AB655: Bill Text

Reciprocal agreements for real estate licenses

Under current law, the Department of Regulation and Licensing (DRL) grants licenses that allow persons to practice as real estate brokers or salespersons. Current law specifies the requirements a person must satisfy to obtain such a license. The Real Estate Board (board) advises DRL on rules regarding licensing and other matters.

This bill allows DRL to grant licenses to persons licensed as real estate brokers or salespersons in other states and territories, in addition to persons who satisfy the requirements specified under current law. Under the bill, DRL may, after consulting with the board, enter into reciprocal agreements with officials of other states or territories for granting licenses to persons licensed in those states or territories.

Comprehensive planning by local governmental units

Under the current law popularly known as the "Smart Growth" statute, if a local governmental unit (city, village, town, county, or regional planning commission) creates a comprehensive plan (a zoning development plan or a zoning master plan) or amends an existing comprehensive plan, the plan must contain certain planning elements. The required planning elements include the following: housing; transportation; utilities and community facilities; agricultural, natural, and cultural resources; economic development; and land use.

Beginning on January 1, 2010, under Smart Growth, any program or action of a local governmental unit that affects land use must be consistent with that local governmental unit's comprehensive plan. The actions to which this requirement applies include zoning ordinances, municipal incorporation procedures, annexation procedures, agricultural preservation plans, and impact fee ordinances. Also beginning on January 1, 2010, under Smart Growth, if a local governmental unit engages in any program or action that affects land use, the comprehensive plan must contain at least all of the required planning elements.

Before the plan may take effect, however, a local governmental unit must comply with a number of requirements, such as adopting written procedures that are designed to foster public participation in the preparation of the plan.

Under this bill, before the plan may take effect, a local governmental unit must provide written notice to all owners of property, and leaseholders who have an interest in property pursuant to which the persons may extract nonmetallic mineral resources, in which the allowable use or intensity of use, of the property, is changed by the comprehensive plan, and must create written procedures that describe the methods the local governmental unit will use to distribute elements of a comprehensive plan to owners of, and other persons who have such interests in, such property.

Fees imposed by political subdivisions

Under current law, cities, villages, towns, and counties (political subdivisions) provide various services for which those political subdivisions may impose a fee. This bill requires that any fee imposed by a political subdivision bear a reasonable relationship to the service for which the fee is imposed and that, when a political subdivision first imposes or raises a fee, the political subdivision issue written findings that demonstrate that the fee bears a reasonable relationship to the service for which the fee is imposed.

Patient health care records

Under current state law, patient health care records must remain confidential and may be released by a health care provider only with the informed consent of the patient or of a person authorized by the patient. However, patient health care records are required to be released without informed consent by the health care provider in specified circumstances, including for patient treatment, health care provider payment and medical records management, and certain audits, program monitoring, accreditation, and health care services review activities by health care facility staff committees or accreditation or review organizations.

Under current federal law, patient health care information may be released without patient authorization by health care providers for, among other purposes, treatment, payment, and health care operations. "Health care operations" is defined in federal law to include quality assessment and improvement activities; credentialing or evaluating of health care practitioners and training; underwriting; medical review, legal services, and auditing; business planning and development; and business management and general administrative activities.

This bill modifies the requirement for release of patient health care records without patient consent to authorize, rather than require, release under specified circumstances, and to eliminate the requirement that a request for the records be received before release. The bill also increases the circumstances under which patient health care records are authorized to be released without patient informed consent, to include purposes of health care operations, as defined and authorized in federal law.

Apprenticeship-to-journeyman job-site ratios

Under current law, the Department of Workforce Development (DWD) may determine reasonable classifications, promulgate rules, issue general or special orders, hold hearing, make findings, and render orders as necessary to oversee the apprenticeship programs provided in this state.

This bill prohibits DWD from prescribing, whether by promulgating a rule, issuing a general or special order, or otherwise, the ratio of apprentices to journeymen that an employer may have at a job site.

Acquisitions of in-state banks and bank holding companies

Current law specifies certain requirements applicable to the acquisition of an in-state bank or in-state bank holding company by an out-of-state bank holding company. This bill applies those requirements to similar acquisitions by out-of-state banks.

Lawsuits concerning financial institutions

With certain exceptions, this bill prohibits any person from bringing a lawsuit against a bank, savings bank, savings and loan association, or any affiliate of such an institution (financial institution) based upon any of the following promises or commitments of the financial institution, unless the promise or commitment is in writing, sets forth relevant terms and conditions, and is signed by the financial institution: 1) a promise or commitment to lend money, grant or extend credit, or make any other financial accommodation; or 2) a promise or commitment to renew, extend, modify, or permit a delay in repayment or performance of a loan, extension of credit, or other financial accommodation. This prohibition does not apply to transactions that are subject to the Wisconsin Consumer Act (which generally regulates credit transactions of $25,000 or less that are entered into for personal, family, or household purposes).

Currently, under the doctrine of promissory estoppel, the existence of an enforceable contract may be implied if a person makes a promise, the promise is one which the person should reasonably expect to induce action or forbearance of a definite and substantial character, the promise induces such action or forbearance, and injustice can be avoided only by enforcement of the promise. This bill provides that any promise or commitment described above may not be enforced under the doctrine of promissory estoppel. This prohibition does not apply to transactions that are subject to the Wisconsin Consumer Act.

Financial assurance for nonmetallic mining reclamation

Current law requires counties to administer ordinances to ensure that nonmetallic mining sites are reclaimed. "Nonmetallic" mining means extracting substances like gravel and stone. Among other things, nonmetallic mining reclamation ordinances must require operators to provide financial assurance to ensure that the nonmetallic mine will be reclaimed. This bill provides that, if a city, village, or town requires an operator to provide financial assurance for nonmetallic mining reclamation, the county must credit the value of that financial assurance toward the amount that the operator is required to provide under the county ordinance.

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:

AB655, s. 1 Section 1. 16.957 (2) (b) 1. (intro.) of the statutes is amended to read:

AB655,21,4 16.957 (2) (b) 1. (intro.) Subject to subd. 2. and the rules promulgated under sub. (2m), after holding a hearing, establish programs for awarding grants from the appropriation under s. 20.505 (3) (s) for each of the following:

AB655, s. 2 Section 2. 16.957 (2) (c) 2. of the statutes is amended to read:

AB655,21,9 16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1. The rules for grants awarded under programs established under par. (b) 1. may not be inconsistent with the rules promulgated by the commission under sub. (2m).

AB655, s. 3 Section 3. 16.957 (2m) of the statutes is created to read:

AB655,21,19 16.957 (2m) Energy conservation and efficiency grants. The commission shall promulgate rules that provide that a proposal for providing energy conservation or efficiency services is not eligible for a grant under sub. (2) (b) unless the applicant demonstrates that, no later than a reasonable period of time, as determined by the commission, after the applicant begins to implement the proposal, the economic value of the benefits resulting from the proposal will be equal to the amount of the grant. The rules shall also specify annual energy savings targets that a such proposal must be designed to achieve in order for the proposal to be eligible for a grant under sub. (2) (b).

AB655, s. 4 Section 4. 16.957 (3) (b) of the statutes is amended to read:

AB655,22,7 16.957 (3) (b) The department shall, on the basis of competitive bids, contract with one or more nonstock, nonprofit corporations organized under ch. 181 to administer the programs established under sub. (2) (b) 1., including soliciting proposals, processing grant applications, selecting, based on criteria specified in rules promulgated under sub. (2) (c) 2m. and the standards established in the rules promulgated under sub. (2m), proposals for the department to make awards and distributing grants to recipients.

AB655, s. 5 Section 5. 19.52 (3) of the statutes is amended to read:

AB655,22,11 19.52 (3) Chapters 901 to 911 apply to the admission of evidence at the hearing. The board hearing examiner shall not find a violation of this subchapter or subch. III of ch. 13 except upon clear and convincing evidence admitted at the hearing.

AB655, s. 6 Section 6. 19.52 (4) of the statutes is repealed.

AB655, s. 7 Section 7. 25.96 of the statutes is amended to read:

AB655,22,18 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3) and (3m), public benefits fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2.

AB655, s. 8 Section 8. 29.601 (5) (a) of the statutes is amended to read:

AB655,22,23 29.601 (5) (a) This section does not apply to any activities carried out under the direction and supervision of the department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges in accordance with s. 30.12 (4) 30.2022.

