AB771: Bill Text

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 Section 1. 59.69 (4m) (a) of the statutes is amended to read:

AB771,6,11 59.69 (4m) (a) Subject to par. pars. (b) and (bm), 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. Subject to pars. (b), (bm), and (c), the county may create a landmarks commission to designate historic landmarks and establish historic districts. Subject to par. pars. (b) and (bm), 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.

AB771,2 Section 2. 59.69 (4m) (bm) of the statutes is created to read:

AB771,7,2 59.69 (4m) (bm) In the repair or replacement of a property that is designated as a historic landmark or included within a historic district or neighborhood conservation district under this subsection, a county shall permit an owner to use materials that an ordinary observer would perceive, when viewed from the centerline of an adjacent highway, as having a substantially similar appearance to the original material.

AB771,3 Section 3. 60.64 (1) of the statutes is amended to read:

AB771,7,13 60.64 (1) Subject to sub. subs. (2) and (2m), 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. Subject to subs. (2), (2m), and (3), the town board may create a landmarks commission to designate historic landmarks and establish historic districts. Subject to sub. subs. (2) and (2m), 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.

AB771,4 Section 4. 60.64 (2m) of the statutes is created to read:

AB771,7,19 60.64 (2m) In the repair or replacement of a property that is designated as a historic landmark or included within a historic district or neighborhood conservation district under this section, the town board shall allow an owner to use materials that an ordinary observer would perceive, when viewed from the centerline of an adjacent highway, as having a substantially similar appearance to the original material.

AB771,5 Section 5. 62.23 (7) (em) 1. of the statutes is amended to read:

AB771,8,10 62.23 (7) (em) 1. Subject to subd. subds. 2. and 2m., 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. Subject to subds. 2., 2m., and 3., a city may create a landmarks commission to designate historic or archaeological landmarks and establish historic districts. Subject to subd. subds. 2. and 2m., 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.

AB771,6 Section 6. 62.23 (7) (em) 2m. of the statutes is created to read:

AB771,8,17 62.23 (7) (em) 2m. In the repair or replacement of a property that is designated as a historic landmark or included within a historic district or neighborhood conservation district under this paragraph, a city shall allow an owner to use materials that an ordinary observer would perceive, when viewed from the centerline of an adjacent highway, as having a substantially similar appearance to the original material.

AB771,7 Section 7. 66.0104 (2) (d) 2. c. of the statutes is repealed.

AB771,8 Section 8. 66.0104 (2) (e) 1. of the statutes is amended to read:

AB771,8,23 66.0104 (2) (e) 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 under s. 66.0119, as applicable, or as required under state or federal law.

AB771,9 Section 9. 66.0104 (2) (e) 2. am. of the statutes is created to read:

AB771,9,2 66.0104 (2) (e) 2. am. The amount of the fee does not exceed the actual and direct cost of performing the inspection.

AB771,10 Section 10 . 66.0104 (2) (e) 4. of the statutes is amended to read:

AB771,9,15 66.0104 (2) (e) 4. Except as provided in this subdivision, requires that a rental property or rental unit be certified, registered, or licensed or requires that a residential rental property owner register or obtain a certification or license related to owning or managing the residential rental property. A city, village, town, or county may require that a rental unit or residential rental property owner be registered if the registration consists only of providing the one name of the an owner and an or authorized contact person and an address and, telephone number, and, if available, an electronic mail address or other information necessary to receive communications by other electronic means at which the contact person may be contacted. No city, village, town, or county, except a 1st class city, may charge a fee for registration under this subdivision. No fee charged for registration under this subdivision may exceed the reasonable and direct cost of operating a registration program.

AB771,11 Section 11 . 66.0104 (2) (g) of the statutes is repealed.

AB771,12 Section 12. 66.0104 (2m) of the statutes is created to read:

AB771,9,24 66.0104 (2m) If a city, village, town, or county has in effect an ordinance that authorizes the inspection of a rental property or rental unit upon a complaint from an inspector or other employee or elected official of the city, village, town, or county, the city, village, town, or county shall maintain for each inspection performed upon a complaint from an employee or official a record of the name of the person making the complaint, the nature of the complaint, and any inspection conducted upon the complaint.

AB771,13 Section 13 . 66.0104 (3) (c) of the statutes is amended to read:

AB771,10,3 66.0104 (3) (c) If a city, village, town, or county has in effect on March 2, 2016, an ordinance that is inconsistent with sub. (2) (e), or (f), or (g), the ordinance does not apply and may not be enforced.

AB771,14 Section 14. 66.0602 (2m) (b) 1. of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB771,10,12 66.0602 (2m) (b) 1. In this paragraph, “covered service" means garbage collection, fire protection, snow plowing, street sweeping, or storm water management, except that garbage collection may not be a covered service for any political subdivision that owned and operated a landfill on January 1, 2013. With regard to fire protection, “covered service” does not include the production, storage, transmission, sale and delivery, or furnishing of water for public fire protection purposes.

AB771,15 Section 15 . 66.0602 (2m) (b) 2. of the statutes is amended to read:

AB771,10,20 66.0602 (2m) (b) 2. Except as provided in subd. 4., if a political subdivision receives revenues that are designated to pay for a covered service that was funded in 2013 by the levy of the political subdivision, the political subdivision shall reduce its levy limit in the current year by an amount equal to the estimated amount of fee revenue collected for providing the covered service, less any previous reductions made under this subdivision, not to exceed the amount funded in 2013 by the levy of the political subdivision.

AB771,16 Section 16 . 66.0602 (2m) (b) 3. of the statutes is amended to read:

AB771,11,3 66.0602 (2m) (b) 3. Except as provided in subd. 4., if a political subdivision receives payments in lieu of taxes that are designated to pay for a covered service that was funded in 2013 by the levy of the political subdivision, the political subdivision shall reduce its levy limit in the current year by the estimated amount of payments in lieu of taxes received by the political subdivision to pay for the covered service, less any previous reductions made under this subdivision, not to exceed the amount funded in 2013 by the levy of the political subdivision.

AB771,17 Section 17 . 66.0628 (2m) of the statutes is created to read:

AB771,11,12 66.0628 (2m) A political subdivision may not impose a fee or charge related to the political subdivision enforcing an ordinance related to noxious weeds, electronic waste, or other building or property maintenance standards unless the political subdivision first notifies, by 1st class mail, or if the person against whom the fee or charge is to be imposed has provided an electronic mail address or information necessary to receive communications by other electronic means, by electronic mail or other electronic means, the person against whom the fee or charge is to be imposed that the fee or charge may be imposed.

AB771,18 Section 18 . 66.0809 (3m) (a) of the statutes is amended to read:

AB771,11,20 66.0809 (3m) (a) If sub. (5) applies, the municipal utility is complying with sub. (5) (am) 1., and a notice of arrears under sub. (3) (a) is given or past-due charges are certified to the comptroller under s. 62.69 (2) (f), on the date the notice of arrears is given, or the past-due charges are certified under s. 62.69 (2) (f), the municipality has a lien upon the assets of each tenant of a rental dwelling unit who is responsible for arrears in the amount of the arrears, including any penalty assessed pursuant to the rules of the utility.

AB771,19 Section 19 . 66.0809 (5) (am) of the statutes is renumbered 66.0809 (5) (am) 1. and amended to read:

AB771,11,24 66.0809 (5) (am) 1. A municipal public utility shall send bills for water or electric service to a customer who is a tenant in the tenant's own name.

AB771,12,8 2. If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the municipal public utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until notice has been provided under sub. (3) (a) or the past-due charges have been certified to the comptroller under s. 62.69 (2) (f).

AB771,20 Section 20 . 66.0809 (5) (b) of the statutes is amended to read:

AB771,12,16 66.0809 (5) (b) A municipal public utility may use sub. (3) or, if s. 62.69 applies, s. 62.69 (2) (f), to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with written notice under par. (a) if the municipal public utility is complying with par. (am) 1. and serves notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. The municipal public utility shall serve notice in the manner provided in s. 801.14 (2).

AB771,21 Section 21 . 66.0821 (4) (a) of the statutes is amended to read:

AB771,13,5 66.0821 (4) (a) The governing body of the municipality may establish sewerage service charges in an amount to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, and depreciation of the sewerage system, and for the payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the general fund of the municipality. Service charges made by a metropolitan sewerage district to any town, village, or city shall be levied by the town, village, or city against the individual sewer system users within the corporate limits of the municipality, and the municipality shall collect the charges and promptly remit them to the metropolitan sewerage district. Delinquent charges shall be collected in accordance with sub. (4) (d). The governing body of a municipality may not establish any charge under this paragraph that is not related to providing sewerage service.

AB771,22 Section 22 . 68.125 of the statutes is created to read:

AB771,13,10 68.125 Refund of fees. If in an administrative appeal under s. 68.10, the municipal authority's order is overturned or the municipal authority withdraws the order that was the subject of the appeal, the municipality and municipal authority shall refund any fee paid to it by the appellant as a condition of filing the appeal.

AB771,23 Section 23. 101.02 (7w) of the statutes is created to read:

AB771,13,14 101.02 (7w) (a) In this subsection, “aesthetic considerations” include considerations relating to color and texture and design considerations that do not relate to health or safety.

AB771,13,19 (b) Notwithstanding subs. (7) (a) and (7r), no city, village, or town may enact or enforce an ordinance, or otherwise impose any requirement, that includes aesthetic considerations for purposes of inspection criteria for the interior of any structure or part of a structure that is used or intended to be used as a home, residence, or sleeping place.

AB771,24 Section 24 . 101.132 (2) (a) (intro.) of the statutes is amended to read:

AB771,13,24 101.132 (2) (a) Design and construction of covered multifamily housing. (intro.) In addition to discrimination prohibited under s. 106.50 (2), (2m) and (2r) (b), (bg), and (bm) (br), no person may design or construct covered multifamily housing unless it meets all of the following standards:

AB771,25 Section 25 . 106.50 (1m) (im) of the statutes is created to read:

AB771,14,3 106.50 (1m) (im) “Emotional support animal” means an animal that provides emotional support, well-being, comfort, or companionship for an individual but that is not trained to perform tasks for the benefit of an individual with a disability.

AB771,26 Section 26 . 106.50 (1m) (mx) of the statutes is created to read:

AB771,14,7 106.50 (1m) (mx) “Licensed health professional” means a physician, psychologist, social worker, or other health professional who satisfies all of the following:

AB771,14,8 1. He or she is licensed or certified in this state.

AB771,14,9 2. He or she is acting within the scope of his or her license or certification.

AB771,27 Section 27 . 106.50 (2r) (bg) and (br) of the statutes are created to read:

AB771,14,17 106.50 (2r) (bg) Animals that do work or perform tasks for individuals with disabilities. 1. If an individual has a disability and a disability-related need for an animal that is individually trained to do work or perform tasks for the individual, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal.

AB771,15,2 2. If an individual keeps or is seeking to keep an animal that is individually trained to do work or perform tasks in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the animal, unless the disability is readily apparent or known. If the disability is readily apparent or known but the disability-related need for the animal is not, the individual may be requested to submit reliable documentation of the disability-related need for the animal.

AB771,15,5 3. An individual with a disability who keeps an animal that is individually trained to do work or perform tasks in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal.

AB771,15,8 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies:

AB771,15,10 a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide the documentation requested under subd 2.

AB771,15,13 b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative.

AB771,15,15 c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation.

AB771,15,18 d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation.

AB771,15,24 (br) Emotional support animals. 1. If an individual has a disability and a disability-related need for an emotional support animal, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal.

AB771,16,6 2. If an individual keeps or is seeking to keep an emotional support animal in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the emotional support animal from a licensed health professional.

AB771,16,9 3. An individual with a disability who keeps an emotional support animal in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal.

AB771,16,12 4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies:

AB771,16,14 a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide the documentation requested under subd 2.

AB771,16,17 b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative.

AB771,16,19 c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation.

AB771,16,22 d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation.

AB771,17,2 5. An individual shall forfeit not less than $500 if he or she, for the purpose of obtaining housing, intentionally misrepresents that he or she has a disability or misrepresents the need for an emotional support animal to assist with his or her disability.

AB771,17,6 6. A licensed health professional shall forfeit not less than $500 if he or she, for the purpose of allowing the patient to obtain housing, misrepresents that his or her patient has a disability or misrepresents his or her patient's need for an emotional support animal to assist with his or her patient's disability.

AB771,28 Section 28 . 106.50 (2r) (bm) of the statutes is repealed.

AB771,29 Section 29 . 106.50 (2r) (c) of the statutes is amended to read:

AB771,17,16 106.50 (2r) (c) Design and construction of covered multifamily housing. In addition to discrimination prohibited under pars. (b), (bg), and (bm) (br) and subs. (2) and (2m), no person may design or construct covered multifamily housing, as defined in s. 101.132 (1) (d), unless it meets the standards specified in s. 101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b) 1., 2. or 3., whichever is applicable.

AB771,30 Section 30. 175.403 (2) of the statutes is amended to read:

AB771,17,21 175.403 (2) Each By July 1, 2018, 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.

AB771,31 Section 31. 196.643 (title) of the statutes is amended to read:

AB771,17,24 196.643 (title) Owner responsibility for Public utility service to rental dwelling unit.

AB771,32 Section 32. 196.643 (3) of the statutes is created to read:

AB771,18,5 196.643 (3) Notifications; electric service. If requested by the owner of a rental dwelling unit, a public utility that provides electric service to a tenant residing in the unit shall notify the owner no later than 5 days before disconnecting service based on the tenant's nonpayment of past due charges. A public utility may provide information about a tenant's past due charges to the owner by telephone.

AB771,33 Section 33. 196.643 (4) of the statutes is created to read:

AB771,18,10 196.643 (4) Resumption of service. No public utility may require the owner of a rental dwelling unit to provide proof of eviction or other evidence that a tenant has vacated the unit as a condition for providing or resuming public utility service to the unit.

AB771,34 Section 34 . 704.07 (3) (a) of the statutes is renumbered 704.07 (3) (a) (intro.) and amended to read: