This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRBs0229/1
ALL:emw/wlj/kjf
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 568
January 13, 2016 - Offered by Representative R. Brooks.
AB568-ASA1,2,5 1An Act to repeal 66.1019 (3) (b) and 101.975 (3); to renumber 706.22 (2) (a) 1.,
2706.22 (2) (a) 2. and 706.22 (2) (a) 3.; to renumber and amend 66.1019 (3) (a),
3704.17 (5), 706.22 (2) (b), 706.22 (3) and 943.14; to amend 20.505 (7) (h), 59.69
4(4m), 60.64, 62.23 (7) (em), 66.0418 (title), 66.0809 (9), 101.02 (7m), 349.13 (3m)
5(dr) 2., 349.13 (3m) (e) 1., 349.13 (3m) (e) 3., 704.17 (1) (b), 704.17 (2) (b), 704.19
6(2) (b) 2., 706.22 (title), 706.22 (2) (title), 706.22 (2) (a) (intro.) and 800.035 (1);
7and to create 66.0104 (2) (e), 66.0104 (2) (f), 66.0104 (2) (g), 66.0104 (3) (c),
866.0418 (3), 175.403, 704.055, 704.17 (3m), 704.17 (5) (b), 706.22 (2) (a) 2m.,
9706.22 (2) (a) 3m., 706.22 (2) (b) 2., 706.22 (3) (b) and 943.14 (1) of the statutes;
10relating to: terminating a tenancy for criminal activity or drug-related
11criminal activity; disposition of personal property left in rental property by a
12trespasser; preexisting sprinkler ordinances that are stricter than the
13multifamily dwelling code; towing vehicles illegally parked on private property;

1terminating certain tenancies for breaches other than failure to pay rent;
2limitations on the authority of political subdivisions to regulate rental units
3and historic properties; prohibiting local governmental units from imposing
4real property purchase or residential real property occupancy requirements;
5creating a criminal penalty; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB568-ASA1,1 6Section 1. 20.505 (7) (h) of the statutes is amended to read:
AB568-ASA1,2,107 20.505 (7) (h) Funding for the homeless. All moneys received from interest on
8real estate trust accounts under s. 452.13 for grants under s. 16.307, and all moneys
9received under s. ss. 704.05 (5) (a) 2. and 704.055 (2) (b), for grants to agencies and
10shelter facilities for homeless individuals and families under s. 16.308 (2) (a) and (b).
AB568-ASA1,2 11Section 2. 59.69 (4m) of the statutes is renumbered 59.69 (4m) (a) and
12amended to read:
AB568-ASA1,2,2213 59.69 (4m) (a) A Subject to par. (b), a county, as an exercise of its zoning and
14police powers for the purpose of promoting the health, safety and general welfare of
15the community and of the state, may regulate by ordinance any place, structure or
16object with a special character, historic interest, aesthetic interest or other
17significant value, for the purpose of preserving the place, structure or object and its
18significant characteristics. The Subject to par. (b), the county may create a
19landmarks commission to designate historic landmarks and establish historic
20districts. The Subject to par. (b), the county may regulate all historic landmarks and
21all property within each historic district to preserve the historic landmarks and
22property within the district and the character of the district.
AB568-ASA1,3 23Section 3. 59.69 (4m) (b) of the statutes is created to read:
AB568-ASA1,3,6
159.69 (4m) (b) 1. a. If a county proposes to designate a place, structure, or object
2as a historic landmark or to establish a historic district that includes the place,
3structure, or object, the county shall notify the owner of the place, structure, or object
4of the determination and provide a form by which the owner may vote for or against
5the designation or inclusion. The county shall allow not less than 60 days following
6the notice for an owner to provide his or her vote.
AB568-ASA1,3,147 b. In the case of a proposed historic landmark designation, if the owner of the
8place, structure, or object has not voted against the establishment of the landmark
9within 60 days after the county has provided the notice under subd. 1. a., the county
10may designate the place, structure, or object as proposed. In the case of a proposed
11historic district establishment, if not less than two-thirds of the owners of principal
12structures, counting one vote per principal structure, who have cast votes within 60
13days after the county has provided the notice under subd. 1. a. have voted in favor
14of the establishment of the district, the county may establish the district as proposed.
AB568-ASA1,3,2315 c. Except as provided in this paragraph, if a county proposed under subd. 1. a.
16to designate a place, structure, or object as a historic landmark or to establish a
17historic district that includes the place, structure, or object and the designation or
18establishment was not authorized under subd. 1. b., the county may not require or
19prohibit any action by an owner of the place, structure, or object related to the
20preservation of special character, historic or aesthetic interest, or any other
21significant value of the place, structure, or object without the consent of the owner.
22This subdivision does not affect the terms of any agreement between the owner of a
23place, structure, or object and the county.
AB568-ASA1,4,224 d. If the county is not authorized to designate a historic landmark or establish
25a historical district under subd. 1. b., the county may not propose the designation of

1the same historic landmark or establishment of the same historic district for one
2year.
AB568-ASA1,4,53 2. If, under subd. 1., a place, structure, or object is designated a historic
4landmark or included within a historic district, the designation or inclusion of the
5place, structure, or object may not be terminated without the consent of the county.
AB568-ASA1,4,106 3. If any person has received a tax credit related to historic preservation of the
7place, structure, or object or if the place, structure, or object is listed in the national
8register of historic places in Wisconsin or the state register of historic places, a vote
9by the owner of the place, structure, or object against designation or establishment
10may not be counted under subd. 1. b.
AB568-ASA1,4 11Section 4. 60.64 of the statutes is renumbered 60.64 (1) and amended to read:
AB568-ASA1,4,2112 60.64 (1) The Subject to sub. (2), the town board, in the exercise of its zoning
13and police powers for the purpose of promoting the health, safety and general welfare
14of the community and of the state, may regulate any place, structure or object with
15a special character, historic interest, aesthetic interest or other significant value for
16the purpose of preserving the place, structure or object and its significant
17characteristics. The Subject to sub. (2), the town board may create a landmarks
18commission to designate historic landmarks and establish historic districts. The
19Subject to sub. (2), the board may regulate all historic landmarks and all property
20within each historic district to preserve the historic landmarks and property within
21the district and the character of the district.
AB568-ASA1,5 22Section 5. 60.64 (2) of the statutes is created to read:
AB568-ASA1,5,323 60.64 (2) (a) 1. If a town board proposes to designate a place, structure, or object
24as a historic landmark or to establish a historic district that includes the place,
25structure, or object, the town board shall notify the owner of the place, structure, or

1object of the determination and provide a form by which the owner may vote for or
2against the designation or inclusion. The town board shall allow not less than 60
3days following the notice for an owner to provide his or her vote.
AB568-ASA1,5,124 2. In the case of a proposed historic landmark designation, if the owner of the
5place, structure, or object has not voted against the establishment of the landmark
6within 60 days after the town board has provided the notice under subd. 1., the town
7board may designate the place, structure, or object as proposed. In the case of a
8proposed historic district establishment, if not less than two-thirds of the owners of
9principal structures, counting one vote per principal structure, who have cast votes
10within 60 days after the town board has provided the notice under subd. 1. have voted
11in favor of the establishment of the district, the town board may establish the district
12as proposed.
AB568-ASA1,5,2113 3. Except as provided in this subsection, if a town board proposed under subd.
141. to designate a place, structure, or object as a historic landmark or to establish a
15historic district that includes the place, structure, or object and the designation or
16establishment was not authorized under subd. 2., the town board may not require
17or prohibit any action by an owner of the place, structure, or object related to the
18preservation of special character, historic or aesthetic interest, or any other
19significant value of the place, structure, or object without the consent of the owner.
20This paragraph does not affect the terms of any agreement between the owner of a
21place, structure, or object and the town board.
AB568-ASA1,5,2522 4. If the town board is not authorized to designate a historic landmark or
23establish a historical district under subd. 2., the town board may not propose the
24designation of the same historic landmark or establishment of the same historic
25district for one year.
AB568-ASA1,6,3
1(b) If, under par. (a), a place, structure, or object is designated a historic
2landmark or included within a historic district, the designation or inclusion of the
3place, structure, or object may not be terminated without the consent of the town.
AB568-ASA1,6,84 (c) If any person has received a tax credit related to historic preservation of the
5place, structure, or object or if the place, structure, or object is listed in the national
6register of historic places in Wisconsin or the state register of historic places, a vote
7by the owner of the place, structure, or object against designation or establishment
8may not be counted under par. (a) 2.
AB568-ASA1,6 9Section 6. 62.23 (7) (em) of the statutes is renumbered 62.23 (7) (em) 1. and
10amended to read:
AB568-ASA1,6,2511 62.23 (7) (em) 1. A Subject to subd. 2., a city, as an exercise of its zoning and
12police powers for the purpose of promoting the health, safety and general welfare of
13the community and of the state, may regulate by ordinance, or if a city contains any
14property that is listed on the national register of historic places in Wisconsin or the
15state register of historic places shall, not later than 1995, enact an ordinance to
16regulate, any place, structure or object with a special character, historic,
17archaeological or aesthetic interest, or other significant value, for the purpose of
18preserving the place, structure or object and its significant characteristics. A
19Subject to subd. 2., a city may create a landmarks commission to designate historic
20or archaeological landmarks and establish historic districts. The Subject to subd. 2.,
21the
city may regulate, or if the city contains any property that is listed on the national
22register of historic places in Wisconsin or the state register of historic places shall
23regulate, all historic or archaeological landmarks and all property within each
24historic district to preserve the historic or archaeological landmarks and property
25within the district and the character of the district.
AB568-ASA1,7
1Section 7. 62.23 (7) (em) 2. of the statutes is created to read:
AB568-ASA1,7,242 62.23 (7) (em) 2. a. If a city proposes to designate a place, structure, or object
3as a historic landmark or to establish a historic district that includes the place,
4structure, or object, the city shall notify the owner of the place, structure, or object
5of the determination and provide a form by which the owner may vote for or against
6the designation or inclusion. The city shall allow not less than 60 days following the
7notice for an owner to provide his or her vote. In the case of a proposed historic
8landmark designation, if the owner of the place, structure, or object has not voted
9against the establishment of the landmark within 60 days after the city has provided
10the notice under this subd. 2. a., the place, structure, or object may be designated as
11proposed. In the case of a proposed historic district establishment, if not less than
12two-thirds of the owners of principal structures, counting one vote per principal
13structure, who have cast votes within 60 days after the city has provided the notice
14under this subd. 2. a. have voted in favor of the establishment of the district, the
15district may be established as proposed. Except as provided in this subdivision, if
16the city is not permitted to designate a landmark or establish a district under this
17subd. 2. a., the city may not require or prohibit any action by an owner of the place,
18structure, or object related to the preservation of special character, historic or
19aesthetic interest, or any other significant value of the place, structure, or object
20without the consent of the owner. This subdivision does not affect the terms of any
21agreement between the owner of a place, structure, or object and the city. If the city
22is not permitted to designate a landmark or establish a district under this subd. 2.
23a., the city may not propose the designation of the same historic landmark or
24establishment of the same historic district for one year.
AB568-ASA1,8,3
1b. If, under subd. 2. a., a place, structure, or object is designated a historic
2landmark or included within a historic district, the designation or inclusion of the
3place, structure, or object may not be terminated without the consent of the city.
AB568-ASA1,8,84 c. If any person has received a tax credit related to historic preservation of the
5place, structure, or object or if the place, structure, or object is listed in the national
6register of historic places in Wisconsin or the state register of historic places, a vote
7by the owner of the place, structure, or object against designation or establishment
8may not be counted under subd. 2. a.
AB568-ASA1,8 9Section 8. 66.0104 (2) (e) of the statutes is created to read:
AB568-ASA1,8,1110 66.0104 (2) (e) No city, village, town, or county may enact an ordinance that
11does any of the following:
AB568-ASA1,8,1412 1. Requires that a rental property or rental unit be inspected except upon a
13complaint by any person, as part of a program of regularly scheduled inspections, or
14as required under state or federal law.
AB568-ASA1,8,1615 2. Charges a fee for conducting an inspection of a residential rental property
16unless all of the following are satisfied:
AB568-ASA1,8,1717 a. The amount of the fee is uniform for residential rental inspections.
AB568-ASA1,8,1818 b. The fee is charged at the time that the inspection is actually performed.
AB568-ASA1,8,2019 3. Charges a fee for a subsequent reinspection of a residential rental property
20that is more than twice the fee charged for an initial reinspection.
AB568-ASA1,8,2521 4. Except as provided in this subdivision, requires that a rental property or
22rental unit be certified, registered, or licensed. A city, village, town, or county may
23require that a rental unit be registered if the registration consists only of providing
24the name of the owner and a contact person and an address and telephone number
25at which the contact person may be contacted.
AB568-ASA1,9
1Section 9. 66.0104 (2) (f) of the statutes is created to read:
AB568-ASA1,9,32 66.0104 (2) (f) No city, village, town, or county may impose an occupancy or
3transfer of tenancy fee on a rental unit.
AB568-ASA1,10 4Section 10. 66.0104 (2) (g) of the statutes is created to read:
AB568-ASA1,9,85 66.0104 (2) (g) 1. Except as provided in subds. 2. and 3., no city, village, town,
6or county may enact an ordinance that requires a residential rental property owner
7to register or obtain a certification or license related to owning or managing the
8residential rental property.
AB568-ASA1,9,119 2. Subdivision 1. does not apply to an ordinance that applies uniformly to all
10residential rental property owners, including owners of owner-occupied rental
11property.
AB568-ASA1,9,1512 3. Subdivision 1. does not prohibit a city, village, town, or county from requiring
13that a landlord be registered if the registration consists only of providing the name
14of the landlord and a contact person and an address and telephone number at which
15the contact person may be contacted.
AB568-ASA1,11 16Section 11. 66.0104 (3) (c) of the statutes is created to read:
AB568-ASA1,9,1917 66.0104 (3) (c) If a city, village, town, or county has in effect on the effective date
18of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
19(2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
AB568-ASA1,12 20Section 12. 66.0809 (9) of the statutes is amended to read:
AB568-ASA1,9,2521 66.0809 (9) A municipal utility is not required to offer a customer who is a
22tenant at a rental dwelling unit a deferred payment agreement. Notwithstanding.
23ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a
24municipal utility to offer or not offer a deferred payment agreement does not require
25approval, and is not subject to disapproval, by the public service commission.
Loading...
Loading...