2015 WISCONSIN ACT 176
An Act to repeal 66.1019 (3) (b) and 101.975 (3); to renumber 706.22 (2) (a) 1., 706.22 (2) (a) 2. and 706.22 (2) (a) 3.; to renumber and amend 59.69 (4m), 60.64, 62.23 (7) (em), 66.1019 (3) (a), 704.17 (1) (b), 704.17 (5), 706.22 (2) (b), 706.22 (3) and 943.14; to amend 20.505 (7) (h), 66.0809 (9), 101.02 (7m), 349.13 (3m) (dr) 2., 349.13 (3m) (e) 1., 349.13 (3m) (e) 3., 704.17 (2) (b), 704.19 (2) (b) 2., 706.22 (title), 706.22 (2) (title), 706.22 (2) (a) (intro.) and 800.035 (1); and to create 59.69 (4m) (b), 59.69 (4m) (c), 60.64 (2), 60.64 (3), 62.23 (7) (em) 2., 62.23 (7) (em) 3., 66.0104 (2) (e), 66.0104 (2) (f), 66.0104 (2) (g), 66.0104 (3) (c), 175.403, 704.055, 704.17 (1) (b) 1., 704.17 (3m), 704.17 (5) (b), 706.22 (2) (a) 2m., 706.22 (2) (a) 3m., 706.22 (2) (b) 2., 706.22 (3) (b) and 943.14 (1) of the statutes; relating to: terminating a tenancy for criminal activity or drug-related criminal activity; disposition of personal property left in rental property by a trespasser; preexisting sprinkler ordinances that are stricter than the multifamily dwelling code; towing vehicles illegally parked on private property; terminating certain tenancies for breaches other than failure to pay rent; limitations on the authority of political subdivisions to regulate rental units and historic properties; prohibiting local governmental units from imposing real property purchase or residential real property occupancy requirements; creating a criminal penalty; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
176,1
Section
1. 20.505 (7) (h) of the statutes is amended to read:
20.505 (7) (h) Funding for the homeless. All moneys received from interest on real estate trust accounts under s. 452.13 for grants under s. 16.307, and all moneys received under s. ss. 704.05 (5) (a) 2. and 704.055 (2) (b), for grants to agencies and shelter facilities for homeless individuals and families under s. 16.308 (2) (a) and (b).
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2. 59.69 (4m) of the statutes is renumbered 59.69 (4m) (a) and amended to read:
59.69 (4m) (a) A Subject to par. (b), a county, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance any place, structure or object with a special character, historic interest, aesthetic interest or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. The Subject to pars. (b) and (c), the county may create a landmarks commission to designate historic landmarks and establish historic districts. The Subject to par. (b), the county may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district.
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3. 59.69 (4m) (b) of the statutes is created to read:
59.69 (4m) (b) Before the county designates a historic landmark or establishes a historic district, the county shall hold a public hearing. If the county proposes to designate a place, structure, or object as a historic landmark or establish a historic district that includes a place, structure, or object, the county shall, by 1st class mail, notify the owner of the place, structure, or object of the determination and of the time and place of the public hearing on the determination.
176,3m
Section 3m. 59.69 (4m) (c) of the statutes is created to read:
59.69 (4m) (c) An owner of property that is affected by a decision of a county landmarks commission may appeal the decision to the board. The board may overturn a decision of the commission by a majority vote of the board.
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4. 60.64 of the statutes is renumbered 60.64 (1) and amended to read:
60.64 (1) The Subject to sub. (2), the town board, in the exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The Subject to subs. (2) and (3), the town board may create a landmarks commission to designate historic landmarks and establish historic districts. The Subject to sub. (2), the board may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district.
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Section
5. 60.64 (2) of the statutes is created to read:
60.64 (2) Before the town board designates a historic landmark or establishes a historic district, the town board shall hold a public hearing. If the town board proposes to designate a place, structure, or object as a historic landmark or establish a historic district that includes a place, structure, or object, the town board shall, by 1st class mail, notify the owner of the place, structure, or object of the determination and of the time and place of the public hearing on the determination.
176,5m
Section 5m. 60.64 (3) of the statutes is created to read:
60.64 (3) An owner of property that is affected by a decision of a town landmarks commission may appeal the decision to the town board. The town board may overturn a decision of the commission by a majority vote of the town board.
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6. 62.23 (7) (em) of the statutes is renumbered 62.23 (7) (em) 1. and amended to read:
62.23 (7) (em) 1. A Subject to subd. 2., a city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure or object with a special character, historic, archaeological or aesthetic interest, or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. A Subject to subds. 2. and 3., a city may create a landmarks commission to designate historic or archaeological landmarks and establish historic districts. The Subject to subd. 2., the city may regulate, or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archaeological landmarks and all property within each historic district to preserve the historic or archaeological landmarks and property within the district and the character of the district.
