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HomeMy WebLinkAboutItem 5 - WI Act 317 T TU ,$fafr of Wisronsi pORM�ARD I Date of enactment: April 16, 2018 2017 Assembly Bill 771 Date of publication*: April 17, 2018 2017 WISCONSIN ACT 317 AN ACT to repeal 66.0104(2)(d)2.c.,66.0104(2)(g)and 106.50(2r)(bm);to renumber 66.0104(1)(a),704.17 (1)and 799.06(3);to renumber and amend 66.0809 (5) (am)and 704.07 (3) (a);to amend 59.69(4m)(a),60.64 (1),62.23 (7)(em) 1.,66.0104(2)(e) 1.,66.0104(2)(e)2. a., 66.0104(2)(e)4., 66.0104(3)(c),66.0602(2m)(b) 2., 66.0602(2m)(b)3., 66.0809(3m) (a), 66.0809(5)(b), 66.0821 (4)(a), 101.132(2)(a)(intro.), 106.50(2r)(c), 175.403(2), 196.643(title),704.07(4),799.206(3),799.40(4)(a)and 802.05(2m);and to create 59.69(4m)(bm), 60.64(2m),62.23(7)(em)2m.,66.0104(1)(ah),66.0104(2)(e)lm.,66.0104(2)(e)2.am.,66.0104(2m),66.0628 (2m),68.125, 101.02(7w), 106.50(lm)(im), 106.50(lm)(mx), 106.50(2r)(bg)and(br), 196.643(3), 196.643(4), 704.07(3)(a) 1. and 2.,704.07(5),704.085,704.10,704.17(lg),704.17(4m),758.20,799.06(3)(b),799.40(lg) and 799.40(Is)of the statutes;relating to: the authority of political subdivisions to regulate rental properties and historic properties and of municipalities to inspect dwellings,public utility service to rental dwelling units,landlord and tenant regulations, fees imposed by a political subdivision, certain levy limit reductions, certain procedural changes in eviction actions,information available on the consolidated court automated Internet site,discrimination in housing against individuals who keep certain animals,falsely claiming an animal to be a service animal,municipal administrative procedure,enforcement of the rental unit energy efficiency program, and providing penalties. The people of the state of Wisconsin, represented in and establish historic districts. Subject to pars. (b) senate and assembly, do enact as follows: and(bm),the county may regulate all historic landmarks SECTION 1. 59.69(4m)(a)of the statutes is amended and all property within each historic district to preserve to read: the historic landmarks and property within the district 59.69 (4m) (a) Subject to W.bars. (b) and(bm), a and the character of the district. county,as an exercise of its zoning and police powers for SECTION 2. 59.69(4m)(bm)of the statutes is created the purpose of promoting the health, safety and general to read: welfare of the community and of the state,may regulate 59.69 (4m) (bm) In the repair or replacement of a by ordinance any place,structure or object with a special property that is designated as a historic landmark or character,historic interest,aesthetic interest or other Sig- included within a historic district or neighborhood con- nificant value, for the purpose of preserving the place, servation district under this subsection, a county shall structure or object and its significant characteristics. permit an owner to use materials that are similar in Subject to pars. (b)•(bm),and(c),the county may create design,color, scale, architectural appearance, and other a landmarks commission to designate historic landmarks visual qualities. * Section 991.11, WISCONSIN STATUTES: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication." 2017 Wisconsin Act 317 - 2 - 2017 Assembly Bill 771 SECTION 3. 60.64 (1) of the statutes is amended to servation district under this paragraph,a city shall allow read: an owner to use materials that are similar in design,color, 60.64(1) Subject to subs.(2)and(2m),the town scale, architectural appearance, and other visual quali- board,in the exercise of its zoning and police powers for ties. the purpose of promoting the health, safety and general SECTION 7. 66.0104(1) (a)of the statutes is renum- welfare of the community and of the state,may regulate bered 66.0104(1)(ax). any place,structure or object with a special character,his- SECTION 8. 66.0104(1)(ah)of the statutes is created toric interest, aesthetic interest or other significant value to read: for the purpose of preserving the place,structure or object 66.0104(1)(ah) "Habitability violation"means any and its significant characteristics. Subject to subs. (2), of the following conditions if the condition constitutes an (2m), and (3), the town board may create a landmarks ordinance violation: commission to designate historic landmarks and estab- 1. The rental property or rental unit lacks hot or cold lish historic districts. Subject to subs. (2)and(2m), running water. the board may regulate all historic landmarks and all 2. Heating facilities serving the rental property or property within each historic district to preserve the his- rental unit are not in safe operating condition or are not toric landmarks and property within the district and the capable of maintaining a temperature,in all living areas character of the district. of the property or unit, of at least 67 degrees Fahrenheit SECTION 4. 60.64 (2m) of the statutes is created to during all seasons of the year in which the property or unit read: may be occupied. Temperatures in living areas shall be 60.64(2m) In the repair or replacement of a property measured at the approximate center of the room,midway that is designated as a historic landmark or included between floor and ceiling. within a historic district or neighborhood conservation 3. The rental property or rental unit is not served by district under this section,the town board shall allow an electricity, or the electrical wiring, outlets, fixtures, or owner to use materials that are similar in design, color, other components of the electrical system are not in safe scale, architectural appearance, and other visual quali- operating condition. ties. 4. Any structural or other conditions in the rental SECTION 5. 