Because this bill may increase or decrease the cost of the development,
construction, financing, purchasing, sale, ownership, or availability of housing in
this state, the Department of Administration, as required by law, will prepare a
housing impact analysis to be printed as an appendix to this bill.
For further information see the state and local 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:
AB771,1 1Section 1. 59.69 (4m) (a) of the statutes is amended to read:
AB771,6,112 59.69 (4m) (a) Subject to par. pars. (b) and (bm), a county, as an exercise of its
3zoning and police powers for the purpose of promoting the health, safety and general
4welfare of the community and of the state, may regulate by ordinance any place,
5structure or object with a special character, historic interest, aesthetic interest or
6other significant value, for the purpose of preserving the place, structure or object
7and its significant characteristics. Subject to pars. (b), (bm), and (c), the county may
8create a landmarks commission to designate historic landmarks and establish
9historic districts. Subject to par. pars. (b) and (bm), the county may regulate all
10historic landmarks and all property within each historic district to preserve the
11historic landmarks and property within the district and the character of the district.
AB771,2 12Section 2. 59.69 (4m) (bm) of the statutes is created to read:
AB771,7,213 59.69 (4m) (bm) In the repair or replacement of a property that is designated
14as a historic landmark or included within a historic district or neighborhood
15conservation district under this subsection, a county shall permit an owner to use
16materials that an ordinary observer would perceive, when viewed from the

1centerline of an adjacent highway, as having a substantially similar appearance to
2the original material.
AB771,3 3Section 3. 60.64 (1) of the statutes is amended to read:
AB771,7,134 60.64 (1) Subject to sub. subs. (2) and (2m), the town board, in the exercise of
5its zoning and police powers for the purpose of promoting the health, safety and
6general welfare of the community and of the state, may regulate any place, structure
7or object with a special character, historic interest, aesthetic interest or other
8significant value for the purpose of preserving the place, structure or object and its
9significant characteristics. Subject to subs. (2), (2m), and (3), the town board may
10create a landmarks commission to designate historic landmarks and establish
11historic districts. Subject to sub. subs. (2) and (2m), the board may regulate all
12historic landmarks and all property within each historic district to preserve the
13historic landmarks and property within the district and the character of the district.
AB771,4 14Section 4. 60.64 (2m) of the statutes is created to read:
AB771,7,1915 60.64 (2m) In the repair or replacement of a property that is designated as a
16historic landmark or included within a historic district or neighborhood conservation
17district under this section, the town board shall allow an owner to use materials that
18an ordinary observer would perceive, when viewed from the centerline of an adjacent
19highway, as having a substantially similar appearance to the original material.
AB771,5 20Section 5. 62.23 (7) (em) 1. of the statutes is amended to read:
AB771,8,1021 62.23 (7) (em) 1. Subject to subd. subds. 2. and 2m., a city, as an exercise of its
22zoning and police powers for the purpose of promoting the health, safety and general
23welfare of the community and of the state, may regulate by ordinance, or if a city
24contains any property that is listed on the national register of historic places in
25Wisconsin or the state register of historic places shall, not later than 1995, enact an

1ordinance to regulate, any place, structure or object with a special character, historic,
2archaeological or aesthetic interest, or other significant value, for the purpose of
3preserving the place, structure or object and its significant characteristics. Subject
4to subds. 2., 2m., and 3., a city may create a landmarks commission to designate
5historic or archaeological landmarks and establish historic districts. Subject to subd.
6subds. 2. and 2m., the city may regulate, or if the city contains any property that is
7listed on the national register of historic places in Wisconsin or the state register of
8historic places shall regulate, all historic or archaeological landmarks and all
9property within each historic district to preserve the historic or archaeological
10landmarks and property within the district and the character of the district.
AB771,6 11Section 6. 62.23 (7) (em) 2m. of the statutes is created to read:
AB771,8,1712 62.23 (7) (em) 2m. In the repair or replacement of a property that is designated
13as a historic landmark or included within a historic district or neighborhood
14conservation district under this paragraph, a city shall allow an owner to use
15materials that an ordinary observer would perceive, when viewed from the
16centerline of an adjacent highway, as having a substantially similar appearance to
17the original material.
AB771,7 18Section 7. 66.0104 (2) (d) 2. c. of the statutes is repealed.
AB771,8 19Section 8. 66.0104 (2) (e) 1. of the statutes is amended to read:
AB771,8,2320 66.0104 (2) (e) 1. Requires that a rental property or rental unit be inspected
21except upon a complaint by any person, as part of a program of regularly scheduled
22inspections conducted in compliance with
under s. 66.0119, as applicable, or as
23required under state or federal law.
AB771,9 24Section 9. 66.0104 (2) (e) 2. am. of the statutes is created to read:
AB771,9,2
166.0104 (2) (e) 2. am. The amount of the fee does not exceed the actual and
2direct cost of performing the inspection.
AB771,10 3Section 10 . 66.0104 (2) (e) 4. of the statutes is amended to read:
AB771,9,154 66.0104 (2) (e) 4. Except as provided in this subdivision, requires that a rental
5property or rental unit be certified, registered, or licensed or requires that a
6residential rental property owner register or obtain a certification or license related
7to owning or managing the residential rental property
. A city, village, town, or county
8may require that a rental unit or residential rental property owner be registered if
9the registration consists only of providing the one name of the an owner and an or
10authorized contact person and an address and, telephone number, and, if available,
11an electronic mail address or other information necessary to receive communications
12by other electronic means
at which the contact person may be contacted. No city,
13village, town, or county, except a 1st class city, may charge a fee for registration under
14this subdivision. No fee charged for registration under this subdivision may exceed
15the reasonable and direct cost of operating a registration program.
AB771,11 16Section 11 . 66.0104 (2) (g) of the statutes is repealed.
AB771,12 17Section 12. 66.0104 (2m) of the statutes is created to read:
AB771,9,2418 66.0104 (2m) If a city, village, town, or county has in effect an ordinance that
19authorizes the inspection of a rental property or rental unit upon a complaint from
20an inspector or other employee or elected official of the city, village, town, or county,
21the city, village, town, or county shall maintain for each inspection performed upon
22a complaint from an employee or official a record of the name of the person making
23the complaint, the nature of the complaint, and any inspection conducted upon the
24complaint.
AB771,13 25Section 13 . 66.0104 (3) (c) of the statutes is amended to read:
AB771,10,3
166.0104 (3) (c) If a city, village, town, or county has in effect on March 2, 2016,
2an ordinance that is inconsistent with sub. (2) (e), or (f), or (g), the ordinance does not
3apply and may not be enforced.
AB771,14 4Section 14. 66.0602 (2m) (b) 1. of the statutes, as affected by 2017 Wisconsin
5Act 59
, is amended to read:
AB771,10,126 66.0602 (2m) (b) 1. In this paragraph, “covered service" means garbage
7collection, fire protection, snow plowing, street sweeping, or storm water
8management, except that garbage collection may not be a covered service for any
9political subdivision that owned and operated a landfill on January 1, 2013
. With
10regard to fire protection, “covered service” does not include the production, storage,
11transmission, sale and delivery, or furnishing of water for public fire protection
12purposes.
AB771,15 13Section 15 . 66.0602 (2m) (b) 2. of the statutes is amended to read:
AB771,10,2014 66.0602 (2m) (b) 2. Except as provided in subd. 4., if a political subdivision
15receives revenues that are designated to pay for a covered service that was funded
16in 2013 by the levy of the political subdivision, the political subdivision shall reduce
17its levy limit in the current year by an amount equal to the estimated amount of fee
18revenue collected for providing the covered service, less any previous reductions
19made under this subdivision, not to exceed the amount funded in 2013 by the levy
20of the political subdivision
.
AB771,16 21Section 16 . 66.0602 (2m) (b) 3. of the statutes is amended to read:
AB771,11,322 66.0602 (2m) (b) 3. Except as provided in subd. 4., if a political subdivision
23receives payments in lieu of taxes that are designated to pay for a covered service that
24was funded in 2013 by the levy of the political subdivision, the political subdivision
25shall reduce its levy limit in the current year by the estimated amount of payments

1in lieu of taxes received by the political subdivision to pay for the covered service, less
2any previous reductions made under this subdivision, not to exceed the amount
3funded in 2013 by the levy of the political subdivision
.