AB655, s. 9 Section 9. 30.01 (1am) of the statutes is created to read:

AB655,23,2 30.01 (1am) "Area of special natural resource interest" means any of the following:

AB655,23,3 (a) A state natural area designated or dedicated under ss. 23.27 to 23.29.

AB655,23,5 (b) A surface water identified by the department as an outstanding or exceptional resource water under s. 281.15.

AB655,23,7 (c) An area that possesses significant scientific value, as identified by the department.

AB655, s. 10 Section 10. 30.01 (1p) of the statutes is amended to read:

AB655,23,16 30.01 (1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under s. 30.121 nor a wharf or pier regulated under s. ss. 30.12 and 30.13.

AB655, s. 11 Section 11. 30.01 (6b) of the statutes is repealed.

AB655, s. 12 Section 12. 30.015 of the statutes is renumbered 30.208 (2) and amended to read:

AB655,24,12 30.208 (2) Time limits for issuing permit determinations Procedure for completing applications. In issuing individual permits or entering contracts under this chapter subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than 60 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete.

AB655, s. 13 Section 13. 30.02 of the statutes is repealed.

AB655, s. 14 Section 14. 30.07 of the statutes is renumbered 30.2095, and 30.2095 (1) (a), as renumbered, is amended to read:

AB655,24,19 30.2095 (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB655, s. 15 Section 15. 30.10 (4) (a) of the statutes is amended to read:

AB655,24,23 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.123 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB655, s. 16 Section 16. 30.11 (4) of the statutes is amended to read:

AB655,25,3 30.11 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors owners. Riparian proprietors owners may place solid structures or fill up to such line.

AB655, s. 17 Section 17. 30.12 (title) of the statutes is amended to read:

AB655,25,6 30.12 (title) Structures and deposits in navigable waters prohibited; exceptions; penalty.

AB655, s. 18 Section 18. 30.12 (1) (intro.) of the statutes is renumbered 30.12 (1d) and amended to read:

AB655,25,14 30.12 (1d) General prohibition Permits required. (intro.) Except as provided under subs. (4) and (4m), unless a Unless an individual or general permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

AB655, s. 19 Section 19. 30.12 (1) (a) of the statutes is renumbered 30.12 (1d) (a) and amended to read:

AB655,25,18 30.12 (1d) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established; or.

AB655, s. 20 Section 20. 30.12 (1) (b) of the statutes is renumbered 30.12 (1d) (b) and amended to read:

AB655,25,22 30.12 (1d) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

AB655, s. 21 Section 21. 30.12 (1b) of the statutes is created to read:

AB655,25,25 30.12 (1b) Definition. In this section, "structure" includes a vessel for commercial storage and its anchoring device.

AB655, s. 22 Section 22. 30.12 (1g) (intro.), (a), (b) and (e) to (j) of the statutes are created to read:

AB655,26,7 30.12 (1g) Exemptions. (intro.) A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the rights of other riparian owners, and is any of the following:

AB655,26,9 (a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards in any 5-year period.

AB655,26,11 (b) A structure, other than a pier or a wharf, that is placed on a seasonal basis and that is less than 200 square feet in size and less than 38 inches in height.

AB655,26,14 (e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property.

AB655,26,20 (f) A pier that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.

AB655,26,21 (g) A wharf that extends no more than 30 feet.

AB655,26,24 (h) An intake or outfall structure that is authorized by a storm water discharge permit approved by the department under ch. 283 or a facility plan approved by the department under s. 281.41.

AB655,27,2 (i) Riprap in an amount not to exceed 75 linear feet and if the riprap is located outside an area where riprap has been previously placed.

AB655,27,4 (j) Riprap in an amount not to exceed 300 linear feet and if the riprap is located within an area where riprap has been previously placed.

AB655, s. 23 Section 23. 30.12 (2) of the statutes is repealed.

AB655, s. 24 Section 24. 30.12 (3) (title) of the statutes is repealed and recreated to read:

AB655,27,7 30.12 (3) (title) General permits.

AB655, s. 25 Section 25. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB655,27,11 30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

AB655, s. 26 Section 26. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

AB655,27,16 30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

AB655, s. 27 Section 27. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read:

AB655,27,21 30.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

AB655, s. 28 Section 28. 30.12 (3) (a) 6. of the statutes is amended to read: