AB582: Bill Text

AB582,13,21 70.32 (4) (b) Beginning with the assessments as of January 1, 2016, undeveloped land, as defined in sub. (2) (c) 4. b., shall be assessed at its unimproved value until such time that a permit is issued for constructing a building or other structure on the land.

AB582,30 Section 30. 227.445 of the statutes is created to read:

AB582,14,3 227.445 Substitution of hearing examiner assigned by division of hearings and appeals. (1) A person who has applied for a contract, permit, or other approval that is the subject of a contested case hearing for which the division of hearings and appeals has assigned a hearing examiner may file a written request with the hearing examiner, not later than 10 days after receipt of the notice under s. 227.44 (1), for a substitution of a new hearing examiner.

AB582,14,4 (2) No person may file more than one request under sub. (1) for a single hearing.

AB582,14,9 (3) Upon receipt of a request under sub. (1), the hearing examiner shall have no further jurisdiction in the matter except to determine if the request was made timely and in proper form. If the request was made timely and in proper form, the hearing examiner shall transfer the matter to another hearing examiner and shall transmit to the new hearing examiner all materials relating to the matter.

AB582,14,13 (4) If the hearing examiner fails to make a determination as to allowing the substitution within 7 days, the hearing examiner shall refer the matter to the administrator of the division of hearings and appeals for the determination and, if proper, the assignment of a substitute hearing examiner.

AB582,31 Section 31. 236.45 (2) (am) (intro.) of the statutes, as affected by 2015 Wisconsin Act 48, is amended to read:

AB582,15,8 236.45 (2) (am) (intro.) Ordinances under par. (ac) may include provisions regulating divisions of land into parcels larger than 1 1/2 acres or divisions of land into less than 5 parcels, and, except as provided in s. 59.69 (4) (intro.) and subject to s. 66.1002, may prohibit the division of land in areas where such prohibition will carry out the purposes of this section. Such ordinances shall make applicable to such divisions all of the provisions of this chapter, or may provide other surveying, monumenting, mapping and approving requirements for such division. The governing body of the municipality, town, or county shall require that a plat of such division be recorded with the register of deeds and kept in a book provided for that purpose or stored electronically. "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range, and county noted. When so recorded, the lots included in the plat shall be described by reference to "COUNTY PLAT," "MUNICIPAL PLAT," or "TOWN PLAT," the name of the plat and the lot and block in the plat, for all purposes, including those of assessment, taxation, devise, descent, and conveyance as defined in s. 706.01 (4). Such ordinance, insofar as it may apply to divisions of less than 5 parcels, shall not apply to:

AB582,32 Section 32. 700.28 of the statutes is created to read:

AB582,15,12 700.28 Prohibiting unreasonable restrictions on alienation of property. (1) In this section, "political subdivision" means a city, village, town, or county.

AB582,15,14 (2) A political subdivision may not prohibit or unreasonably restrict a real property owner from alienating any interest in the real property.

AB582,33 Section 33. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,15,18 706.22 (title) Prohibition on imposing time-of-sale, purchase, or occupancy requirements.

AB582,34 Section 34. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,15,22 706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy of property prohibited.

AB582,35 Section 35. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB582,16,2 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit may by ordinance, resolution, or any other means restrict do any of the following:

AB582,16,8 1m. Restrict the ability of an owner of real property to sell or otherwise transfer title to or refinance the property by requiring the owner or an agent of the owner to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,36 Section 36. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. a.

AB582,37 Section 37. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. b.

AB582,38 Section 38. 706.22 (2) (a) 2m. of the statutes is created to read:

AB582,16,18 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real property by requiring the person or an agent of the person to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,16,19 a. Before the person may complete the purchase of or take title to the property.

AB582,16,20 b. At the time of completing the purchase of or taking title to the property.

AB582,16,22 c. Within a certain period of time after completing the purchase of or taking title to the property.

AB582,39 Section 39. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. c.

AB582,40 Section 40. 706.22 (2) (a) 3m. of the statutes is created to read:

AB582,17,6 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to residential real property to take occupancy of the property by requiring the purchaser or transferee or an agent of the purchaser or transferee to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

AB582,17,7 a. Before the purchaser or transferee may take occupancy of the property.

AB582,17,8 b. At the time of taking occupancy of the property.

AB582,17,9 c. Within a certain period of time after taking occupancy of the property.

AB582,41 Section 41. 706.22 (2) (b) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (b) (intro.) and amended to read:

AB582,17,12 706.22 (2) (b) (intro.) Paragraph (a) does not prohibit do any of the following:

AB582,17,16 1. Prohibit a local governmental unit from requiring a real property owner or the owner's agent to take certain actions with respect to the property not in connection with the purchase, sale or , refinancing, or taking occupancy of, or the transfer of title to, the property.

AB582,42 Section 42. 706.22 (2) (b) 2. of the statutes is created to read:

AB582,17,21 706.22 (2) (b) 2. Prohibit a local governmental unit from enforcing, or otherwise affect the responsibility, authority, or ability of a local governmental unit to enforce, a federal or state requirement that does any of the things a local governmental unit is prohibited from doing under par. (a).

AB582,43 Section 43. 706.22 (3) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (3) (a) and amended to read:

AB582,18,3 706.22 (3) (a) If a local governmental unit has in effect on July 14, 2015, an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 1m., the ordinance, resolution, or policy does not apply and may not be enforced.

AB582,44 Section 44. 706.22 (3) (b) of the statutes is created to read:

AB582,18,8 706.22 (3) (b) If a local governmental unit has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not apply and may not be enforced.

AB582,45 Section 45. 895.463 of the statutes is created to read:

AB582,18,13 895.463 Zoning ordinances. In any matter relating to a zoning ordinance or shoreland zoning ordinance enacted or enforced by a city, village, town, or county, the court shall resolve an ambiguity in the meaning of a zoning word or phrase in favor of the free use of private property.

AB582,46 Section 46. Initial applicability.

AB582,18,18 (1) Actions affecting land use. The treatment of sections 59.69 (5) (f), 60.61 (4) (f), 62.23 (7) (d) 4., and 66.1001 (4) (f) of the statutes first applies to an action taken by a city, village, town, or county that affects the allowable use of land on the effective date of this subsection.

AB582,18,21 (2) Vested rights and agency actions. The treatment of sections 66.10015 (1) (a), (b), and (d) and (2) (b) and (d) of the statutes first applies to any project for which an application for approval is pending on the effective date of this subsection.

AB582,18,24 (3) Down zoning. The treatment of sections 59.69 (4) (j), 60.61 (2) (a) 6., 62.23 (7) (am), and 66.10015 (title), (1) (as) and (bs), and (3) of the statutes first applies to a down zoning ordinance that is enacted on the effective date of this subsection.

AB582,18,25 (End)