LRBs0239/1
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2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 771
January 16, 2018 - Offered by Representative R. Brooks.
AB771-ASA2,2,8 1An Act to repeal 66.0104 (2) (d) 2. c., 66.0104 (2) (g) and 106.50 (2r) (bm); to
2renumber
66.0104 (1) (a), 704.17 (1) and 799.06 (3); to renumber and amend
366.0809 (5) (am) and 704.07 (3) (a); to amend 59.69 (4m) (a), 60.64 (1), 62.23
4(7) (em) 1., 66.0104 (2) (e) 1., 66.0104 (2) (e) 2. a., 66.0104 (2) (e) 4., 66.0104 (3)
5(c), 66.0602 (2m) (b) 2., 66.0602 (2m) (b) 3., 66.0809 (3m) (a), 66.0809 (5) (b),
666.0821 (4) (a), 101.132 (2) (a) (intro.), 106.50 (2r) (c), 175.403 (2), 196.643
7(title), 704.07 (4), 799.206 (3), 799.40 (4) (a) and 802.05 (2m); and to create
859.69 (4m) (bm), 60.64 (2m), 62.23 (7) (em) 2m., 66.0104 (1) (ah), 66.0104 (2) (e)
91m., 66.0104 (2) (e) 2. am., 66.0104 (2m), 66.0628 (2m), 68.125, 101.02 (7w),
10106.50 (1m) (im), 106.50 (1m) (mx), 106.50 (2r) (bg) and (br), 196.643 (3),
11196.643 (4), 704.07 (3) (a) 1. and 2., 704.07 (5), 704.085, 704.10, 704.17 (1g),
12704.17 (4m), 758.20, 799.06 (3) (b), 799.40 (1g) and 799.40 (1s) of the statutes;
13relating to: the authority of political subdivisions to regulate rental properties

1and historic properties and of municipalities to inspect dwellings, public utility
2service to rental dwelling units, landlord and tenant regulations, fees imposed
3by a political subdivision, certain levy limit reductions, certain procedural
4changes in eviction actions, information available on the consolidated court
5automated Internet site, discrimination in housing against individuals who
6keep certain animals, falsely claiming an animal to be a service animal,
7municipal administrative procedure, enforcement of the rental unit energy
8efficiency program, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB771-ASA2,1 9Section 1. 59.69 (4m) (a) of the statutes is amended to read:
AB771-ASA2,2,1910 59.69 (4m) (a) Subject to par. pars. (b) and (bm), a county, as an exercise of its
11zoning and police powers for the purpose of promoting the health, safety and general
12welfare of the community and of the state, may regulate by ordinance any place,
13structure or object with a special character, historic interest, aesthetic interest or
14other significant value, for the purpose of preserving the place, structure or object
15and its significant characteristics. Subject to pars. (b), (bm), and (c), the county may
16create a landmarks commission to designate historic landmarks and establish
17historic districts. Subject to par. pars. (b) and (bm), the county may regulate all
18historic landmarks and all property within each historic district to preserve the
19historic landmarks and property within the district and the character of the district.
AB771-ASA2,2 20Section 2. 59.69 (4m) (bm) of the statutes is created to read:
AB771-ASA2,3,221 59.69 (4m) (bm) In the repair or replacement of a property that is designated
22as a historic landmark or included within a historic district or neighborhood
23conservation district under this subsection, a county shall permit an owner to use

1materials that are similar in design, color, scale, architectural appearance, and other
2visual qualities.
AB771-ASA2,3 3Section 3. 60.64 (1) of the statutes is amended to read:
AB771-ASA2,3,134 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-ASA2,4 14Section 4. 60.64 (2m) of the statutes is created to read:
AB771-ASA2,3,1915 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
18are similar in design, color, scale, architectural appearance, and other visual
19qualities.
AB771-ASA2,5 20Section 5. 62.23 (7) (em) 1. of the statutes is amended to read:
AB771-ASA2,4,1021 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-ASA2,6 11Section 6. 62.23 (7) (em) 2m. of the statutes is created to read:
AB771-ASA2,4,1612 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 are similar in design, color, scale, architectural appearance, and other
16visual qualities.
AB771-ASA2,7 17Section 7. 66.0104 (1) (a) of the statutes is renumbered 66.0104 (1) (ax).
AB771-ASA2,8 18Section 8. 66.0104 (1) (ah) of the statutes is created to read:
AB771-ASA2,4,2019 66.0104 (1) (ah) “Habitability violation” means any of the following conditions
20if the condition constitutes an ordinance violation:
AB771-ASA2,4,2121 1. The rental property or rental unit lacks hot or cold running water.
AB771-ASA2,5,222 2. Heating facilities serving the rental property or rental unit are not in safe
23operating condition or are not capable of maintaining a temperature, in all living
24areas of the property or unit, of at least 67 degrees Fahrenheit during all seasons of
25the year in which the property or unit may be occupied. Temperatures in living areas

1shall be measured at the approximate center of the room, midway between floor and
2ceiling.
AB771-ASA2,5,53 3. The rental property or rental unit is not served by electricity, or the electrical
4wiring, outlets, fixtures, or other components of the electrical system are not in safe
5operating condition.
AB771-ASA2,5,106 4. Any structural or other conditions in the rental property or rental unit that
7constitute a substantial hazard to the health or safety of the tenant, or create an
8unreasonable risk of personal injury as a result of any reasonably foreseeable use of
9the property or unit other than negligent use or abuse of the property or unit by the
10tenant.
AB771-ASA2,5,1211 5. The rental property or rental unit is not served by plumbing facilities in good
12operating condition.
AB771-ASA2,5,1413 6. The rental property or rental unit is not served by sewage disposal facilities
14in good operating condition.
AB771-ASA2,5,1615 7. The rental property or rental unit lacks working smoke detectors or carbon
16monoxide detectors.
AB771-ASA2,5,1717 8. The rental property or rental unit is infested with rodents or insects.
AB771-ASA2,5,1818 9. The rental property or rental unit contains excessive mold.
AB771-ASA2,9 19Section 9. 66.0104 (2) (d) 2. c. of the statutes is repealed.
AB771-ASA2,10 20Section 10. 66.0104 (2) (e) 1. of the statutes is amended to read:
AB771-ASA2,5,2421 66.0104 (2) (e) 1. Requires that a rental property or rental unit be inspected
22except upon a complaint by any person, as part of a program of regularly scheduled
23inspections conducted in compliance with under subd. 1m., under s. 66.0119, as
24applicable,
or as required under state or federal law.
AB771-ASA2,11 25Section 11. 66.0104 (2) (e) 1m. of the statutes is created to read:
AB771-ASA2,7,9
166.0104 (2) (e) 1m. A city, village, town, or county may establish a rental
2property inspection program under this subdivision. Under the program, the
3governing body of the city, village, town, or county may designate districts in which
4there is evidence of blight, high rates of building code complaints or violations,
5deteriorating property values, or increases in single-family home conversions to
6rental units. A city, village, town, or county may require that a rental property or
7rental unit located in a district designated under this subdivision be initially
8inspected and periodically inspected. If no habitability violation is discovered during
9a program inspection or if a habitability violation is discovered during a program
10inspection and the violation is corrected within a period of not less than 30 days
11established by the city, village, town, or county, the city, village, town, or county may
12not perform a program inspection of the property for at least 5 years. If a habitability
13violation is discovered during a program inspection and the violation is not corrected
14within the period established by the city, village, town, or county, the city, village,
15town, or county may require the rental property or unit to be inspected annually
16under the program. If a habitability violation is discovered during an inspection
17conducted upon a complaint and the violation is not corrected within a period of not
18less than 30 days established by the city, village, town, or county, the city, village,
19town, or county may require the rental property or unit to be inspected annually
20under the program. If, at a rental property or unit subject to annual program
21inspections, no habitability violation is discovered during 2 consecutive annual
22program inspections, the city, village, town, or county, except as provided in this
23subdivision, may not perform a program inspection of the property for at least 5
24years. No rental property or unit that is less than 8 years old may be inspected under
25this subdivision. A city, village, town, or county may provide a period of less than 30

1days for the correction of a habitability violation under this subdivision if the
2violation exposes a tenant to imminent danger. A city, village, town, or county shall
3provide an extension to the period for correction of a habitability violation upon a
4showing of good cause. A city, village, town, or county shall provide in a notice of a
5habitability violation an explanation of the violation including a specification of the
6violation and the exact location of the violation. No inspection of a rental unit may
7be conducted under this subdivision if the occupant of the unit does not consent to
8allow access unless the inspection is under a special inspection warrant under s.
966.0119.
AB771-ASA2,12 10Section 12. 66.0104 (2) (e) 2. a. of the statutes is amended to read:
AB771-ASA2,8,511 66.0104 (2) (e) 2. a. The amount of the fee is uniform for residential rental
12inspections
does not exceed $75 for an inspection of a vacant unit under subd. 1m.
13or an inspection of the exterior and common areas of a property under subd. 1m., $90
14for any other initial program inspection under subd. 1m., or $150 for any other 2nd
15or subsequent program inspection under subd. 1m. No fee may be charged for a
16program inspection under subd. 1m. if no habitability violation is discovered during
17the inspection or, if a violation is discovered during the inspection, the violation is
18corrected within the period established by the city, village, town, or county under
19subd. 1m. No fee may be charged for an inspection of the exterior and common areas
20if the property owner voluntarily allows access for the inspection and no habitability
21violation is discovered during the inspection or, if a violation is discovered during the
22inspection, the violation is corrected within the period established by the city, village,
23town, or county under subd. 1m. No fee may be charged for a reinspection after a
24habitability violation. No fee may be charged to a property owner if a program
25inspection does not occur because an occupant of the property does not allow access

1to the property. Annually, a city, village, town, or county may increase the fee
2amounts under this subd. 2. a. by not more than the percentage change in the U.S.
3consumer price index for all urban consumers, U.S. city average, as determined by
4the federal department of labor, for the previous year or 2 percent, whichever is
5greater
.
AB771-ASA2,13 6Section 13. 66.0104 (2) (e) 2. am. of the statutes is created to read:
AB771-ASA2,8,167 66.0104 (2) (e) 2. am. The amount of the fee does not exceed $150 for an
8inspection under s. 66.0119, except that if a habitability violation is discovered
9during the inspection and the violation is not corrected within a period of not less
10than 30 days established by the city, village, town, or county, the fee may not exceed
11$300. No fee may be charged for an inspection under s. 66.0119 if no habitability
12violation is discovered. Annually, a city, village, town, or county may increase the fee
13amounts under this subd. 2. am. by not more than the percentage change in the U.S.
14consumer price index for all urban consumers, U.S. city average, as determined by
15the federal department of labor, for the previous year or 2 percent, whichever is
16greater.
AB771-ASA2,14 17Section 14. 66.0104 (2) (e) 4. of the statutes is amended to read:
AB771-ASA2,9,818 66.0104 (2) (e) 4. Except as provided in this subdivision, requires that a rental
19property or rental unit be certified, registered, or licensed or requires that a
20residential rental property owner register or obtain a certification or license related
21to owning or managing the residential rental property
. A city, village, town, or county
22may require that a rental unit or residential rental property owner be registered if
23the registration consists requires only of providing the one name of the an owner and
24an
or authorized contact person and an address and, telephone number, and, if
25available, an electronic mail address or other information necessary to receive

1communications by other electronic means
at which the contact person may be
2contacted. No city, village, town, or county, except a 1st class city, may charge a fee
3for registration under this subdivision except a one-time registration fee that
4reflects the actual costs of operating a registration program, but that does not exceed
5$10 per building, and a one-time fee for the registration of a change of ownership or
6management of a building or change of contact information for a building that
7reflects the actual and direct costs of registration, but that does not exceed $10 per
8building.
AB771-ASA2,15 9Section 15. 66.0104 (2) (g) of the statutes is repealed.
AB771-ASA2,16 10Section 16. 66.0104 (2m) of the statutes is created to read:
AB771-ASA2,9,1711 66.0104 (2m) If a city, village, town, or county has in effect an ordinance that
12authorizes the inspection of a rental property or rental unit upon a complaint from
13an inspector or other employee or elected official of the city, village, town, or county,
14the city, village, town, or county shall maintain for each inspection performed upon
15a complaint from an employee or official a record of the name of the person making
16the complaint, the nature of the complaint, and any inspection conducted upon the
17complaint.
AB771-ASA2,17 18Section 17. 66.0104 (3) (c) of the statutes is amended to read:
AB771-ASA2,9,2119 66.0104 (3) (c) If a city, village, town, or county has in effect on March 2, 2016,
20an ordinance that is inconsistent with sub. (2) (e), or (f), or (g), the ordinance does not
21apply and may not be enforced.
AB771-ASA2,18 22Section 18. 66.0602 (2m) (b) 2. of the statutes is amended to read:
AB771-ASA2,9,2523 66.0602 (2m) (b) 2. Except as provided in subd. 4., if a political subdivision
24receives revenues that are designated to pay for a covered service that was funded
25in 2013 by the levy of the political subdivision, the political subdivision shall reduce

1its levy limit in the current year by an amount equal to the estimated amount of fee
2revenue collected for providing the covered service, less any previous reductions
3made under this subdivision, not to exceed the amount funded in 2013 by the levy
4of the political subdivision
.
AB771-ASA2,19 5Section 19. 66.0602 (2m) (b) 3. of the statutes is amended to read:
AB771-ASA2,10,126 66.0602 (2m) (b) 3. Except as provided in subd. 4., if a political subdivision
7receives payments in lieu of taxes that are designated to pay for a covered service that
8was funded in 2013 by the levy of the political subdivision, the political subdivision
9shall reduce its levy limit in the current year by the estimated amount of payments
10in lieu of taxes received by the political subdivision to pay for the covered service, less
11any previous reductions made under this subdivision, not to exceed the amount
12funded in 2013 by the levy of the political subdivision
.
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