62.23 (7) (em) 1. of the statutes is property or rental unit that constitute a substantial hazard amended to read: to the health or safety of the tenant,or create an unreason- 62.23(7)(em)1. Subject to subd subds.2. and 2m., able risk of personal injury as a result of any reasonably a city, as an exercise of its zoning and police powers for foreseeable use of the property or unit other than negli- the purpose of promoting the health, safety and general gent use or abuse of the property or unit by the tenant. welfare of the community and of the state,may regulate 5. The rental property or rental unit is not served by by ordinance, or if a city contains any property that is plumbing facilities in good operating condition. listed on the national register of historic places in Wis- 6. The rental property or rental unit is not served by consin or the state register of historic places shall, not sewage disposal facilities in good operating condition. later than 1995,enact an ordinance to regulate,any place, 7. The rental property or rental unit lacks working structure or object with a special character, historic, smoke detectors or carbon monoxide detectors. archaeological or aesthetic interest, or other significant 8. The rental property or rental unit is infested with value, for the purpose of preserving the place, structure rodents or insects. or object and its significant characteristics. Subject to 9. The rental property or rental unit contains exces- subds.2..2m.,and 3.,a city may create a landmarks com- sive mold. mission to designate historic or archaeological land- SECTION 9. 66.0104 (2) (d) 2. c. of the statutes is marks and establish historic districts. Subject to subd repealed. subds.2.and 2m.,the city may regulate,or if the city con- SECTION 10. 66.0104 (2) (e) 1. of the statutes is tains any property that is listed on the national register of amended to read: historic places in Wisconsin or the state register of his- 66.0104(2) (e) 1. Requires that a rental property or toric places shall regulate, all historic or archaeological rental unit be inspected except upon a complaint by any landmarks and all property within each historic district to person, as part of a program of regularly whoa„1 oa preserve the historic or archaeological landmarks and inspections ;,, oomplianoe with under subd. property within the district and the character of the dis- lm.,under s. 66.0119,as a�e,or as required under trict. state or federal law. SECTION 6. 62.23(7)(em)2m. of the statutes is cre- SECTION 11. 66.0104(2)(e)lm.of the statutes is cre- ated to read: ated to read: 62.23(7)(em)2m. In the repair or replacement of a 66.0104(2) (e) lm. A city,village,town, or county property that is designated as a historic landmark or may establish a rental property inspection program under included within a historic district or neighborhood con- this subdivision. Under the program,the governing body 2017 Assembly Bill 771 — 3 — 2017 Wisconsin Act 317 of the city, village, town, or county may designate dis- no habitability violation is discovered during the inspec- tricts in which there is evidence of blight,high rates of tion or,if a violation is discovered during the inspection, building code complaints or violations, deteriorating the violation is corrected within the period established by property values,or increases in single—family home con- the city,village,town,or county under subd. lm. No fee versions to rental units. A city,village,town,or county may be charged for an inspection of the exterior and com- may require that a rental property or rental unit located in mon areas if the property owner voluntarily allows access a district designated under this subdivision be initially for the inspection and no habitability violation is discov- inspected and periodically inspected. If no habitability ered during the inspection or,if a violation is discovered violation is discovered during a program inspection or if during the inspection, the violation is corrected within a habitability violation is discovered during a program the period established by the city,village,town,or county inspection and the violation is corrected within a period under subd. lm. No fee may be charged for a reinspection of not less than 30 days established by the city,village, that occurs after a habitability violation has been cor- town,or county,the city,village,town,or county may not rected. No fee may be charged to a property owner if a perform a program inspection of the property for at least program inspection does not occur because an occupant 5 years. If a habitability violation is discovered during a of the property does not allow access to the property. program inspection and the violation is not corrected Annually, a city, village, town, or county may increase within the period established by the city,village,town,or the fee amounts under this subd.2.a.by not more than the county,the city,village,town,or county may require the percentage change in the U.S. consumer price index for rental property or unit to be inspected annually under the all urban consumers,U.S.city average,as determined by program. If a habitability violation is discovered during the federal department of labor, for the previous year or an inspection conducted upon a complaint and the viola- 2 percent,whichever is greater. tion is not corrected within a period of not less than 30 SECTION 13. 66.0104(2)(e)2. am. of the statutes is days established by the city,village,town,or county,the created to read: city,village,town,or county may require the rental prop- 66.0104(2)(e)2.am. The amount of the fee does not erty or unit to be inspected annually under the program. exceed$150 for an inspection under s. 66.0119, except If,at a rental property or unit subject to annual program that if a habitability violation is discovered during the inspections,no habitability violation is discovered dur- inspection and the violation is not corrected within a ing 2 consecutive annual program inspections, the city, period of not less than 30 days established by the city,vil- village,town,or county,except as provided in this subdi- lage,town,or county,the fee may not exceed$300. No vision, may not perform a program inspection of the fee may be charged for an inspection under s. 66.0119 if property for at least 5 years. No rental property or unit no habitability violation is discovered. Annually,a city, that is less than 8 years old may be inspected under this village, town, or county may increase the fee amounts subdivision. A city,village,town,or county may provide under this subd. 2. am.by not more than the percentage a period of less than 30 days for the correction of a habit- change in the U.S. consumer price index for all urban ability violation under this subdivision if the violation consumers,U.S.city average, as determined by the fed- exposes a tenant to imminent danger. A city, village, eral department of labor, for the previous year or 2 per- town, or county shall provide an extension to the period cent,whichever is greater. for correction of a habitability violation upon a showing SECTION 14. 66.0104 (2) (e) 4. of the statutes is of good cause. A city,village,town,or county shall pro- amended to read: vide in a notice of a habitability violation an explanation 66.0104(2)(e)4. Except as provided in this subdivi- of the violation including a specification of the violation sion,requires that a rental property or rental unit be certi- and the exact location of the violation. No inspection of fied,registered, or licensed or requires that a residential a rental unit may be conducted under this subdivision if rental property owner register or obtain a certification or the occupant of the unit does not consent to allow access license related to owning or managing the residential unless the inspection is under a special inspection war- rental property. A city, village, town, or county may rant under s. 66.0119. require that a rental unit or residential rental property SECTION 12. 66.0104 (2) (e) 2. a. of the statutes is owner be registered if the registration op7w;its requires amended to read: only of pr-o idii4g the one name of4h€an owner w4d w4 or 66.0104(2)(e)2.a. The amount of the fee is, f^rm authorized contact person and an address aff4,telephone for- osidei4t a r-ei4tal 44speo does not exceed$75 for number, and, if available, an electronic mail address or an inspection of a vacant unit under subd. lm. or an other information necessary to receive communications inspection of the exterior and common areas of a property by other electronic means at which the oontaot person under subd. lm.,$90 for any other initial program inspec- may be contacted. No city, village, town, or county, tion under subd. lm.,or$150 for any other 2nd or subse- except a 1st class city,may charge a fee for registration quent program inspection under subd. lm. No fee may under this subdivision except a one—time registration fee be charged for a program inspection under subd. lm. if that reflects the actual costs of operating a registration 2017 Wisconsin Act 317 - 4 - 2017 Assembly Bill 771 program,but that does not exceed$10 per building, and standards unless the political subdivision first notifies the a one-time fee for the registration of a change of owner- person against whom the fee or charge is to be imposed ship or management of a building or change of contact that the fee or charge may be imposed. If the notice information for a building that reflects the actual and relates to a building that is not owner-occupied, the direct costs of registration,but that does not exceed$10 notice shall be provided to the owner by 1st class mail or per building. electronic mail. If the owner of a property provides an SECTION 15. 66.0104 (2) (g) of the statutes is electronic mail address to a political subdivision, the repealed. political subdivision may not impose a fee or charge SECTION 16. 66.0104 (2m)of the statutes is created related to the political subdivision enforcing an ordi- to read: nance related to noxious weeds,electronic waste,or other 66.0104(2m) If a city,village, town, or county has building or property maintenance standards at that prop- in effect an ordinance that authorizes the inspection of a erty unless the political subdivision first notifies the rental property or rental unit upon a complaint from an owner of the property using the electronic mail address inspector or other employee or elected official of the city, provided. This subsection does not apply to a fee or village,town,or county,the city,village,town,or county charge related to the clearing of snow or ice from a side- shall maintain for each inspection performed upon a walk or to an ordinance violation that creates an immedi- complaint from an employee or official a record of the ate danger to public health, safety, or welfare. name of the person making the complaint,the nature of SECTION 21. 