AB623: Bill Text

LRB-2774/2

PJK&PJH:wlj:rs

2013 - 2014 LEGISLATURE

2013 Assembly BILL 623

January 15, 2014 - Introduced by Representatives Goyke, Johnson, Hulsey, Berceau, Hebl, Pasch, Zepnick, Kessler, Sinicki, Ohnstad, Barnes and Zamarripa, cosponsored by Senators Harris and L. Taylor. Referred to Committee on Housing and Real Estate.

AB623,1,4 An Act to amend 943.14; and to create 814.61 (1) (f), 846.095, 943.13 (4m) (e) and 943.15 (1r) of the statutes; relating to: a program for installing lighting on tax delinquent properties and properties in foreclosure and charging an additional fee for filing a foreclosure action to be used for lighting installation.

Analysis by the Legislative Reference Bureau

This bill requires the board of each county (board) to establish a program for installing lighting on certain eligible properties located in the county. A property is eligible to have lighting installed if 1) the property is the subject of a foreclosure action or the county holds a tax certificate with respect to the property for delinquent property taxes; 2) the property has one or more buildings or other improvements; and 3) the board determines that the property is abandoned or blighted. The board must develop criteria, which take into consideration all of the circumstances of the property, for determining whether lighting should be installed on an eligible property.

The board must contract with an electrician or electrical contractor to install the lighting on the exterior of any buildings or other improvements on an eligible property. The lighting must be powered by solar energy and just sufficient for securing the improvements on the property. The bill provides the contractor with immunity from civil and criminal liability for acts or omissions related to installing the lighting under the contract.

The board may delegate any of its responsibilities under the program to any committee created by the board or any county employee, agency, or department. Funding for the program comes from a $50 fee that is paid by the plaintiff in each foreclosure action that is commenced in the county. The fee is in addition to the usual fee for commencing a foreclosure action, which under current law is $75.

For further information see the 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:

AB623,1 Section 1. 814.61 (1) (f) of the statutes is created to read:

AB623,2,5 814.61 (1) (f) In addition to the fee under par. (a), at the commencement of a mortgage foreclosure action under ch. 846, a fee of $50 to be deposited by the county treasurer in a separate account to be used by the county exclusively for purposes of the program under s. 846.095.

AB623,2 Section 2. 846.095 of the statutes is created to read:

AB623,2,10 846.095 Installing lighting on properties that are tax delinquent or in foreclosure. (1) Definition. In this section, "board" means a county board and includes any person to which a county board delegates its responsibilities under sub. (3).

AB623,2,15 (2) Program for installation of security lighting. The board of each county shall, no later than the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], establish a program for installing lighting on properties located in the county that are tax delinquent or in foreclosure. The program shall include at least all of the following features and requirements:

AB623,2,19 (a) The board shall enter into a contract with an electrical contractor or electrician to install the lighting. The lighting shall be installed for security purposes on the exterior of any buildings or other improvements on the property and must be powered by solar energy.

AB623,3,2 (b) Subject to par. (c), a property is eligible to have lighting installed if it is located in the county and satisfies all of the following criteria:

AB623,3,4 1. The property is the subject of a foreclosure action under ch. 846 or the county holds a tax certificate under s. 74.57 with respect to the property.

AB623,3,5 2. The property has one or more buildings or other improvements.

AB623,3,8 3. The board determines that the property is blighted property, as defined in s. 32.22 (1) (a), or, using the criteria listed in s. 846.102 (2) (a) to (f), determines that the property has been abandoned.

AB623,3,11 (c) The board shall develop criteria to use for determining whether to install lighting on a property that is eligible under par. (b). The criteria shall take into consideration the totality of the circumstances of each eligible property.

AB623,3,13 (d) Lighting installed on a property shall not be more than is sufficient, as determined by the board, to secure the improvements on the property.

AB623,3,16 (3) Delegation permissible. The board may delegate any of its responsibilities under the program to a committee established by the board or to a county employee, department, or agency.

AB623,3,20 (4) Obtaining information. The clerk of circuit court in the county, the county treasurer, and the county register of deeds shall cooperate with and assist the board in obtaining any information that the board needs to administer the program under this section.

AB623,3,24 (5) Immunity from liability for contractor. An electrical contractor or electrician that contracts to install lighting under a program under this section is immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under sub. (2) (a).

AB623,3 Section 3. 943.13 (4m) (e) of the statutes is created to read:

AB623,4,2 943.13 (4m) (e) A person entering or remaining on the land pursuant to a contract under s. 846.095 (2) (a).

AB623,4 Section 4. 943.14 of the statutes is amended to read:

AB623,4,8 943.14 Criminal trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor. This section does not apply to a person entering or remaining on the land pursuant to a contract under s. 846.095 (2) (a).

AB623,5 Section 5. 943.15 (1r) of the statutes is created to read:

AB623,4,11 943.15 (1r) This section does not apply to a person entering or remaining on the land pursuant to a contract under s. 846.095 (2) (a).

AB623,6 Section 6. Initial applicability.

AB623,4,15 (1) The treatment of section 814.61 (1) (f) of the statutes first applies to mortgage foreclosure actions that are commenced on the effective date of this subsection.

AB623,4,16 (End)