AB163: Bill Text

LRB-0966/3

PJK:wlj:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 163

March 19, 2009 - Introduced by Representatives Berceau, Roys, Zepnick, Hilgenberg and Smith, cosponsored by Senators Taylor and Plale. Referred to Committee on Elections and Campaign Reform.

AB163,1,2 An Act to create 704.43 of the statutes; relating to: allowing certain political signs on rental premises.

Analysis by the Legislative Reference Bureau

Under current law, a condominium bylaw or rule may not prohibit a unit owner from displaying in his or her unit a sign that supports or opposes a candidate for public office or a referendum question. This bill prohibits a landlord from prohibiting a tenant from displaying a sign that is in support of or opposition to a candidate for public office or a referendum question; is not larger than 28 inches by 22 inches; is displayed in or on a window, door, or balcony of the rental premises; and is displayed only during the period that begins 30 days before an election and ends 15 days after the election. The bill also provides that any provision in a rental agreement that violates the prohibition is void and unenforceable, and that the display of a sign in any manner that would violate any federal law, any local law, or another state law that is applicable to the tenant is prohibited.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB163, s. 1 Section 1. 704.43 of the statutes is created to read:

AB163,2,3 704.43 Landlord may not prohibit certain political signs. (1) A landlord may not prohibit a tenant from displaying a sign that meets all of the following requirements:

AB163,2,5 (a) The sign is in support of or opposition to a candidate for public office or a referendum question.

AB163,2,6 (b) The sign is no larger than 28 inches by 22 inches.

AB163,2,8 (c) The sign is displayed in or on a window, door, or balcony of the tenant's rental unit or premises.

AB163,2,10 (d) The sign is displayed only during the period that begins 30 days before an election and ends 15 days after the election.

AB163,2,12 (2) Any provision in a rental agreement that violates sub. (1) is void and unenforceable.

AB163,2,15 (3) Notwithstanding subs. (1) and (2), a tenant may not display a sign in any manner that would violate a federal or local law, or another state law, that is applicable to the tenant.

AB163, s. 2 Section 2. Initial applicability.

AB163,2,18 (1) This act first applies to tenancies commenced, or rental agreements entered into or renewed, on the effective date of this subsection.

AB163,2,19 (End)