Amendment SSA1-SB388

SB388-SSA1,9 Section 9 . 13.099 (3) (d) of the statutes is created to read:

SB388-SSA1,9,12 13.099 (3) (d) Except as otherwise specified in par. (a), a housing impact analysis shall be prepared on the basis of a median-priced single-family residence but may include estimates for larger developments as an analysis of the long-term effect of the bill.

SB388-SSA1,10 Section 10. 59.692 (1k) (a) 2. of the statutes is renumbered 59.692 (1k) (a) 2. (intro.) and amended to read:

SB388-SSA1,9,19 59.692 (1k) (a) 2. (intro.) Except as provided in par. (b), requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of a any of the following if the activity does not expand the footprint of the structure:

SB388-SSA1,9,20 a. A nonconforming structure or a.

SB388-SSA1,9,23 b. A structure of which any part is legally located in the shoreland setback area by operation of a variance granted before July 13, 2015, if the activity does not expand the footprint of the structure.

SB388-SSA1,11 Section 11 . 59.692 (1k) (a) 2. c. of the statutes is created to read:

SB388-SSA1,10,2 59.692 (1k) (a) 2. c. A building or structure in violation of a county shoreland zoning ordinance that, under sub. (1t), may not be enforced.

SB388-SSA1,12 Section 12 . 66.0617 (7) of the statutes is amended to read:

SB388-SSA1,10,11 66.0617 (7) Low-cost, workforce housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no or workforce housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing or workforce housing is located or to any other land development in the municipality.

SB388-SSA1,13 Section 13. 66.10015 (2) (b) of the statutes is amended to read:

SB388-SSA1,10,19 66.10015 (2) (b) If a project requires more than one approval or approvals from more than one or more political subdivision subdivisions and the applicant identifies the full scope of the project at the time of filing the application for the first approval required for the project, the existing requirements applicable in each political subdivision at the time of filing the application for the first approval required for the project shall be applicable to all subsequent approvals required for the project, unless the applicant and the political subdivision agree otherwise.

SB388-SSA1,14 Section 14. 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

SB388-SSA1,11,2 66.1105 (2) (n) (intro.) “Affordable Workforce housing" means housing that costs a household no more than 30 percent of the household's gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5 year average median income and housing costs as calculated by the U.S. bureau of census in its American community survey:

SB388-SSA1,15 Section 15. 66.1105 (2) (f) 3. (intro.) of the statutes is amended to read:

SB388-SSA1,11,9 66.1105 (2) (f) 3. (intro.) Notwithstanding subd. 1., project costs may include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development only for any tax incremental district for which a project plan is approved before September 30, 1995, for any workforce housing development, or for a mixed-use development tax incremental district to which one of the following applies:

SB388-SSA1,16 Section 16. 66.1105 (2) (n) 1. of the statutes is created to read:

SB388-SSA1,11,12 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household's gross median income.

SB388-SSA1,17 Section 17. 66.1105 (2) (n) 2. of the statutes is created to read:

SB388-SSA1,11,16 66.1105 (2) (n) 2. With regard to a workforce housing development district, the construction cost per housing unit, including rental housing, is no more than 80 percent of the median price for new residential construction in the county.

SB388-SSA1,18 Section 18. 66.1105 (2) (o) of the statutes is created to read:

SB388-SSA1,11,20 66.1105 (2) (o) “Workforce housing development” means development that contains only newly platted residential uses, and 100 percent of the residential development must be workforce housing.

SB388-SSA1,19 Section 19. 66.1105 (4) (c) of the statutes is amended to read:

SB388-SSA1,12,4 66.1105 (4) (c) Identification of the specific property to be included under par. (gm) 4. as blighted, in need of workforce housing, or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).

SB388-SSA1,20 Section 20. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

SB388-SSA1,12,10 66.1105 (4) (gm) 4. a. Not Except as provided in subd. 4. am., not less than 50 percent, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

SB388-SSA1,21 Section 21. 66.1105 (4) (gm) 4. am. of the statutes is created to read:

SB388-SSA1,12,14 66.1105 (4) (gm) 4. am. If the district is a workforce housing development district, 100 percent, by area, of the real property within the district is suitable for a workforce housing development district and will be used for workforce housing.

