This bill specifies that a political subdivision may not impose a fee or charge
related to the political subdivision enforcing an ordinance related to building or
property maintenance standards unless the political subdivision first notifies, by
first class mail or e-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.
Municipal dwelling inspection
The bill prohibits a city, village, or town from enacting or enforcing an ordinance
or otherwise imposing a 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. The bill
defines “aesthetic considerations” to include considerations relating to color and
texture and design considerations that do not relate to health or safety.
Public utility service to rental dwelling units
The bill requires a public utility that provides electric service to a tenant
residing in a rental dwelling unit to notify the owner of the unit no later than five
days before disconnecting service based on nonpayment by the tenant, but only if the
owner has requested the public utility to make the notification. In addition, the bill
allows a public utility to provide information about a tenant's past due charges to the
owner by telephone. The bill also prohibits a public utility that provides any type of
service to 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 service to the unit.
Municipal utility arrearage collection
Current law provides certain procedures for the collection of municipal utility
charges that are in arrears. Under one procedure, if a municipal utility provides
utility service to a property and payment for the service is in arrears, the utility has
a lien on the property and may have arrearages inserted as a tax on the property.
In addition, if the municipal utility uses the arrearage collection procedure for a
property that is a rental dwelling unit and provides a notice of arrearage to the
owner, the municipality has a lien on the property of a tenant who is responsible for
the arrearage. Also under current law, a municipal utility must send bills for water
or electric service to a customer who is a tenant in the tenant's own name.
Under this bill, a municipal utility may make use of the procedures described
above only if the utility is in compliance with the requirement that it send bills for
water or electric service to a tenant in the tenant's own name.
Levy limits
Generally, under current law, local levy limits are applied to the property tax
levies that are imposed by political subdivisions in December of each year. Current
law prohibits a political subdivision from increasing its levy by a percentage that
exceeds its “valuation factor,” which is defined as the greater of either 0 percent or
the percentage change in the political subdivision's equalized value due to new
construction, less improvements removed.
Also under current law, a political subdivision must reduce its allowable levy
by the estimated amount of any revenue from fees or payments in lieu of taxes if the
revenue is received for providing certain “covered services” that were funded with
property tax revenues in calendar year 2013. The “covered services” are garbage
collection, fire protection, snow plowing, street sweeping, and storm water
management, except garbage collection by a political subdivision that owned and
operated a landfill on January 1, 2013.
This bill eliminates the levy limit reduction exception for garbage collection by
a political subdivision that owned and operated a landfill on January 1, 2013. Also
under this bill, the amount by which a political subdivision must reduce its levy
under this provision is limited to the amount expended in 2013 from the levy of the
political subdivision for providing the covered service.
Procedural changes in eviction actions
This bill makes certain changes to the requirements for filing and pleading an
action for eviction and to the defenses and remedies available in an eviction action.
Court records
Under current law, the director of state courts maintains the consolidated court
automation program website, which is an internet site that is the statewide
electronic circuit court case management system. The director of state courts has
discretion regarding what information is available through the CCAP website.
Under the bill, the director of state courts may not remove case management
information from CCAP for any civil case that is not a closed, confidential, or sealed
case for a period of at least ten years after the date that final judgment was entered
in the case.
Service or assistance animals; emotional support animals
Under the state open housing law, various forms and types of discrimination in
housing are prohibited, including discrimination against persons with disabilities.
In addition, the open housing law contains a provision that specifically addresses
individuals whose vision, hearing, or mobility is impaired and who keep an animal
specially trained to lead or assist the individual.
The bill repeals this provision and replaces it with provisions that address 1)
animals that are individually trained to do work or perform tasks for persons with
disabilities and 2) emotional support animals, which are defined in the bill as
animals that provide emotional support, well-being, comfort, or companionship but
that are not trained to perform tasks for the benefit of persons with disabilities.
Subject to certain exceptions, the bill provides that it is discrimination in housing to
deny housing to an individual with a disability who keeps either type of animal.
However, the bill provides that a person seeking to keep an animal that is
individually trained to do work or perform tasks for a person with a disability may
be requested to provide documentation of his or her disability and disability-related
need for the animal, unless such disability or need is already known or apparent. The
bill also provides that a person seeking to keep an emotional support animal may be
requested to provide documentation, from a state-licensed health professional
acting within his or her scope of practice, of his or her disability and
disability-related need for the animal. Finally, the bill includes forfeiture penalties
for a person who misrepresents having a disability or a disability-related need for
an emotional support animal in order to obtain housing, and for a licensed health
professional who makes such misrepresentations regarding his or her patient.
Municipal administrative review
Current law provides a procedure by which a person who is adversely affected
by an administrative determination made by a municipality may have review of the
determination. This bill provides that if a 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 must refund any fee paid to it by the
appellant as a condition of filing the appeal.
Enforcement of rental unit energy efficiency program
The 2017-19 budget act,
2017 Wisconsin Act 59, eliminated the rental unit
energy efficiency program effective January 1, 2018. Under the program, the
Department of Safety and Professional Services established a code of minimum
energy efficiency standards for rental units. Also under the program, an owner of
a rental unit, before transferring an ownership interest in the unit, was required do
one of the following:
1. Have the unit inspected by a certified inspector who issues a certificate
stating that the unit meets the minimum energy efficiency standards.
2. If the unit is scheduled for demolition within two years, obtain a waiver of
the certification requirement from DSPS or a certified inspector.
3. Obtain a stipulation between the transferee of the unit and DSPS or the city,
village, or town in which the unit is located stating that the transferee will bring the
unit into compliance with the minimum energy efficiency standards no later than
one year after the date of the transfer.
This bill provides that, effective on the program elimination date, 1) an order
related to the program issued by DSPS before that date is void and unenforceable;
2) DSPS may not take any enforcement action related to a violation of the program
that occurs before that date; and 3) a stipulation or waiver related to the program
entered into before that date is void and unenforceable.
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.
AB771,10,126
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.