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LRBs0283/1
ALL:emw/wlj/kjf
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 568
February 1, 2016 - Offered by Representative R. Brooks.
AB568-ASA2,2,6 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 59.69 (4m),
360.64, 62.23 (7) (em), 66.1019 (3) (a), 704.17 (1) (b), 704.17 (5), 706.22 (2) (b),
4706.22 (3) and 943.14; to amend 20.505 (7) (h), 66.0809 (9), 101.02 (7m), 349.13
5(3m) (dr) 2., 349.13 (3m) (e) 1., 349.13 (3m) (e) 3., 704.17 (2) (b), 704.19 (2) (b)
62., 706.22 (title), 706.22 (2) (title), 706.22 (2) (a) (intro.) and 800.035 (1); and to
7create
59.69 (4m) (b), 60.64 (2), 62.23 (7) (em) 2., 66.0104 (2) (e), 66.0104 (2) (f),
866.0104 (2) (g), 66.0104 (3) (c), 175.403, 704.055, 704.17 (1) (b) 1., 704.17 (3m),
9704.17 (5) (b), 706.22 (2) (a) 2m., 706.22 (2) (a) 3m., 706.22 (2) (b) 2., 706.22 (3)
10(b) and 943.14 (1) of the statutes; relating to: terminating a tenancy for
11criminal activity or drug-related criminal activity; disposition of personal
12property left in rental property by a trespasser; preexisting sprinkler
13ordinances that are stricter than the multifamily dwelling code; towing vehicles

1illegally parked on private property; terminating certain tenancies for breaches
2other than failure to pay rent; limitations on the authority of political
3subdivisions to regulate rental units and historic properties; prohibiting local
4governmental units from imposing real property purchase or residential real
5property occupancy requirements; creating a criminal penalty; and making an
6appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB568-ASA2,1 7Section 1. 20.505 (7) (h) of the statutes is amended to read:
AB568-ASA2,2,118 20.505 (7) (h) Funding for the homeless. All moneys received from interest on
9real estate trust accounts under s. 452.13 for grants under s. 16.307, and all moneys
10received under s. ss. 704.05 (5) (a) 2. and 704.055 (2) (b), for grants to agencies and
11shelter facilities for homeless individuals and families under s. 16.308 (2) (a) and (b).
AB568-ASA2,2 12Section 2. 59.69 (4m) of the statutes is renumbered 59.69 (4m) (a) and
13amended to read:
AB568-ASA2,2,2314 59.69 (4m) (a) A Subject to par. (b), a county, as an exercise of its zoning and
15police powers for the purpose of promoting the health, safety and general welfare of
16the community and of the state, may regulate by ordinance any place, structure or
17object with a special character, historic interest, aesthetic interest or other
18significant value, for the purpose of preserving the place, structure or object and its
19significant characteristics. The Subject to par. (b), the county may create a
20landmarks commission to designate historic landmarks and establish historic
21districts. The Subject to par. (b), the county may regulate all historic landmarks and
22all property within each historic district to preserve the historic landmarks and
23property within the district and the character of the district.
AB568-ASA2,3
1Section 3. 59.69 (4m) (b) of the statutes is created to read:
AB568-ASA2,3,72 59.69 (4m) (b) 1. a. If a county 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 county 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 county shall allow not less than 60 days following
7the notice for an owner to provide his or her vote.
AB568-ASA2,3,158 b. In the case of a proposed historic landmark designation, if the owner of the
9place, structure, or object has not voted against the establishment of the landmark
10within 60 days after the county has provided the notice under subd. 1. a., the county
11may designate the place, structure, or object as proposed. In the case of a proposed
12historic district establishment, if a majority of the owners of principal structures,
13counting one vote per principal structure, who have cast votes within 60 days after
14the county has provided the notice under subd. 1. a. have voted in favor of the
15establishment of the district, the county may establish the district as proposed.
AB568-ASA2,3,2416 c. Except as provided in this paragraph, if a county proposed under subd. 1. a.
17to designate a place, structure, or object as a historic landmark or to establish a
18historic district that includes the place, structure, or object and the designation or
19establishment was not authorized under subd. 1. b., the county may not require or
20prohibit any action by an owner of the place, structure, or object related to the
21preservation of special character, historic or aesthetic interest, or any other
22significant value of the place, structure, or object without the consent of the owner.
23This subdivision does not affect the terms of any agreement between the owner of a
24place, structure, or object and the county.
AB568-ASA2,4,4
1d. If the county is not authorized to designate a historic landmark or establish
2a historical district under subd. 1. b., the county may not propose the designation of
3the same historic landmark or establishment of the same historic district for one
4year.
AB568-ASA2,4,75 2. If, under subd. 1., a place, structure, or object is designated a historic
6landmark or included within a historic district, the designation or inclusion of the
7place, structure, or object may not be terminated without the consent of the county.
AB568-ASA2,4,128 3. If any person has received a tax credit related to historic preservation of the
9place, structure, or object or if the place, structure, or object is listed in the national
10register of historic places in Wisconsin or the state register of historic places, a vote
11by the owner of the place, structure, or object against designation or establishment
12may not be counted under subd. 1. b.
AB568-ASA2,4 13Section 4. 60.64 of the statutes is renumbered 60.64 (1) and amended to read:
AB568-ASA2,4,2314 60.64 (1) The Subject to sub. (2), the town board, in the exercise of its zoning
15and police powers for the purpose of promoting the health, safety and general welfare
16of the community and of the state, may regulate any place, structure or object with
17a special character, historic interest, aesthetic interest or other significant value for
18the purpose of preserving the place, structure or object and its significant
19characteristics. The Subject to sub. (2), the town board may create a landmarks
20commission to designate historic landmarks and establish historic districts. The
21Subject to sub. (2), the board may regulate all historic landmarks and all property
22within each historic district to preserve the historic landmarks and property within
23the district and the character of the district.
AB568-ASA2,5 24Section 5. 60.64 (2) of the statutes is created to read:
AB568-ASA2,5,6
160.64 (2) (a) 1. If a town board 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 town board shall notify the owner of the place, structure, or
4object of the determination and provide a form by which the owner may vote for or
5against the designation or inclusion. The town board shall allow not less than 60
6days following the notice for an owner to provide his or her vote.
AB568-ASA2,5,157 2. 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 town board has provided the notice under subd. 1., the town
10board may designate the place, structure, or object as proposed. In the case of a
11proposed historic district establishment, if a majority of the owners of principal
12structures, counting one vote per principal structure, who have cast votes within 60
13days after the town board has provided the notice under subd. 1. have voted in favor
14of the establishment of the district, the town board may establish the district as
15proposed.
AB568-ASA2,5,2416 3. Except as provided in this subsection, if a town board proposed under subd.
171. to designate a place, structure, or object as a historic landmark or to establish a
18historic district that includes the place, structure, or object and the designation or
19establishment was not authorized under subd. 2., the town board may not require
20or prohibit any action by an owner of the place, structure, or object related to the
21preservation of special character, historic or aesthetic interest, or any other
22significant value of the place, structure, or object without the consent of the owner.
23This paragraph does not affect the terms of any agreement between the owner of a
24place, structure, or object and the town board.
AB568-ASA2,6,4
14. If the town board is not authorized to designate a historic landmark or
2establish a historical district under subd. 2., the town board may not propose the
3designation of the same historic landmark or establishment of the same historic
4district for one year.
AB568-ASA2,6,75 (b) If, under par. (a), a place, structure, or object is designated a historic
6landmark or included within a historic district, the designation or inclusion of the
7place, structure, or object may not be terminated without the consent of the town.
AB568-ASA2,6,128 (c) If any person has received a tax credit related to historic preservation of the
9place, structure, or object or if the place, structure, or object is listed in the national
10register of historic places in Wisconsin or the state register of historic places, a vote
11by the owner of the place, structure, or object against designation or establishment
12may not be counted under par. (a) 2.
AB568-ASA2,6 13Section 6. 62.23 (7) (em) of the statutes is renumbered 62.23 (7) (em) 1. and
14amended to read:
AB568-ASA2,7,415 62.23 (7) (em) 1. A Subject to subd. 2., a city, as an exercise of its zoning and
16police powers for the purpose of promoting the health, safety and general welfare of
17the community and of the state, may regulate by ordinance, or if a city contains any
18property that is listed on the national register of historic places in Wisconsin or the
19state register of historic places shall, not later than 1995, enact an ordinance to
20regulate, any place, structure or object with a special character, historic,
21archaeological or aesthetic interest, or other significant value, for the purpose of
22preserving the place, structure or object and its significant characteristics. A
23Subject to subd. 2., a city may create a landmarks commission to designate historic
24or archaeological landmarks and establish historic districts. The Subject to subd. 2.,
25the
city may regulate, or if the city contains any property that is listed on the national

1register of historic places in Wisconsin or the state register of historic places shall
2regulate, all historic or archaeological landmarks and all property within each
3historic district to preserve the historic or archaeological landmarks and property
4within the district and the character of the district.
AB568-ASA2,7 5Section 7. 62.23 (7) (em) 2. of the statutes is created to read:
AB568-ASA2,8,36 62.23 (7) (em) 2. a. If a city proposes to designate a place, structure, or object
7as a historic landmark or to establish a historic district that includes the place,
8structure, or object, the city shall notify the owner of the place, structure, or object
9of the determination and provide a form by which the owner may vote for or against
10the designation or inclusion. The city shall allow not less than 60 days following the
11notice for an owner to provide his or her vote. In the case of a proposed historic
12landmark designation, if the owner of the place, structure, or object has not voted
13against the establishment of the landmark within 60 days after the city has provided
14the notice under this subd. 2. a., the place, structure, or object may be designated as
15proposed. In the case of a proposed historic district establishment, if a majority of
16the owners of principal structures, counting one vote per principal structure, who
17have cast votes within 60 days after the city has provided the notice under this subd.
182. a. have voted in favor of the establishment of the district, the district may be
19established as proposed. Except as provided in this subdivision, if the city is not
20permitted to designate a landmark or establish a district under this subd. 2. a., the
21city may not require or prohibit any action by an owner of the place, structure, or
22object related to the preservation of special character, historic or aesthetic interest,
23or any other significant value of the place, structure, or object without the consent
24of the owner. This subdivision does not affect the terms of any agreement between
25the owner of a place, structure, or object and the city. If the city is not permitted to

1designate a landmark or establish a district under this subd. 2. a., the city may not
2propose the designation of the same historic landmark or establishment of the same
3historic district for one year.
AB568-ASA2,8,64 b. If, under subd. 2. a., a place, structure, or object is designated a historic
5landmark or included within a historic district, the designation or inclusion of the
6place, structure, or object may not be terminated without the consent of the city.
AB568-ASA2,8,117 c. If any person has received a tax credit related to historic preservation of the
8place, structure, or object or if the place, structure, or object is listed in the national
9register of historic places in Wisconsin or the state register of historic places, a vote
10by the owner of the place, structure, or object against designation or establishment
11may not be counted under subd. 2. a.
AB568-ASA2,8 12Section 8. 66.0104 (2) (e) of the statutes is created to read:
AB568-ASA2,8,1413 66.0104 (2) (e) No city, village, town, or county may enact an ordinance that
14does any of the following:
AB568-ASA2,8,1815 1. Requires that a rental property or rental unit be inspected except upon a
16complaint by any person, as part of a program of regularly scheduled inspections
17conducted in compliance with s. 66.0119, as applicable, or as required under state or
18federal law.
AB568-ASA2,8,2019 2. Charges a fee for conducting an inspection of a residential rental property
20unless all of the following are satisfied:
AB568-ASA2,8,2121 a. The amount of the fee is uniform for residential rental inspections.
AB568-ASA2,8,2222 b. The fee is charged at the time that the inspection is actually performed.
AB568-ASA2,8,2423 3. Charges a fee for a subsequent reinspection of a residential rental property
24that is more than twice the fee charged for an initial reinspection.
AB568-ASA2,9,5
14. Except as provided in this subdivision, requires that a rental property or
2rental unit be certified, registered, or licensed. A city, village, town, or county may
3require that a rental unit be registered if the registration consists only of providing
4the name of the owner and an authorized contact person and an address and
5telephone number at which the contact person may be contacted.
AB568-ASA2,9 6Section 9. 66.0104 (2) (f) of the statutes is created to read:
AB568-ASA2,9,87 66.0104 (2) (f) No city, village, town, or county may impose an occupancy or
8transfer of tenancy fee on a rental unit.
AB568-ASA2,10 9Section 10. 66.0104 (2) (g) of the statutes is created to read:
AB568-ASA2,9,1310 66.0104 (2) (g) 1. Except as provided in subds. 2. and 3., no city, village, town,
11or county may enact an ordinance that requires a residential rental property owner
12to register or obtain a certification or license related to owning or managing the
13residential rental property.
AB568-ASA2,9,1614 2. Subdivision 1. does not apply to an ordinance that applies uniformly to all
15residential rental property owners, including owners of owner-occupied rental
16property.
AB568-ASA2,9,2017 3. Subdivision 1. does not prohibit a city, village, town, or county from requiring
18that a landlord be registered if the registration consists only of providing the name
19of the landlord and an authorized contact person and an address and telephone
20number at which the contact person may be contacted.
AB568-ASA2,11 21Section 11. 66.0104 (3) (c) of the statutes is created to read:
AB568-ASA2,9,2422 66.0104 (3) (c) If a city, village, town, or county has in effect on the effective date
23of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
24(2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
AB568-ASA2,12 25Section 12. 66.0809 (9) of the statutes is amended to read:
AB568-ASA2,10,5
166.0809 (9) A municipal utility is not required to offer a customer who is a
2tenant at a rental dwelling unit a deferred payment agreement. Notwithstanding.
3ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a
4municipal utility to offer or not offer a deferred payment agreement does not require
5approval, and is not subject to disapproval, by the public service commission.
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