AB771,17 4Section 17 . 66.0628 (2m) of the statutes is created to read:
AB771,11,125 66.0628 (2m) A political subdivision may not impose a fee or charge related to
6the political subdivision enforcing an ordinance related to noxious weeds, electronic
7waste, or other building or property maintenance standards unless the political
8subdivision first notifies, by 1st class mail, or if the person against whom the fee or
9charge is to be imposed has provided an electronic mail address or information
10necessary to receive communications by other electronic means, by electronic mail
11or other electronic means, the person against whom the fee or charge is to be imposed
12that the fee or charge may be imposed.
AB771,18 13Section 18 . 66.0809 (3m) (a) of the statutes is amended to read:
AB771,11,2014 66.0809 (3m) (a) If sub. (5) applies, the municipal utility is complying with sub.
15(5) (am) 1.,
and a notice of arrears under sub. (3) (a) is given or past-due charges are
16certified to the comptroller under s. 62.69 (2) (f), on the date the notice of arrears is
17given, or the past-due charges are certified under s. 62.69 (2) (f), the municipality
18has a lien upon the assets of each tenant of a rental dwelling unit who is responsible
19for arrears in the amount of the arrears, including any penalty assessed pursuant
20to the rules of the utility.
AB771,19 21Section 19 . 66.0809 (5) (am) of the statutes is renumbered 66.0809 (5) (am)
221. and amended to read:
AB771,11,2423 66.0809 (5) (am) 1. A municipal public utility shall send bills for water or
24electric service to a customer who is a tenant in the tenant's own name.
AB771,12,8
12. If a customer who is a tenant vacates his or her rental dwelling unit, and the
2owner of the rental dwelling unit provides the municipal public utility, no later than
321 days after the date on which the tenant vacates the rental dwelling unit, with a
4written notice that contains a forwarding address for the tenant and the date that
5the tenant vacated the rental dwelling unit, the utility shall continue to send
6past-due notices to the customer at his or her forwarding address until the past-due
7charges are paid or until notice has been provided under sub. (3) (a) or the past-due
8charges have been certified to the comptroller under s. 62.69 (2) (f).
AB771,20 9Section 20 . 66.0809 (5) (b) of the statutes is amended to read:
AB771,12,1610 66.0809 (5) (b) A municipal public utility may use sub. (3) or, if s. 62.69 applies,
11s. 62.69 (2) (f), to collect arrearages incurred after the owner of a rental dwelling unit
12has provided the utility with written notice under par. (a) if the municipal public
13utility is complying with par. (am) 1. and serves notice of the past-due charges on the
14owner of the rental dwelling unit within 14 days of the date on which the tenant's
15charges became past due. The municipal public utility shall serve notice in the
16manner provided in s. 801.14 (2).
AB771,21 17Section 21 . 66.0821 (4) (a) of the statutes is amended to read:
AB771,13,518 66.0821 (4) (a) The governing body of the municipality may establish sewerage
19service charges in an amount to meet all or part of the requirements for the
20construction, reconstruction, improvement, extension, operation, maintenance,
21repair, and depreciation of the sewerage system, and for the payment of all or part
22of the principal and interest of any indebtedness incurred for those purposes,
23including the replacement of funds advanced by or paid from the general fund of the
24municipality. Service charges made by a metropolitan sewerage district to any town,
25village, or city shall be levied by the town, village, or city against the individual sewer

1system users within the corporate limits of the municipality, and the municipality
2shall collect the charges and promptly remit them to the metropolitan sewerage
3district. Delinquent charges shall be collected in accordance with sub. (4) (d). The
4governing body of a municipality may not establish any charge under this paragraph
5that is not related to providing sewerage service.
AB771,22 6Section 22 . 68.125 of the statutes is created to read:
AB771,13,10 768.125 Refund of fees. If in an administrative appeal under s. 68.10, the
8municipal authority's order is overturned or the municipal authority withdraws the
9order that was the subject of the appeal, the municipality and municipal authority
10shall refund any fee paid to it by the appellant as a condition of filing the appeal.
AB771,23 11Section 23. 101.02 (7w) of the statutes is created to read:
AB771,13,1412 101.02 (7w) (a) In this subsection, “aesthetic considerations” include
13considerations relating to color and texture and design considerations that do not
14relate to health or safety.
AB771,13,1915 (b) Notwithstanding subs. (7) (a) and (7r), no city, village, or town may enact
16or enforce an ordinance, or otherwise impose any requirement, that includes
17aesthetic considerations for purposes of inspection criteria for the interior of any
18structure or part of a structure that is used or intended to be used as a home,
19residence, or sleeping place.
AB771,24 20Section 24 . 101.132 (2) (a) (intro.) of the statutes is amended to read:
AB771,13,2421 101.132 (2) (a) Design and construction of covered multifamily housing. (intro.)
22In addition to discrimination prohibited under s. 106.50 (2), (2m) and (2r) (b), (bg),
23and (bm) (br), no person may design or construct covered multifamily housing unless
24it meets all of the following standards:
AB771,25 25Section 25 . 106.50 (1m) (im) of the statutes is created to read:
AB771,14,3
1106.50 (1m) (im) “Emotional support animal” means an animal that provides
2emotional support, well-being, comfort, or companionship for an individual but that
3is not trained to perform tasks for the benefit of an individual with a disability.
AB771,26 4Section 26 . 106.50 (1m) (mx) of the statutes is created to read:
AB771,14,75 106.50 (1m) (mx) “Licensed health professional” means a physician,
6psychologist, social worker, or other health professional who satisfies all of the
7following:
AB771,14,88 1. He or she is licensed or certified in this state.
AB771,14,99 2. He or she is acting within the scope of his or her license or certification.
AB771,27 10Section 27 . 106.50 (2r) (bg) and (br) of the statutes are created to read:
AB771,14,1711 106.50 (2r) (bg) Animals that do work or perform tasks for individuals with
12disabilities.
1. If an individual has a disability and a disability-related need for an
13animal that is individually trained to do work or perform tasks for the individual, it
14is discrimination for a person to refuse to rent or sell housing to the individual, cause
15the eviction of the individual from housing, require extra compensation from the
16individual as a condition of continued residence in housing, or engage in the
17harassment of the individual because he or she keeps such an animal.
AB771,15,218 2. If an individual keeps or is seeking to keep an animal that is individually
19trained to do work or perform tasks in housing, an owner, lessor, lessor's agent,
20owner's agent, or representative of a condominium association may request that the
21individual submit to the owner, lessor, agent, or representative reliable
22documentation that the individual has a disability and reliable documentation of the
23disability-related need for the animal, unless the disability is readily apparent or
24known. If the disability is readily apparent or known but the disability-related need

1for the animal is not, the individual may be requested to submit reliable
2documentation of the disability-related need for the animal.
AB771,15,53 3. An individual with a disability who keeps an animal that is individually
4trained to do work or perform tasks in housing shall accept liability for sanitation
5with respect to, and damage to the premises caused by, the animal.
AB771,15,86 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's
7agent, or representative of a condominium association from denying an individual
8the ability to keep an animal in housing if any of the following applies:
AB771,15,109 a. The individual is not disabled, does not have a disability-related need for the
10animal, or fails to provide the documentation requested under subd 2.
AB771,15,1311 b. Allowing the animal would impose an undue financial and administrative
12burden or would fundamentally alter the nature of services provided by the lessor,
13owner, or representative.
AB771,15,1514 c. The specific animal in question poses a direct threat to a person's health or
15safety that cannot be reduced or eliminated by another reasonable accommodation.
AB771,15,1816 d. The specific animal in question would cause substantial physical damage to
17a person's property that cannot be reduced or eliminated by another reasonable
18accommodation.
AB771,15,2419 (br) Emotional support animals. 1. If an individual has a disability and a
20disability-related need for an emotional support animal, it is discrimination for a
21person to refuse to rent or sell housing to the individual, cause the eviction of the
22individual from housing, require extra compensation from the individual as a
23condition of continued residence in housing, or engage in the harassment of the
24individual because he or she keeps such an animal.
