Amendment SSA2-SB445

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 445

January 29, 2016 - Offered by Senator Lasee.

SB445-SSA2,2,6 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), 60.64 (2), 62.23 (7) (em) 2., 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:

SB445-SSA2,1 Section 1. 20.505 (7) (h) of the statutes is amended to read:

SB445-SSA2,2,11 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).

SB445-SSA2,2 Section 2. 59.69 (4m) of the statutes is renumbered 59.69 (4m) (a) and amended to read:

SB445-SSA2,2,23 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 par. (b), 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.

SB445-SSA2,3 Section 3. 59.69 (4m) (b) of the statutes is created to read:

SB445-SSA2,3,7 59.69 (4m) (b) 1. a. If a county proposes to designate a place, structure, or object as a historic landmark or to establish a historic district that includes the place, structure, or object, the county shall notify the owner of the place, structure, or object of the determination and provide a form by which the owner may vote for or against the designation or inclusion. The county shall allow not less than 60 days following the notice for an owner to provide his or her vote.

SB445-SSA2,3,15 b. In the case of a proposed historic landmark designation, if the owner of the place, structure, or object has not voted against the establishment of the landmark within 60 days after the county has provided the notice under subd. 1. a., the county may designate the place, structure, or object as proposed. In the case of a proposed historic district establishment, if a majority of the owners of principal structures, counting one vote per principal structure, who have cast votes within 60 days after the county has provided the notice under subd. 1. a. have voted in favor of the establishment of the district, the county may establish the district as proposed.

SB445-SSA2,3,24 c. Except as provided in this paragraph, if a county proposed under subd. 1. a. to designate a place, structure, or object as a historic landmark or to establish a historic district that includes the place, structure, or object and the designation or establishment was not authorized under subd. 1. b., the county may not require or prohibit any action by an owner of the place, structure, or object related to the preservation of special character, historic or aesthetic interest, or any other significant value of the place, structure, or object without the consent of the owner. This subdivision does not affect the terms of any agreement between the owner of a place, structure, or object and the county.

SB445-SSA2,4,4 d. If the county is not authorized to designate a historic landmark or establish a historical district under subd. 1. b., the county may not propose the designation of the same historic landmark or establishment of the same historic district for one year.

SB445-SSA2,4,7 2. If, under subd. 1., a place, structure, or object is designated a historic landmark or included within a historic district, the designation or inclusion of the place, structure, or object may not be terminated without the consent of the county.

SB445-SSA2,4,12 3. If any person has received a tax credit related to historic preservation of the place, structure, or object or if the place, structure, or object is listed in the national register of historic places in Wisconsin or the state register of historic places, a vote by the owner of the place, structure, or object against designation or establishment may not be counted under subd. 1. b.

SB445-SSA2,4 Section 4. 60.64 of the statutes is renumbered 60.64 (1) and amended to read:

SB445-SSA2,4,23 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 sub. (2), 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.

SB445-SSA2,5 Section 5. 60.64 (2) of the statutes is created to read:

SB445-SSA2,5,6 60.64 (2) (a) 1. If a town board proposes to designate a place, structure, or object as a historic landmark or to establish a historic district that includes the place, structure, or object, the town board shall notify the owner of the place, structure, or object of the determination and provide a form by which the owner may vote for or against the designation or inclusion. The town board shall allow not less than 60 days following the notice for an owner to provide his or her vote.

SB445-SSA2,5,15 2. In the case of a proposed historic landmark designation, if the owner of the place, structure, or object has not voted against the establishment of the landmark within 60 days after the town board has provided the notice under subd. 1., the town board may designate the place, structure, or object as proposed. In the case of a proposed historic district establishment, if a majority of the owners of principal structures, counting one vote per principal structure, who have cast votes within 60 days after the town board has provided the notice under subd. 1. have voted in favor of the establishment of the district, the town board may establish the district as proposed.

SB445-SSA2,5,24 3. Except as provided in this subsection, if a town board proposed under subd. 1. to designate a place, structure, or object as a historic landmark or to establish a historic district that includes the place, structure, or object and the designation or establishment was not authorized under subd. 2., the town board may not require or prohibit any action by an owner of the place, structure, or object related to the preservation of special character, historic or aesthetic interest, or any other significant value of the place, structure, or object without the consent of the owner. This paragraph does not affect the terms of any agreement between the owner of a place, structure, or object and the town board.

SB445-SSA2,6,4 4. If the town board is not authorized to designate a historic landmark or establish a historical district under subd. 2., the town board may not propose the designation of the same historic landmark or establishment of the same historic district for one year.

SB445-SSA2,6,7 (b) If, under par. (a), a place, structure, or object is designated a historic landmark or included within a historic district, the designation or inclusion of the place, structure, or object may not be terminated without the consent of the town.

SB445-SSA2,6,12 (c) If any person has received a tax credit related to historic preservation of the place, structure, or object or if the place, structure, or object is listed in the national register of historic places in Wisconsin or the state register of historic places, a vote by the owner of the place, structure, or object against designation or establishment may not be counted under par. (a) 2.

SB445-SSA2,6 Section 6. 62.23 (7) (em) of the statutes is renumbered 62.23 (7) (em) 1. and amended to read:

SB445-SSA2,7,4 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 subd. 2., 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.

SB445-SSA2,7 Section 7. 62.23 (7) (em) 2. of the statutes is created to read:

SB445-SSA2,8,3 62.23 (7) (em) 2. a. If a city proposes to designate a place, structure, or object as a historic landmark or to establish a historic district that includes the place, structure, or object, the city shall notify the owner of the place, structure, or object of the determination and provide a form by which the owner may vote for or against the designation or inclusion. The city shall allow not less than 60 days following the notice for an owner to provide his or her vote. In the case of a proposed historic landmark designation, if the owner of the place, structure, or object has not voted against the establishment of the landmark within 60 days after the city has provided the notice under this subd. 2. a., the place, structure, or object may be designated as proposed. In the case of a proposed historic district establishment, if a majority of the owners of principal structures, counting one vote per principal structure, who have cast votes within 60 days after the city has provided the notice under this subd. 2. a. have voted in favor of the establishment of the district, the district may be established as proposed. Except as provided in this subdivision, if the city is not permitted to designate a landmark or establish a district under this subd. 2. a., the city may not require or prohibit any action by an owner of the place, structure, or object related to the preservation of special character, historic or aesthetic interest, or any other significant value of the place, structure, or object without the consent of the owner. This subdivision does not affect the terms of any agreement between the owner of a place, structure, or object and the city. If the city is not permitted to designate a landmark or establish a district under this subd. 2. a., the city may not propose the designation of the same historic landmark or establishment of the same historic district for one year.

SB445-SSA2,8,6 b. If, under subd. 2. a., a place, structure, or object is designated a historic landmark or included within a historic district, the designation or inclusion of the place, structure, or object may not be terminated without the consent of the city.

SB445-SSA2,8,11 c. If any person has received a tax credit related to historic preservation of the place, structure, or object or if the place, structure, or object is listed in the national register of historic places in Wisconsin or the state register of historic places, a vote by the owner of the place, structure, or object against designation or establishment may not be counted under subd. 2. a.

SB445-SSA2,8 Section 8. 66.0104 (2) (e) of the statutes is created to read:

SB445-SSA2,8,14 66.0104 (2) (e) No city, village, town, or county may enact an ordinance that does any of the following:

SB445-SSA2,8,18 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.

SB445-SSA2,8,20 2. Charges a fee for conducting an inspection of a residential rental property unless all of the following are satisfied:

SB445-SSA2,8,21 a. The amount of the fee is uniform for residential rental inspections.

SB445-SSA2,8,22 b. The fee is charged at the time that the inspection is actually performed.

SB445-SSA2,8,24 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.

SB445-SSA2,9,5 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.

SB445-SSA2,9 Section 9. 66.0104 (2) (f) of the statutes is created to read:

SB445-SSA2,9,8 66.0104 (2) (f) No city, village, town, or county may impose an occupancy or transfer of tenancy fee on a rental unit.

SB445-SSA2,10 Section 10. 66.0104 (2) (g) of the statutes is created to read:

SB445-SSA2,9,13 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.

SB445-SSA2,9,16 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.

SB445-SSA2,9,20 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.

SB445-SSA2,11 Section 11. 66.0104 (3) (c) of the statutes is created to read:

SB445-SSA2,9,24 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.

SB445-SSA2,12 Section 12. 66.0809 (9) of the statutes is amended to read:

SB445-SSA2,10,5 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.

SB445-SSA2,13 Section 13. 66.1019 (3) (a) of the statutes is renumbered 66.1019 (3) and amended to read:

SB445-SSA2,10,11 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).

SB445-SSA2,14 Section 14. 66.1019 (3) (b) of the statutes is repealed.

SB445-SSA2,15 Section 15. 101.02 (7m) of the statutes is amended to read:

SB445-SSA2,10,25 101.02 (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.

SB445-SSA2,16 Section 16. 101.975 (3) of the statutes is repealed.

SB445-SSA2,17 Section 17. 175.403 of the statutes is created to read:

SB445-SSA2,11,3 175.403 Trespassing; arrest and removal. (1) In this section:

SB445-SSA2,11,4 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

SB445-SSA2,11,5 (b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB445-SSA2,11,9 (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.

SB445-SSA2,18 Section 18. 349.13 (3m) (dr) 2. of the statutes is amended to read:

SB445-SSA2,11,17 349.13 (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.

SB445-SSA2,19 Section 19. 349.13 (3m) (e) 1. of the statutes is amended to read:

SB445-SSA2,11,20 349.13 (3m) (e) 1. Reasonable charges for removal and storage of vehicles under this subsection when no citation has been issued.

SB445-SSA2,20 Section 20. 349.13 (3m) (e) 3. of the statutes is amended to read:

SB445-SSA2,11,23 349.13 (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.

SB445-SSA2,21 Section 21. 704.055 of the statutes is created to read:

SB445-SSA2,12,4 704.055 Disposition of personalty left by trespasser. (1) Definition. In this section, "trespasser" means a person who is not a tenant and who enters or remains in residential rental property without the consent of the landlord or another person lawfully on the property.

SB445-SSA2,12,13 (2) At the landlord's discretion. (a) If a trespasser is removed or otherwise removes from residential rental property and leaves personal property, the landlord shall hold the personal property for 7 days from the date on which the landlord discovers the personal property. After that time, the landlord may presume that the trespasser has abandoned the personal property and may dispose of the personal property in any manner that the landlord, in the landlord's sole discretion, determines is appropriate but shall promptly return the personal property to the trespasser if the landlord receives a request for its return before the landlord disposes of it.

SB445-SSA2,12,18 (b) If the landlord disposes of the abandoned personal property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and, if the landlord has first stored the personal property, minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (h).

SB445-SSA2,13,2 (3) Rights of 3rd persons. The landlord's power to dispose as provided by this section applies to any personal property left on the landlord's property by the trespasser, whether owned by the trespasser or by others. The power to dispose under this section applies notwithstanding any rights of others existing under any claim of ownership or security interest. The trespasser, other owner, or any secured party has the right to redeem the personal property at any time before the landlord has disposed of it or entered into a contract for its disposition by payment of any expenses that the landlord has incurred with respect to the disposition of the personal property.

SB445-SSA2,22 Section 22. 704.17 (1) (b) of the statutes is renumbered 704.17 (1) (b) (intro.) and amended to read:

SB445-SSA2,13,8 704.17 (1) (b) (intro.) If a month-to-month tenant commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's agreement, other than for payment of rent, the tenancy can be terminated if the landlord gives any of the following applies:

SB445-SSA2,13,10 2. The landlord gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,23 Section 23. 704.17 (1) (b) 1. of the statutes is created to read:

SB445-SSA2,13,23 704.17 (1) (b) 1. The landlord gives the tenant a notice that requires the tenant to either remedy the default or vacate the premises no later than a date at least 5 days after the giving of the notice, and the tenant fails to comply with the notice. A tenant is considered to be complying with the notice if promptly upon receipt of the notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach. If, within one year from receiving a notice under this subdivision, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant's rental agreement, other than for payment of rent, the tenant's tenancy is terminated if the landlord gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,24 Section 24. 704.17 (2) (b) of the statutes is amended to read:

SB445-SSA2,14,16 704.17 (2) (b) If a tenant under a lease for a term of one year or less, or a year-to-year tenant, commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice requiring the tenant to remedy the default or vacate the premises on or before a date at least 5 days after the giving of the notice, and if the tenant fails to comply with such notice. A tenant is deemed to be complying with the notice if promptly upon receipt of such notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach. If within one year from the giving of any such notice, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord, prior to the tenant's remedying the waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,25 Section 25. 704.17 (3m) of the statutes is created to read:

SB445-SSA2,14,18 704.17 (3m) Criminal activity. (a) In this subsection:

SB445-SSA2,14,19 1. "Controlled substance" has the meaning given in s. 961.01 (4).

SB445-SSA2,15,2 2. "Drug-related criminal activity" means criminal activity that involves the manufacture or distribution of a controlled substance. "Drug-related criminal activity" does not include the manufacture, possession, or use of a controlled substance that is prescribed by a physician for the use of a disabled person, as defined in s. 100.264 (1) (a), and that is manufactured by, used by, or in the possession of the disabled person or in the possession of the disabled person's personal care worker or other caregiver.