Amendment ASA1-AB617

LRBs0383/1

MES:wlj:ch

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 617

March 6, 2012 - Offered by Representative Rivard.

AB617-ASA1,1,4 An Act to amend 254.61 (3); and to create 66.1014, 254.61 (1) (g), 254.61 (4f), 254.61 (4m) and 254.61 (6) (d) of the statutes; relating to: restricting a local government's ability to prohibit or restrict a person from renting out the person's residential dwelling.

Analysis by the Legislative Reference Bureau

This substitute amendment prohibits a political subdivision (any city, village, town, or county) from enacting or enforcing an ordinance that prohibits, or unreasonably restricts, a person from renting out the person's residential dwelling for seven consecutive days or longer. The substitute amendment defines "residential dwelling" as any building or structure, or part thereof, that is primarily used and occupied for human habitation or intended to be so used. If any political subdivision has such an ordinance in effect on the effective date of the substitute amendment, the ordinance does not apply and may not be enforced.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB617-ASA1, s. 1 Section 1. 66.1014 of the statutes is created to read:

AB617-ASA1,2,2 66.1014 Limits on residential dwelling rental prohibited. (1) In this section:

AB617-ASA1,2,3 (a) "Political subdivision" means any city, village, town, or county.

AB617-ASA1,2,7 (b) "Residential dwelling" means any building, structure, or part of the building or structure, that is primarily used and occupied for human habitation or intended to be so used and includes any appurtenances belonging to it or usually enjoyed with it.

AB617-ASA1,2,10 (2) (a) A political subdivision may not enact or enforce an ordinance that prohibits, or unreasonably restricts, a person from renting out the person's residential dwelling for 7 consecutive days or longer.

AB617-ASA1,2,13 (b) If a political subdivision has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with par. (a), the ordinance does not apply and may not be enforced.

AB617-ASA1,2,14 (End)