AB771,16,6
12. If an individual keeps or is seeking to keep an emotional support animal in
2housing, an owner, lessor, lessor's agent, owner's agent, or representative of a
3condominium association may request that the individual submit to the owner,
4lessor, agent, or representative reliable documentation that the individual has a
5disability and reliable documentation of the disability-related need for the
6emotional support animal from a licensed health professional.
AB771,16,97 3. An individual with a disability who keeps an emotional support animal in
8housing shall accept liability for sanitation with respect to, and damage to the
9premises caused by, the animal.
AB771,16,1210 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's
11agent, or representative of a condominium association from denying an individual
12the ability to keep an animal in housing if any of the following applies:
AB771,16,1413 a. The individual is not disabled, does not have a disability-related need for the
14animal, or fails to provide the documentation requested under subd 2.
AB771,16,1715 b. Allowing the animal would impose an undue financial and administrative
16burden or would fundamentally alter the nature of services provided by the lessor,
17owner, or representative.
AB771,16,1918 c. The specific animal in question poses a direct threat to a person's health or
19safety that cannot be reduced or eliminated by another reasonable accommodation.
AB771,16,2220 d. The specific animal in question would cause substantial physical damage to
21a person's property that cannot be reduced or eliminated by another reasonable
22accommodation.
AB771,17,223 5. An individual shall forfeit not less than $500 if he or she, for the purpose of
24obtaining housing, intentionally misrepresents that he or she has a disability or

1misrepresents the need for an emotional support animal to assist with his or her
2disability.
AB771,17,63 6. A licensed health professional shall forfeit not less than $500 if he or she, for
4the purpose of allowing the patient to obtain housing, misrepresents that his or her
5patient has a disability or misrepresents his or her patient's need for an emotional
6support animal to assist with his or her patient's disability.
AB771,28 7Section 28 . 106.50 (2r) (bm) of the statutes is repealed.
AB771,29 8Section 29 . 106.50 (2r) (c) of the statutes is amended to read:
AB771,17,169 106.50 (2r) (c) Design and construction of covered multifamily housing. In
10addition to discrimination prohibited under pars. (b), (bg), and (bm) (br) and subs.
11(2) and (2m), no person may design or construct covered multifamily housing, as
12defined in s. 101.132 (1) (d), unless it meets the standards specified in s. 101.132 (2)
13(a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h),
14housing with 3 or more dwelling units unless the remodeled housing meets the
15standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b)
161., 2. or 3., whichever is applicable.
AB771,30 17Section 30. 175.403 (2) of the statutes is amended to read:
AB771,17,2118 175.403 (2) Each By July 1, 2018, each law enforcement agency shall have a
19written policy regarding the investigation of complaints alleging a violation of s.
20943.14. The policy shall require a law enforcement officer who has probable cause
21to arrest a person for a violation of s. 943.14 to remove the person from a dwelling.
AB771,31 22Section 31. 196.643 (title) of the statutes is amended to read:
AB771,17,24 23196.643 (title) Owner responsibility for Public utility service to rental
24dwelling unit.
AB771,32 25Section 32. 196.643 (3) of the statutes is created to read:
AB771,18,5
1196.643 (3) Notifications; electric service. If requested by the owner of a
2rental dwelling unit, a public utility that provides electric service to a tenant residing
3in the unit shall notify the owner no later than 5 days before disconnecting service
4based on the tenant's nonpayment of past due charges. A public utility may provide
5information about a tenant's past due charges to the owner by telephone.
AB771,33 6Section 33. 196.643 (4) of the statutes is created to read:
AB771,18,107 196.643 (4) Resumption of service. No public utility may require the owner
8of a rental dwelling unit to provide proof of eviction or other evidence that a tenant
9has vacated the unit as a condition for providing or resuming public utility service
10to the unit.
AB771,34 11Section 34 . 704.07 (3) (a) of the statutes is renumbered 704.07 (3) (a) (intro.)
12and amended to read:
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