66.0809 (3m) (a) of the statutes is the complaint, and any inspection conducted upon the amended to read: complaint. 66.0809 (3m) (a) If sub. (5) applies, the municipal SECTION 17. 66.0104 (3) (c) of the statutes is utility is complying with sub. (5)(am)1.,and a notice of amended to read: arrears under sub.(3)(a)is given or past-due charges are 66.0104(3)(c) If a city,village,town,or county has certified to the comptroller under s. 62.69(2)(f), on the in effect on March 2,2016,an ordinance that is inconsis- date the notice of arrears is given,or the past-due charges tent with sub.(2)(e}or(f),4P-(g}the ordinance does not are certified under s. 62.69 (2) (f),the municipality has apply and may not be enforced. a lien upon the assets of each tenant of a rental dwelling SECTION 18. 66.0602 (2m) (b) 2. of the statutes is unit who is responsible for arrears in the amount of the amended to read: arrears, including any penalty assessed pursuant to the 66.0602(2m) (b)2. Except as provided in subd.4., rules of the utility. if a political subdivision receives revenues that are desig- SECTION 22. 66.0809 (5) (am) of the statutes is nated to pay for a covered service that was funded in 2013 renumbered 66.0809(5)(am) 1. and amended to read: by the levy of the political subdivision,the political sub- 66.0809(5)(am) 1. A municipal public utility shall division shall reduce its levy limit in the current year by send bills for water or electric service to a customer who an amount equal to the estimated amount of fee revenue is a tenant in the tenant's own name. collected for providing the covered service,less any pre- 2. If a customer who is a tenant vacates his or her vious reductions made under this subdivision, not to rental dwelling unit,and the owner of the rental dwelling exceed the amount funded in 2013 by the levy of the unit provides the municipal public utility,no later than 21 political subdivision. days after the date on which the tenant vacates the rental SECTION 19. 66.0602 (2m) (b) 3. of the statutes is dwelling unit, with a written notice that contains a for- amended to read: warding address for the tenant and the date that the tenant 66.0602(2m) (b) 3. Except as provided in subd.4., vacated the rental dwelling unit,the utility shall continue if a political subdivision receives payments in lieu of to send past-due notices to the customer at his or her for- taxes that are designated to pay for a covered service that warding address until the past-due charges are paid or was funded in 2013 by the levy of the political subdivi- until notice has been provided under sub. (3) (a) or the sion,the political subdivision shall reduce its levy limit past-due charges have been certified to the comptroller in the current year by the estimated amount of payments under s. 62.69(2)(f). in lieu of taxes received by the political subdivision to SECTION 23. 66.0809 (5) (b) of the statutes is pay for the covered service,less any previous reductions amended to read: made under this subdivision, not to exceed the amount 66.0809 (5) (b) A municipal public utility may use funded in 2013 by the levy of the political subdivision. sub. (3) or,if s. 62.69 applies, s. 62.69(2) (f),to collect SECTION 20. 66.0628 (2m)of the statutes is created arrearages incurred after the owner of a rental dwelling to read: unit has provided the utility with written notice under par. 66.0628 (2m) A political subdivision may not (a)if the municipal public utility is complying with par. impose a fee or charge related to the political subdivision (am) 1. and serves notice of the past-due charges on the enforcing an ordinance related to noxious weeds, elec- owner of the rental dwelling unit within 14 days of the tronic waste, or other building or property maintenance date on which the tenant's charges became past due. The 2017 Assembly Bill 771 — 5 — 2017 Wisconsin Act 317 municipal public utility shall serve notice in the manner not trained to perform tasks for the benefit of an individ- provided in s. 801.14(2). ual with a disability. SECTION 24. 66.0821 (4) (a) of the statutes is SECTION 29. 106.50(lm)(mx)of the statutes is cre- amended to read: ated to read: 66.0821(4)(a) The governing body of the municipal- 106.50 (lm) (mx) "Licensed health professional" ity may establish sewerage service charges in an amount means a physician,psychologist,social worker, or other to meet all or part of the requirements for the construc- health professional who satisfies all of the following: tion,reconstruction,improvement,extension, operation, 1. He or she is licensed or certified in this state. maintenance, repair, and depreciation of the sewerage 2. He or she is acting within the scope of his or her system,and for the payment of all or part of the principal license or certification. and interest of any indebtedness incurred for those pur- SECTION 30. 106.50(2r)(bg)and(br)of the statutes poses,including the replacement of funds advanced by or are created to read: paid from the general fund of the municipality. Service 106.50 (2r) (bg) Animals that do work or perform charges made by a metropolitan sewerage district to any tasks for individuals with disabilities. 1. If an individual town,village,or city shall be levied by the town,village, has a disability and a disability—related need for an ani- or city against the individual sewer system users within mal that is individually trained to do work or perform the corporate limits of the municipality, and the munici- tasks for the individual,it is discrimination for a person pality shall collect the charges and promptly remit them to refuse to rent or sell housing to the individual,cause the to the metropolitan sewerage district. Delinquent eviction of the individual from housing, require extra charges shall be collected in accordance with sub.(4)(d). compensation from the individual as a condition of con- The governing body of a municipality may not establish tinued residence in housing,or engage in the harassment any charge under this paragraph that is not related to pro- of the individual because he or she keeps such an animal. viding sewerage service. 2. If an individual keeps or is seeking to keep an ani- SECTION 25. 68.125 of the statutes is created to read: mal that is individually trained to do work or perform 68.125 Refund of fees. If in an administrative appeal tasks in housing,an owner,lessor,lessor's agent,owner's under s. 68.10, the municipal authority's order is over- agent, or representative of a condominium association turned or the municipal authority withdraws the order may request that the individual submit to the owner, that was the subject of the appeal, the municipality and lessor, agent, or representative reliable documentation municipal authority shall refund any fee paid to it by the appellant as a condition of filing the appeal. that the individual has a disability and reliable documen- SECTION 26. clition of filing of the statutes is created to tation of the disability—related need for the animal,unless read: the disability is readily apparent or known. If the disabil- 101.02(7w)(a) In this subsection,"aesthetic consid- ity is readily apparent or known but the disability—related erations"means considerations relating to color and tex- need for the animal is not, the individual may be tore and design considerations that do not relate to health requested to submit reliable documentation of the dis- or safety. ability—related need for the animal. (b) Notwithstanding subs. (7) (a) and (7r), no city, 3. An individual with a disability who keeps an ani- village, or town may enact or enforce an ordinance, or mal that is individually trained to do work or perform otherwise impose any requirement, that includes aes- tasks in housing shall accept liability for sanitation with thetic considerations for purposes of inspection criteria respect to,and damage to the premises caused by,the ani- for the interior of any structure or part of a structure that mal. is used or intended to be used as a home,residence, or 4. Nothing in this subsection prohibits an owner, sleeping place. lessor,lessor's agent,owner's agent,or representative of SECTION 27. 101.132(2)(a)(intro.)of the statutes is a condominium association from denying an individual amended to read: the ability to keep an animal in housing if any of the fol- 101.132(2) (a) Design and construction of covered lowing applies: multifamily housing. (intro.) In addition to discrimina- a. The individual is not disabled,does not have a dic- tion prohibited under s. 106.50 (2), (2m) and (2r) (b), ability—related need for the animal,or fails to provide the and{lam) bar , no person may design or construct documentation requested under subd 2. covered multifamily housing unless it meets all of the fol- b. Allowing the animal would impose an undue lowing standards: financial and administrative burden or would fundamen- SECTION 28. 106.50(lm)(im)of the statutes is cre- tally alter the nature of services provided by the lessor, ated to read: owner, or representative. 106.50(lm)(im) "Emotional support animal"means c. The specific animal in question poses a direct an animal that provides emotional support,well—being, threat to a person's health or safety that cannot be reduced comfort, or companionship for an individual but that is or eliminated by another reasonable accommodation. 2017 Wisconsin Act 317 — 6 — 2017 Assembly Bill 771 d. The specific animal in question would cause sub- SECTION 31. 106.50 (2r) (bm) of the statutes is stantial physical damage to a person's property that can- repealed. not be reduced or eliminated by another reasonable SECTION 32. 106.50 (2r) (c) of the statutes is accommodation. amended to read: (br) Emotional support animals. 1. If an individual 106.50(2r) (c) Design and construction of covered has a disability and a disability—related need for an emo- multifamily housing. In addition to discrimination pro- tional support animal,it is discrimination for a person to hibited under pars. (b), ft and{lam}(br) and subs. (2) refuse to rent or sell housing to the individual,cause the and (2m), no person may design or construct covered eviction of the individual from housing, require extra multifamily housing, as defined in s. 101.132 (1) (d), compensation from the individual as a condition of con- unless it meets the standards specified in s. 101.132(2) tinued residence in housing,or engage in the harassment (a)1.to 4. In addition,no person may remodel,as defined of the individual because he or she keeps such an animal. in s. 101.132 (1) (h), housing with 3 or more dwelling 2. If an individual keeps or is seeking to keep an emo- units unless the remodeled housing meets the standards tional support animal in housing, an owner, lessor, specified in s. 101.132 (2) (a) 1. to 4. as required under lessor's agent,owner's agent,or representative of a con- s. 101.132(2)(b) 1.,2. or 3.,whichever is applicable. dominium association may request that the individual SECTION 33. 175.403 (2)of the statutes is amended submit to the owner,lessor,agent, or representative reli- to read: able documentation that the individual has a disability 175.403(2) By July 1,2018,each law enforce- and reliable documentation of the disability—related need ment agency shall have a written policy regarding the for the emotional support animal from a licensed health investigation of complaints alleging a violation of s. professional. 943.14. The policy shall require a law enforcement offi- 3. An individual with a disability who keeps an emo- cer who has probable cause to arrest a person for a viola- tional support animal in housing shall accept liability for tion of s. 943.14 to remove the person from a dwelling. sanitation with respect to, and damage to the premises SECTION 34. 196.643 (title) of the statutes is caused by,the animal. amended to read: 4. Nothing in this subsection prohibits an owner, 196.643 (title) Owner responsibility for Public lessor,lessor's agent,owner's agent,or representative of utility service to rental dwelling unit. a condominium association from denying an individual SECTION 35. 196.643(3)of the statutes is created to the ability to keep an animal in housing if any of the fol- read: lowing applies: 196.643(3) NOTIFICATIONS;ELECTRIC SERVICE. (a) If a. The individual is not disabled,does not have a dis- requested by the owner of a rental dwelling unit and ability—related need for the animal,or fails to provide the authorized by the tenant residing in the unit as provided documentation requested under subd 2. in par. (b),all of the following apply to the public utility b. Allowing the animal would impose an undue that provides electric service to the tenant: financial and administrative burden or would fundamen- 1. The public utility shall notify the owner in the same tally alter the nature of services provided by the lessor, manner as the tenant of any pending disconnection of ser- owner, or representative. vice to the unit that is due to nonpayment of past due c. The specific animal in question poses a direct charges. threat to a person's health or safety that cannot be reduced 2. The public utility may provide information about or eliminated by another reasonable accommodation. the status of a disconnection described in subd. 1. to the d. The specific animal in question would cause sub- owner by telephone. stantial physical damage to a person's property that can- (b) A public utility or owner may obtain from a tenant not be reduced or eliminated by another reasonable the authorization required under par. (a), except that an accommodation. owner must obtain the authorization in a separate written 5. An individual shall forfeit not less than$500 if he document. or she,for the purpose of obtaining housing,intentionally SECTION 36. 196.643(4)of the statutes is created to misrepresents that he or she has a disability or misrepre- read: sents the need for an emotional support animal to assist 196.643(4) RESUMPTION of SERVICE. No public util- with his or her disability. ity may require the owner of a rental dwelling unit to pro- 6. A licensed health professional shall forfeit not less vide proof of eviction or other evidence that a tenant has than $500 if he or she, for the purpose of allowing the vacated the unit as a condition for providing or resuming patient to obtain housing, misrepresents that his or her public utility service to the unit if the service is placed and patient has a disability or misrepresents his or her maintained solely in the owner's name. patient's need for an emotional support animal to assist SECTION 37. 704.07(3)(a)of the statutes is renum- with his or her patient's disability. bered 704.07(3)(a)(intro.)and amended to read: 2017 Assembly Bill 771 — 7 — 2017 Wisconsin Act 317 704.07 (3) (a) (intro.) If the premises are damaged, 704.085 Credit and background checks. (1) (a) including by an infestation of insects or other pests,due Except as provided under par. (b),a landlord may require to the acts or inaction of the tenant,the landlord may elect a prospective tenant to pay the landlord's actual cost,up to allow the tenant to remediate or repair the damage and to$25,to obtain a consumer credit report on the prospec- restore the appearance of the premises by redecorating. tive tenant from a consumer credit reporting agency that However,the landlord may elect to undertake the remedi- compiles and maintains files on consumers on a nation- ation,repair,or redecoration, and in such case the tenant wide basis. The landlord shall notify the prospective ten- must reimburse the landlord for the reasonable cost ant of the charge before requesting the consumer credit thereof;the cost to the landlord is presumed reasonable report, and shall provide the prospective tenant with a unless proved otherwise by the tenant. Reasonable costs copy of the report. include any of the following: (b) A landlord may not require a prospective tenant SECTION 38. 704.07(3)(a)1.and 2.of the statutes are to pay for a consumer credit report under par.(a)if,before created to read: the landlord requests a consumer credit report, the 704.07 (3) (a) 1. Materials provided or labor per- prospective tenant provides the landlord with a consumer formed by the landlord. credit report, from a consumer credit reporting agency 2. At a reasonable hourly rate, time the landlord that compiles and maintains files on consumers on a spends doing any of the following: nationwide basis,that is less than 30 days old. a. Purchasing or providing materials. (2) A landlord may require a prospective tenant who b. Supervising an agent of the landlord. is not a resident of this state to pay the landlord's actual c. Hiring a 3rd—party contractor. cost, up to $25, to obtain a background check on the SECTION 39. 704.07(4)of the statutes is amended to prospective tenant. The landlord shall notify the read: prospective tenant of the charge before requesting the 704.07 (4) UNTENANTABILITY If the premises background check and shall provide the prospective ten- become untenantable because of damage by fire,water, ant with a copy of the report. or other casualty or because of any condition hazardous SECTION 42. 704.10 of the statutes is created to read: to health, or if there is a substantial violation of sub. (2) 704.10 Electronic delivery. A rental agreement may materially affecting the health or safety of the tenant,the include a provision that permits the landlord to provide tenant may remove from the premises unless the landlord and indicate agreement by electronic means any of the proceeds promptly to repair or rebuild or eliminate the following: health hazard or the substantial violation of sub.(2)mate- (1) A copy of the rental agreement and any document rially affecting the health or safety of the tenant; or the related to the rental agreement. tenant may remove if the inconvenience to the tenant by (2) A security deposit and any documents related to reason of the nature and period of repair,rebuilding,or the accounting and disposition of the security deposit and elimination would impose undue hardship on the tenant. security deposit refund. If the tenant remains in possession and the condition (3) A promise made before the initial rental agree- materially affects the health or safety of the tenant or sub- ment to clean,repair, or otherwise improve any portion stantially affects the use and occupancy of the premises, of the premises. rent abates to the extent the tenant is deprived of the full (4) Advance notice of entry under s.704.05(2). normal use of the premises. This section does not autho- SECTION 43. 704.17(1)of the statutes is renumbered rize rent to be withheld in full, if the tenant remains in 704.17(lp). possession. If the tenant justifiably moves out under this SECTION 44. 704.17(lg)of the statutes is created to subsection, the tenant is not liable for rent after the read: premises become untenantable and the landlord must 704.17 (1g) DEFINITION. In this section, "rent" repay any rent paid in advance apportioned to the period includes any rent that is past due and any late fees owed after the premises become untenantable. This subsection for rent that is past due. is inapplicable if the damage or condition is caused by SECTION 45. 704.17(4m)of the statutes is created to negligence or improper use by the tenant. read: SECTION 40. 704.07 (5) of the Statutes is created to 704.17 (4m) EFFECT OF INCORRECT AMOUNT IN read: NOTICE. A notice for failure to pay rent or any other 704.07 (5) RESTRICTION OF REGULATION OF ABATE- amount due under the rental agreement that includes an MENT. An ordinance enacted by a city,town,village, or incorrect statement of the amount due is valid unless any county regulating abatement of rent shall permit abate- of the following applies: ment only for conditions that materially affect the health (a) The landlord's statement of the amount due is or safety of the tenant or substantially affect the use and intentionally incorrect. occupancy of the premises. (b) The tenant paid or tendered payment of the SECTION 41. 704.085 of the statutes is created to read: amount the tenant believes to be due. 2017 Wisconsin Act 317 - 8 - 2017 Assembly Bill 771 SECTION 46. 758.20 of the statutes is created to read: SECTION 51. 799.40(Is)of the statutes is created to 758.20 Consolidated court automation programs. read: (1) In this Section, "Wisconsin Circuit Court Access 799.40(1s) NO WAIVER BY LANDLORD OR TENANT. It Internet site"means the Internet site of the consolidated shall not be a defense to an action of eviction or a claim court automation programs,which is the statewide elec- for damages that the landlord or tenant has previously tronic circuit court case management system established waived any violation or breach of any of the terms of the under s.758.19(4)and maintained by the director of state rental agreement including,but not limited to,the accept- courts, that provides information regarding the cases ance of rent or that a custom or practice occurred or heard in the circuit courts. developed between the parties in connection with the (2) The director of state courts may not remove case rental agreement so as to waive or lessen the right of the management information from the Wisconsin Circuit landlord or tenant to insist upon strict performance of the Court Access Internet site for a civil case that is not a terms of the rental agreement. closed,confidential,or sealed case for the following peri- SECTION 52. 799.40(4)(a)of the statutes is amended ods: (a) If a writ of restitution has been granted in an evic- to read: tion action,a period of at least 10 years. 799.40(4)(a) The court shall stay the proceedings in (b) If an eviction action has been dismissed and no a civil action of eviction if the tenant applies for emer- money judgment has been docketed, a period of at least gency assistance under s.49.138 ,except that no staX 2 years. may be granted under this paragraph after a writ of resti- SECTION 47. 799.06(3)of the statutes is renumbered tution has been issued in the proceedings. If a stay is 799.06(3)(a). granted,the tenant shall inform the court of the outcome SECTION 48. 799.06(3)(b)of the statutes is created of the determination of eligibility for emergency assist- to read: ance. The stay remains in effect until the tenant's eligibil- 799.06(3)(b) A court may not require that a person ity for emergency assistance is determined and,if the ten- filing a summons or complaint under this chapter have ant is determined to be eligible,until the tenant receives the summons or complaint notarized. the emergency assistance, except that the stay may not SECTION 49. 799.206 (3) of the statutes is amended remain in effect for more than 10 working days, as to read: defined in s. 227.01 (14). 799.206(3) When all parties appear in person or by SECTION 53. 802.05(2m)of the statutes is amended their attorneys on the return date in an eviction,garnish- to read: ment, or replevin action and any party olaiR4s that raises 802.05(2m) ADDITIONAL REPRESENTATIONS TO COURT valid legal grounds for a contest Vis, the matter shall AS TO PREPARATION OF PLEADINGS OR OTHER DOCUMENTS. be forthwith scheduled for a hearing,to be held as soon An attorney may draft or assist in drafting a pleading, as possible before a judge and in the case of an eviction motion, or document filed by an otherwise self-repre- action,not more than 30 days after the return date. sented person. The attorney is not required to sign the SECTION 50. 799.40(lg)of the statutes is created to read: pleading, motion, or document. Any such document 799.40(lg) NOTICE TERMINATING TENANCY If a land- must contain a statement immediately adjacent to the per- lord gives a notice terminating tenancy under s.704.16, son's signature that"This document was prepared with 704.17, or 704.19 through certified mail in accordance the assistance of a lawyer.","followed by the name_of with s.704.21 (1)(d),proof of certified mailing from the attorney and the attorney's state bar number. The attor- United States post office shall be sufficient to establish ney providing such drafting assistance may rely on the that proper notice has been provided for the purpose of otherwise self-represented person's representation of filing a complaint or otherwise demonstrating that proper facts,unless the attorney has reason to believe that such notice has been given in an eviction action,and an affida- representations are false, or materially insufficient, in vit of service may not be requested to establish that which instance the attorney shall make an independent proper notice has been provided. reasonable inquiry into the facts. SECTION 54.Cross-reference changes. In the sections of the statutes listed in Column A,the cross-refer- ences shown in Column B are changed to the cross-references shown in column C: A B C Statute Sections Old Cross-Reference New Cross-Reference 704.17(3m)(b) 1. 704.17(1)(b) 704.17(lp) (b) 2017 Assembly Bill 771 — 9 — 2017 Wisconsin Act 317 710.15(5r) 704.17(1)(a) 704.17(lp) (a) 710.15(5r) 704.17(1)(b) 704.17(lp) (b) 893.34 704.17(1)(c) 704.17(lp) (c) SECTION 55.Nonstatutory provisions. (3) RENTAL UNIT ENERGY EFFICIENCY PROGRAM;STIPU- (1) RENTAL UNIT ENERGY EFFICIENCY PROGRAM; LATIONS AND WAIVERS VOID AND UNENFORCEABLE. A stip- ORDERS VOID AND UNENFORCEABLE. An order or Special ulation under Section 101.122 (4) (c) of the Statutes, as order issued before the effective date of this subsection repealed by 2017 Wisconsin Act 59, or a waiver under by the department of safety and professional services section 101.122 (4) (b) of the statutes, as repealed by under its authority under section 101.122 of the statutes, 2017 Wisconsin Act 59,entered into before the effective as repealed by 2017 Wisconsin Act 59,is void and unen- date of this subsection is void and unenforceable. forceable. SECTION 56.Initial applicability. (2) RENTAL UNIT ENERGY EFFICIENCY PROGRAM; (1) LANDLORD AND TENANT. The treatment of sec- ENFORCEMENT RELATED TO PRIOR VIOLATIONS. The depart- tions 704.085,704.10,and 704.17(1),(lg),and(4m)of ment of safety and professional services may not hold a the statutes first applies to rental agreements entered into hearing,issue a subpoena, issue a special order, or take or renewed on the effective date of this subsection. any other enforcement action related to a violation of sec- SECTION 57.Effective dates. This act takes effect on tion 101.122 of the statutes,as repealed by 2017 Wiscon- the day after publication,except as follows: sin Act 59, that occurs before the effective date of this (1) RENTAL UNIT ENERGY EFFICIENCY. SECTION 55(1), subsection. (2), and(3) of this act take effect on January 1,2018.