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Section
7. 62.23 (7) (em) 2. of the statutes is created to read:
62.23 (7) (em) 2. Before the city designates a historic landmark or establishes a historic district, the city shall hold a public hearing. If the city proposes to designate a place, structure, or object as a historic landmark or establish a historic district that includes a place, structure, or object, the city shall, by 1st class mail, notify the owner of the place, structure, or object of the determination and of the time and place of the public hearing on the determination.
176,7m
Section 7m. 62.23 (7) (em) 3. of the statutes is created to read:
62.23 (7) (em) 3. An owner of property that is affected by a decision of a city landmarks commission may appeal the decision to the common council. The common council may overturn a decision of the commission by a majority vote of the common council.
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Section
8. 66.0104 (2) (e) of the statutes is created to read:
66.0104 (2) (e) No city, village, town, or county may enact an ordinance that does any of the following:
1. Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part of a program of regularly scheduled inspections conducted in compliance with s. 66.0119, as applicable, or as required under state or federal law.
2. Charges a fee for conducting an inspection of a residential rental property unless all of the following are satisfied:
a. The amount of the fee is uniform for residential rental inspections.
b. The fee is charged at the time that the inspection is actually performed.
3. Charges a fee for a subsequent reinspection of a residential rental property that is more than twice the fee charged for an initial reinspection.
4. Except as provided in this subdivision, requires that a rental property or rental unit be certified, registered, or licensed. A city, village, town, or county may require that a rental unit be registered if the registration consists only of providing the name of the owner and an authorized contact person and an address and telephone number at which the contact person may be contacted.
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9. 66.0104 (2) (f) of the statutes is created to read:
66.0104 (2) (f) No city, village, town, or county may impose an occupancy or transfer of tenancy fee on a rental unit.
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Section
10. 66.0104 (2) (g) of the statutes is created to read:
66.0104 (2) (g) 1. Except as provided in subds. 2. and 3., no city, village, town, or county may enact an ordinance that requires a residential rental property owner to register or obtain a certification or license related to owning or managing the residential rental property.
2. Subdivision 1. does not apply to an ordinance that applies uniformly to all residential rental property owners, including owners of owner-occupied rental property.
3. Subdivision 1. does not prohibit a city, village, town, or county from requiring that a landlord be registered if the registration consists only of providing the name of the landlord and an authorized contact person and an address and telephone number at which the contact person may be contacted.
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Section
11. 66.0104 (3) (c) of the statutes is created to read:
66.0104 (3) (c) If a city, village, town, or county has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub. (2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
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Section
12. 66.0809 (9) of the statutes is amended to read:
66.0809 (9) A municipal utility is not required to offer a customer who is a tenant at a rental dwelling unit a deferred payment agreement. Notwithstanding. ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a municipal utility to offer or not offer a deferred payment agreement does not require approval, and is not subject to disapproval, by the public service commission.
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13. 66.1019 (3) (a) of the statutes is renumbered 66.1019 (3) and amended to read:
66.1019 (3) Except as provided in par. (b), any Any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s. 101.02 (7m).
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14. 66.1019 (3) (b) of the statutes is repealed.
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15. 101.02 (7m) of the statutes is amended to read:
101.02 (7m) Notwithstanding sub. (7) (a), no city, village, or town may make or enforce any ordinance that is applied to any multifamily dwelling, as defined in s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary to an order of the department under this subchapter, except that if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town may take any action with regard to that ordinance that a political subdivision may take under s. 101.975 (3) (b). Any provision of a contract between a city, village, or town and a property owner of a multifamily dwelling that requires the property owner to comply with an ordinance that does not conform to subch. VI and this section or is contrary to an order of the department under this subchapter may be waived by the property owner and if waived is void and unenforceable.
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16. 101.975 (3) of the statutes is repealed.
176,17
Section
17. 175.403 of the statutes is created to read:
175.403 Trespassing; arrest and removal. (1) In this section:
(a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
(2) Each law enforcement agency shall have a written policy regarding the investigation of complaints alleging a violation of s. 943.14. The policy shall require a law enforcement officer who has probable cause to arrest a person for a violation of s. 943.14 to remove the person from a dwelling.
176,18
Section
18. 349.13 (3m) (dr) 2. of the statutes is amended to read:
349.13 (3m) (dr) 2. A towing service may not collect any charges for the removal or storage of an illegally parked vehicle under this subsection if unless the towing service has not complied made a good faith effort to comply with par. (d) 2. with respect to the vehicle. A towing service operating in a 1st class city may not collect any charges for the removal or storage of an illegally parked vehicle under this subsection if the towing service has not complied with par. (d) 2. with respect to the vehicle.
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19. 349.13 (3m) (e) 1. of the statutes is amended to read:
349.13 (3m) (e) 1. Reasonable charges for removal and storage of vehicles under this subsection when no citation has been issued.
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Section
20. 349.13 (3m) (e) 3. of the statutes is amended to read:
349.13 (3m) (e) 3. Guidelines for towing services to notify law enforcement under par. (d) upon removal of a vehicle when no citation has been issued.
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Section
21. 704.055 of the statutes is created to read: