s. 343.03 (3r).
4 SECTION 15. 106.52 (3) (a) 5. of the statutes is amended to read:
5 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or
6 give preferential treatment, because of sex, race, color, creed, sexual orientation,
7 national origin, or ancestry or because a person holds or does not hold a license under
8 s. 343.03 (3r), regarding the use of any private facilities commonly rented to the
9 public.
10 SECTION 16. 111.3