SB388-SSA1,22 Section 22. 66.1105 (4) (gm) 4. bm. of the statutes, as affected by 2017 Wisconsin Act 15, is amended to read:

SB388-SSA1,12,21 66.1105 (4) (gm) 4. bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area, directly increase workforce housing, or directly serve to promote industrial or mixed-use development, consistent with the purpose for which the tax incremental district is created under subd. 4. a. or am.; and

SB388-SSA1,23 Section 23. 66.1105 (4) (gm) 6. of the statutes is amended to read:

SB388-SSA1,13,5 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial district, a workforce housing development district, or a mixed-use district based on the identification and classification of the property included within the district under par. (c) and subd. 4. a. or am. If the district is not exclusively blighted, rehabilitation or conservation, industrial, workforce housing, or mixed use, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in subd. 4. a.

SB388-SSA1,24 Section 24. 66.1105 (4m) (b) 2. of the statutes is amended to read:

SB388-SSA1,13,23 66.1105 (4m) (b) 2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 45 days after receiving the resolution, except that with regard to a workforce housing development district, the board must approve the resolution adopted under sub. (4) (gm) or (h) 1. by a unanimous vote. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

SB388-SSA1,25 Section 25. 66.1105 (6) (a) 8. of the statutes is amended to read:

SB388-SSA1,14,11 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. or 14. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

SB388-SSA1,26 Section 26. 66.1105 (6) (a) 14. of the statutes is created to read:

SB388-SSA1,14,14 66.1105 (6) (a) 14. Fifteen years after the tax incremental district is created if the district is a workforce housing development district.

SB388-SSA1,27 Section 27 . 66.1105 (6) (g) 3. of the statutes is amended to read:

SB388-SSA1,14,19 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable workforce housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.

SB388-SSA1,28 Section 28. 66.1105 (7) (ak) 5. of the statutes is created to read:

SB388-SSA1,14,22 66.1105 (7) (ak) 5. For a workforce housing development district, 15 years after the district is created.

SB388-SSA1,29 Section 29 . 70.05 (4m) of the statutes is amended to read:

SB388-SSA1,15,12 70.05 (4m) A taxation district assessor may not enter upon a person's real property for purposes of conducting an assessment under this chapter more than once in each year, except that an assessor may enter upon a person's real property for purposes of conducting an assessment under this chapter more often if the property owner consents. A property owner may deny entry to an assessor of the interior of the owner's residence if the owner has given prior notice to the assessor that the assessor may not enter the property interior of the residence without the property owner's permission. Each taxation district assessor shall create and maintain a database identifying all such property owners in the taxation district. A property owner's refusal to allow the assessor to enter the interior of the owner's residence shall not preclude the property owner from appearing before the board of review to object to the property's valuation, as provided under s. 70.47 (7), and the assessor may not increase the property's valuation based solely on the property owner's refusal to allow entry.

SB388-SSA1,30 Section 30 . 70.05 (4n) of the statutes is created to read:

SB388-SSA1,15,17 70.05 (4n) If a taxation district assessor is requesting to view the interior of a residence, the assessor shall provide written notice to the property owner of the property owner's rights regarding the inspection of the interior of the owner's residence. The notice shall be in substantially the following form:

SB388-SSA1,15,18 PROPERTY OWNER RIGHTS

SB388-SSA1,16,2 You have the right to refuse entry into your residence pursuant to section 70.05 (4m) of the Wisconsin statutes. Entry to view your property is prohibited unless voluntarily authorized by you. Pursuant to section 70.05 (4m) of the Wisconsin statutes, you have the right to refuse a visual inspection of the interior of your residence and your refusal to allow an interior inspection of your residence will not be used as the sole reason for increasing your property tax assessment. Refusing entry to your residence also does not prohibit you from objecting to your assessment pursuant to section 70.47 (7) of the Wisconsin statutes. Please indicate your consent or refusal to allow an interior visual inspection of your residence.

SB388-SSA1,31 Section 31 . 70.47 (1) of the statutes is amended to read:

SB388-SSA1,16,15 70.47 (1) Time and place of meeting. The board of review shall meet annually at any time during the 30-day 45-day period beginning on the 2nd 4th Monday of May April, but no sooner than 7 days after the last day on which the assessment roll is open for examination under s. 70.45. In towns and villages the board shall meet at the town or village hall or some place designated by the town or village board. If there is no such hall, it shall meet at the clerk's office, or in towns at the place where the last annual town meeting was held. In cities the board shall meet at the council chamber or some place designated by the council and in cities of the 1st class in some place designated by the commissioner of assessments of such cities. A majority shall constitute a quorum except that 2 members may hold any hearing of the evidence required to be held by such board under subs. (8) and (10), if the requirements of sub. (9) are met.

SB388-SSA1,32 Section 32 . 70.47 (7) (aa) of the statutes is amended to read:

SB388-SSA1,16,21 70.47 (7) (aa) No person shall be allowed to appear before the board of review, to testify to the board by telephone or to contest the amount of any assessment of real or personal property if the person has refused a reasonable written request by certified mail of the assessor to view such property enter onto property to conduct an exterior view of the real or personal property being assessed.

SB388-SSA1,33 Section 33 . 70.47 (7) (af) of the statutes is amended to read:

SB388-SSA1,17,10 70.47 (7) (af) No person may appear before the board of review, testify to the board by telephone or object to a valuation; if that valuation was made by the assessor or the objector using the income method; unless no later than 7 days before the first meeting of the board of review the person supplies to the assessor all of the information about income and expenses, as specified in the manual under s. 73.03 (2a), that the assessor requests. The municipality or county shall provide by ordinance for the confidentiality of information about income and expenses that is provided to the assessor under this paragraph and shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court. The information that is provided under this paragraph, unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under s. 19.35 (1) unless a court determines before the first meeting of the board of review that the information is inaccurate.

SB388-SSA1,34 Section 34. 101.63 (5m) of the statutes is created to read:

SB388-SSA1,17,16 101.63 (5m) Once every 6 years, review those portions of the state electrical wiring code promulgated by the department under s. 101.82 (1) that apply to dwellings. In its review, the department shall consult with the uniform dwelling code council and any council or committee created by the secretary to advise the department regarding the state electrical wiring code.

SB388-SSA1,35 Section 35 . 227.115 (1) of the statutes is repealed and recreated to read:

SB388-SSA1,17,19 227.115 (1) Definition. In this section, “state housing strategy plan" means the plan developed under s. 16.302.

SB388-SSA1,36 Section 36 . 227.115 (2) (title) of the statutes is amended to read:

SB388-SSA1,17,21 227.115 (2) (title) Report on Analysis of rules affecting housing.

SB388-SSA1,37 Section 37 . 227.115 (2) of the statutes is renumbered 227.115 (2) (a) and amended to read:

SB388-SSA1,18,8 227.115 (2) (a) If a proposed rule directly or substantially affects may increase or decrease, either directly or indirectly, the cost of the development, construction, cost, financing, purchasing, sale, ownership, or availability of housing in this state, the department agency promulgating the proposed rule shall prepare a report on the housing impact analysis for the proposed rule before it is submitted to the legislative council staff under s. 227.15. The department agency may request any information from other state agencies, local governments, or individuals or organizations that is reasonably necessary for the department agency to prepare the report. The department shall prepare the report within 30 days after the rule is submitted to the department analysis.

SB388-SSA1,38 Section 38 . 227.115 (2) (b) of the statutes is created to read:

SB388-SSA1,18,22 227.115 (2) (b) On the same day that the agency submits the housing impact analysis to the legislative council staff under s. 227.15 (1), the agency shall also submit that analysis to the department of administration, to the governor, and to the chief clerks of each house of the legislature, who shall distribute the analysis to the presiding officers of their respective houses, to the chairpersons of the appropriate standing committees of their respective houses, as designated by those presiding officers, and to the cochairpersons of the joint committee for review of administrative rules. If a proposed rule is modified after the housing impact analysis is submitted under this paragraph so that the housing impact of the proposed rule is significantly changed, the agency shall prepare a revised housing impact analysis for the proposed rule as modified. A revised housing impact analysis shall be prepared and submitted in the same manner as an original housing impact analysis is prepared and submitted.

SB388-SSA1,39 Section 39 . 227.115 (3) (title) of the statutes is amended to read:

SB388-SSA1,18,25 227.115 (3) (title) Findings of the department to be contained in the report housing impact analysis.

SB388-SSA1,40 Section 40. 227.115 (3) (a) (intro.) of the statutes is amended to read:

SB388-SSA1,19,4 227.115 (3) (a) (intro.) The report of the department A housing impact analysis shall contain information about the effect of the proposed rule on housing in this state, including information on the effect of the proposed rule on all of the following:

SB388-SSA1,41 Section 41 . 227.115 (3) (a) 2. of the statutes is amended to read:

SB388-SSA1,19,8 227.115 (3) (a) 2. The cost of developing, constructing, rehabilitating, improving or, maintaining single family, or owning single-family or multifamily dwellings.

SB388-SSA1,42 Section 42 . 227.115 (3) (a) 3. of the statutes is amended to read:

SB388-SSA1,19,11 227.115 (3) (a) 3. The purchase price of housing new homes or the fair market value of existing homes.

SB388-SSA1,43 Section 43 . 227.115 (3) (a) 6. of the statutes is created to read:

SB388-SSA1,19,14 227.115 (3) (a) 6. The density, location, setback, size, or height of development on a lot, parcel, land division, or subdivision.

SB388-SSA1,44 Section 44 . 227.115 (3) (b) of the statutes is amended to read:

SB388-SSA1,19,17 227.115 (3) (b) The report A housing impact analysis shall analyze the relative impact of the effects of the proposed rule on low- and moderate-income households.

SB388-SSA1,45 Section 45 . 227.115 (3) (c) of the statutes is created to read:

SB388-SSA1,19,23 227.115 (3) (c) 1. Except as provided in subd. 2., a housing impact analysis shall provide reasonable estimates of the information under pars. (a) and (b) expressed as dollar figures and shall include descriptions of the immediate effect and, if ascertainable, the long-term effect. The agency shall include a brief summary or worksheet of computations used in determining any such dollar figures.

SB388-SSA1,20,2 2. If, after careful consideration, the agency determines that it is not possible to make an estimate expressed as dollar figures as provided in subd. 1., the analysis shall instead contain a statement to that effect setting forth the reasons for that determination.

SB388-SSA1,46 Section 46 . 227.115 (3) (d) of the statutes is created to read:

SB388-SSA1,20,7 227.115 (3) (d) Except as otherwise specified in par. (a), a housing impact analysis shall be prepared on the basis of a median-priced single-family residence but may include estimates for larger developments as an analysis of the long-term effect of the proposed rule.

SB388-SSA1,47 Section 47 . 227.115 (5) of the statutes is repealed.

SB388-SSA1,48 Section 48 . 227.15 (1) of the statutes, as affected by 2017 Wisconsin Act 57, is amended to read:

SB388-SSA1,20,24 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule required under s. 227.16 or, if no such public hearing is required, prior to notice under s. 227.19, an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3), and (4), any housing impact analysis required under s. 227.115 (2) (a), any revised housing impact analysis required under s. 227.115 (2) (b), the economic impact analysis required under s. 227.137 (2), and any revised economic impact analysis required under s. 227.137 (4). An agency may not hold a public hearing on a proposed rule or give notice under s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under sub. (2) (intro.), whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under s. 227.24.

SB388-SSA1,49 Section 49 . 227.19 (3) (g) of the statutes is repealed and recreated to read:

SB388-SSA1,21,2 227.19 (3) (g) Any housing impact analysis prepared under s. 227.115 (2) (a) and any revised housing impact analysis prepared under s. 227.115 (2) (b).

SB388-SSA1,50 Section 50. 348.16 (3) (d) of the statutes is created to read:

SB388-SSA1,21,12 348.16 (3) (d) Subsection (2) does not apply to a motor vehicle that is being operated to deliver propane for heating purposes if the gross weight imposed on the highway by the vehicle does not exceed 30,000 pounds, for a vehicle with a single rear axle, or 40,000 pounds, for a vehicle with tandem rear axles, and, if the motor vehicle is a tank vehicle, the tank is loaded to no more than 50 percent of the capacity of the tank. A tank vehicle operated under this paragraph shall be equipped with a gauge on the tank that shows the amount of propane in the tank as a percent of the capacity of the tank and shall carry documentation of the capacity of the tank either on the cargo tank or in the cab of the vehicle.

SB388-SSA1,51 Section 51. 349.16 (3) (d) of the statutes is created to read: