Wisconsin Hotel & Lodging Association

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WISCONSIN HOTEL & LODGING ASSOCIATION

2017/18 STATE ISSUES TRACKER

TRACKED BILLS PASSED INTO LAW - FINAL (As of 12/20/2018)

BILL INFO / ISSUE
SB 11
Sen. Kapenga
1/26/17
AB 25
Rep.Loudenbeck
1/18/17 / Employment of Minors
Removes the requirement that 16 and 17 year old minors must have a work permit. This would result in a loss to DWD of $350,000/year in revenue used to fund administration of rules regarding child labor. Also replaces reference to “child labor” with “employment of minors”.
Senate Amend. 1: expands authority for DWD to issue certificates of age to “individuals”, not just minors.
Governor signed into law (WI Act 11) on June 22, 2017.
SB15
Sen. LeMahieu
1/26/17
AB 42
Rep. Neylon
1/31/17 / “REINS” Act for Wisconsin
Mirroring a federal proposal, but at the state level, this proposal “reins in” the authority of state agencies setting rules that have a total impact of over $10 million on an industry or group over 2 years. Checks and balances include DOA review if the agency has the authority for such a rule, requires an economic impact analysis, and a preliminary public hearing and comment period on the front end of rule-making. Numerous amendments introduced.
Governor signed into law (WI Act 57) on August 9, 2017.
SB 30
AB 64
2/8/17 / State Budget Bill
Proposed by Governor Walker, this includes the Tourism and Transportation Budgets, along with all other agency budgets. The Tourism budget reflects a reduction of $260,000 the first year and $210,000 the second year, with a small portion of this (approx. $50,000) for a position shifting to DOA’s budget. Past earmarks expire July 1, 2017.
Governor signed into law (Wi Act 59) on September 21, 2017.
SB 49
Sen. Marklein
2/20/17
AB 123
Rep. Quinn3/2/17 / Broadband Grant Program Changes
Eliminates annual caps on the grants to enable the full funding to be tapped asap to expand broadband service, repeals the prioritization from areas with no broadband service providers to “unserved” areas that do not have internet service that is equal to 20% of broadband service speed and capability. Other DNR or DOT permit fees relating to this expansion are eliminated.
Note: The provisions of this legislation were included in the State Budget which was signed into law (WI Act 59) on September 21, 2017.
SB 69
Sen. Moulton
2/21/17
AB 100
Rep. Jarchow
2/24/17 / Elimination of Water Ski Observer Requirement
Authorizes the operation of a motorboat towing a person on water skis, aquaplane, or similar device, without requiring a second person in the boat to observe the person being towed, if the boat is equipped with a mirror enabling the operator with a wide view to the rear.
Assembly Amendment 2 added, specifying that a municipality may prohibit operation without a spotter on an inland lake with an active water safety patrol unit.
Governor signed into law (WI Act 163) on March 28, 2018.
SB 76
Sen. Fitzgerald
2/21/17
AB 105
Rep. Tauchen
3/1/17 / High Capacity Wells Regulations
Supported by Agriculture, WMC, WIB, opposed by environmentalists, and having a very controversial public hearing, this bill reduces the requirements for high capacity wells that are being repaired, maintained, constructed to prevent contamination, reconstructed within the same specs, or have an ownership transfer. Requires special study of Central Sands area with resulting recommendations from the DNR to the legislature over concerns on lake levels and the impact on fishing and tourism due to these wells. Amend. 4 revises special study areas.
Governor signed into law (WI Act 10) on June 1, 2017.
SB 89
Sen. Marklein
3/2/17
AB140
Rep. Novak
3/10/17 / Restaurant Definition Modification & Taxes on Telecommunications
Technical change to fix old definition used in error during the shift from DHS to DATCP, allows restaurants to keep their Class C wine licenses.
Also has a component stating that properties that resell services such as phone and internet are considered the consumer from a tax perspective, and that separate fees for services like this are independently subject to tax, which supports the separation of such charges from potential room tax. While this matches general practice already, apparently clarification was needed. The amendment does not appear to relate to hospitality.
Governor signed into law (WI Act 17) on June 21, 2017.
SB 110
Sen. Kapenga
3/16/17
AB170
Rep. Hutton
3/20/17 / Bus Shelters on State Highways Advertising
Currently no advertising on bus shelters on state highways are allowed. Outdoor advertisers are willing to construct a bus shelter provided they can offset costs with selling advertising. Hwy. 18 in Waukesha County provides bus transportation for employers, including lodging properties, but there are no shelters. This bill removes the advertising prohibition so shelters can be built at private expense. Senate Sub Amend. 1 provides minimal change.
Governor signed into law (WI Act 37) on August 2, 2017.
SB 202
4/20/17
Sen. Wanggaard
AB 275
4/24/17 Rep. Jacque / Liability for Underage Drinking
Intent is to make parents liable for underage drinking parties at their homes, however the language penalizes an adult from knowingly permitting or failing to take action to prevent underage drinking on property owned and occupied by the adult or occupied by the adult and under the adult’s control. The concern is a lodging property without a liquor license, with privacy issues for rooms.
Amendment 1 introduced to address our concerns
Governor signed into law (WI Act 126) on December 8, 2017.
SB 251
5/17/17
Sen. Olsen
AB 326
5/16/17
Rep. Kooyenga / Allowing Minors 15 years of age and older to be Lifeguards
Under DWD normal determination of ages for hazardous employment, it would require them to permit the employment of a minor 15 years old or more as a lifeguard, however they may also require completion of a course on life saving first. Amendment 1: Requires an adult to be on premise whenever a 15- year old lifeguard is on duty.
Governor signed into law (WI Act 153) on March 28, 2018.
SB 387
8/10/17
Sen. Tiffany
AB 479
8/24/17
Rep. Jarchow / Misc. Property Rights
Restricts prohibitions on substandard lots; prohibits municipalities from requiring a merger of two lots without owner consent, exempts self-contained private ponds five acres or less from navigable water and shoreland compliance; limits prohibitions against property owners where they can demonstrate it prevents them from use of the property, more…Due to the complexity of this bill and Sub. Amendment, the best summary is provided here:
Signed into Law by Governor on 11/27/17 (WI. Act 67)
SB 392
8/24/17
Sen. Marklein
AB 485
8/29/17
Rep. Novak / ATV’s & UTV’s on Highways
A municipality can authorize the use of ATV’s and UTV’s on certain highways within their boundaries, provided they are not part of the national system of interstate highways and have a speed limit of 35 mph or less.
Governor signed into law (WI Act 87) on November 30, 2017.
SB 394
8/24/17
Sen. Lasee
AB 483
8/29/17
Rep. Jagler / Uniform Dwelling Code Council Oversight of Building Inspectors
Eliminates the Building Inspector Review Board and transfers authority to the Uniform Dwelling Code Council to review and rule on complaints about building inspector actions. Two Senate Amendments allow for a narrow exception from certain standards based on religious beliefs and enable the Council to suspend an inspectors certification for negligent or unethical conduct.
Governor signed into law (WI Act 240) on April 3, 2018.
SB 399
9/6/17
Sen. Nass
AB 516
9/25/17
Rep. Kuglitsch / Unemployment Insurance Changes
Introduced at the request of the Department of Workforce Development. Expands liability for unpaid DWD debt under the UI law to individuals responsible; deletes requirement that for an owner/operator to be liable they must have 20% ownership; a claimant not complying with DWD request is ineligible from time of DWD’s questions; a claimant is totally ineligible for benefits for each week they conceal other payments.
Governor signed into law (WI Act 157) on March28, 2018.
SB 420
9/21/17
Sen. Marklein
AB 504
9/20/17
Rep. Novak / Child Labor Permits
Allows a minor to be employed without a child labor permit by a family business (defined as “a privately owned, in whole or in part, by one or more of the minor’s parents, guardians, or grandparents”
Substitute Amendment 1: allows a child of any age to work without a permit under the direct supervision of the minor’s parent or guardian in connection with the parent’s or guardians’ business, trade, or profession.
Governor signed into law (WI Act 168) on March28, 2018.
SB 432
10/9/17Sen. Marklein
AB 518
9/29/17
Rep. Tusler / Condo Disclosures
Caps fees a condo association can charge for disclosure materials to $30, while expanding the required information in the executive summary (information on reserves, if the assn.. has a right of first refusal to purchase units, if there is a fee for transferring ownership). Also requires information must be provided within 10 business days. Assn. must provide one free payoff statement within any 2 months and only charge up to $25 for additional. Liable for damages caused by failure to provide + $500. AssemblyAmendment 1: Increases cap from $30 to $50, requires written request for deadline to apply, reduces penalty for late Payoff Statement to actual damages OR $350, whichever is less, and eliminates further penalties.
Governor signed into law (WI Act 303) on April 17, 2018.
SB 495
10/27/17
Sen. Feyen
AB 595
10/27/17
Rep. Vorpagel / Removal of Non-Conforming Advertising Signs along Highways
Allows off-property signs lawfully erected but no longer conforming to be declared non-conforming but do not have to be removed unless: 1) a “substantial change” (such as increasing square footage, adding illumination, adding changeable message capability) is made to the sign, 2) if additional signs are erected, or 3) if the sign is considered “destroyed” (not by a criminal act)Amend.overview:
Governor signed into law (WI Act 320) on April 17, 2018.
SB 534
11/8/17
Sen. Feyen
AB 641
11/14/17
Rep. Hutton / Enabling DSPS to Authorize Municipalities to do Plan Review, Inspections, and Variances
codifies certain practices of the Department of Safety and Professional
Servicesrelating to delegation of plumbing and commercial building plan review and inspection to local units of government. The bill also creates an electronic renewal process for these delegations
Amendment 1: limits authority of certain local units of govt. to review building alterations to spaces involving less than 100,000 cubic feet of volume.
Governor signed into law (WI Act 198) on April 3, 2018.
SB 541
Sen. Wanggaard
11/20/17
AB 634
Rep. Kleefisch
11/10/17 / DOJ Administrative Subpoena’s for Hotels Relating to Trafficking
Enables the state Dept. of Justice (DOJ) to issue an administrative subpoena to a hotel to retain specific information on a guest suspected of Human Trafficking at the property. Formerly only allowed for suspected internet crimes against children relating to electronic communication services.
Two Assembly Amendments: #1 failed, #2 returned to author Rep. Goyke.
Governor signed into law (WI Act 173) on March 28, 2018.
SB 542
11/20/17
Sen. Kapenga
AB 710
12/4/17
Rep. Kerkman / Making UI Fraud Penalties the Same as for Theft
Current penalties for fraud on Unemployment Insurance claims is $100 - $500 or jail for 90 days. This increases penalties to be comparable to theft, with lowest penalties to not exceed $10,000 or 9 months imprisonment ranging up to maximum of a Class G felony.
Governor signed into law (WI Act 147) on March 28, 2018.
SB 634
12/7/17
Sen. Kapenga
AB 748
12/19/17
Rep. Hutton / EMPLOYMENT LAW STANDARDIZATION ACT
Would pre-empt municipalities from imposing more strict requirements than the state in the following areas: 1) Employee Benefits 2) Employee scheduling, hour, and overtime regulations 3) Wage Claims 4) Employment Discrimination(removed in first amendment) 5) Employers right to solicit salary history for prospective employees. Also prohibits local ordinances that: 1) require duplicative occupational licenses 2) requires a Minimum Wage for those currently exempt from prohibitions 3) Mandates Labor Peace Agreements. Two passed amendments offset each other, intended to help Foxconn, but not needed.
Governor signed into law (WI Act 327) on April 17, 2018.
SB 639
12/8/17
Sen. Lasee
AB 771
12/19/17
Rep. R Brooks / Elimination of Aesthetic Considerations in Local Inspections
While this has numerous considerations, the one impact that may impact the industry is the prohibition of aesthetic considerations (such as color or design) that do not impact safety, from consideration in local inspections of structures.
Amendments not related to above.
Governor signed into law (WI Act 317) on April 17, 2018.
SB 640
12/8/17
Sen. Lasee
AB 770
12/19/17
Rep. R Brooks / Prohibition on Limits on Bedroom Sizes or Quantities
Similar to the bill above, this has many components, but the portion with potential impact prohibits municipalities from regulating the size of bedrooms or limiting the number of bedrooms in a rental unit.
Due to the complexity of the amendments, see this 10-page overview:

Governor signed into law (WI Act 243) on April 3, 2018.
SB 668
12/21/17
Sen. Darling
AB 793
12/27/17
Rep. Rohrkaste / Increase Limits on Historic Tax Credits
In the state budget, the limit on Historic Tax Credits was reduced by the Governor in the Budget Veto process to $500,000 per project. This bill partially restores the limit to $3.5 million per project.
Governor signed into law (WI Act 280) on April 17, 2018.
SB 679
1/4/18
Sen. Feyen
AB 811
12/28/17
Rep. Rohrkaste / $6.8 Million in New Funding to Attract & Retain Wisconsin Workers
Adds funding for WEDC to develop and implement a marketing campaign to attract and retain workers for Wisconsin, with part earmarked for targeting veterans and expanding DWD’s job center capabilities
Governor signed into law (WI Act 318) on April 17, 2018.
SB 680
1/4/18
Sen. Darling
AB 813
1/5/18
Rep. Kooyenga / Repeal Requiring Wi. Center District to Take PAC from Mke. Cnty.
Repeals the current law from 2015 WI Act 60 that requires Milwaukee County to transfer the Marcus Center for the Performing Arts to the Wisconsin Center District under certain conditions.
Amend. 1 relates to the Milwaukee County Mental Health Board only.
Governor signed into law (WI Act 205) on April 3, 2018.
SB 730
1/26/18 Sen. Olsen
AB 818
1/8/18
Rep. Ballweg / Condo Law Changes
Creates procedure for condo association to raise funds for repair/replacement of common elements affected by a defect from initial construction, with certain conditions. Enables votes for condo declarations to be retained through first mortgagee if they don’t disapprove in 60 days, removes right of owner to vote if have outstanding assessments, allows process for a change from condominium form of ownership, and a process for determining ownership interests afterward.
Due to the numerous components covered in the Sub. Amend. see the overview:

Governor signed into law (WI Act 333) on April 17, 2018.
SB 748
1/29/18 Sen. Kapenga
AB 904
2/8/18
Rep. Ballweg / Carbon Monoxide Detectors in Commercial Residential Buildings
Requires that carbon monoxide detectors must be provided in units served by a fuel-burning, forced-air furnace, except that a carbon monoxide
detector is not required in each unit if: (1) one detector is provided in the first room or area served by each main duct leaving the furnace; and (2) the alarm signals are automatically transmitted to all units and to a designated facility that is continuously staffed by trained personnel who can notify the fire department. Senate Amendment 1expands this exception to also apply if: (1) one detector is provided in the first room or area served by each main duct leaving the furnace; and (2) a carbon monoxide detector is also installed in every fourth unit on the same floor.Senate Amendment 2generally requires that if DSPS has delegated building inspection authority to a local government, DSPS may not also perform inspections there, unless
specifically requested to do so.
Governor signed into law (WI Act 330) on April 17, 2018.
AB 220
4/10/17
Rep. BrookS / Elimination of Higher Lodging Per Diem Rates for UW Employees
The current authority of the UW System to determine their own rates for per diems, which currently allows up to the federal rates, would be replaced by a cap that says they cannot be higher than the current state lodging per diem rate.
Note: The provisions of this legislation were included in the State Budget which was signed into law (Wi Act 59) on September 21, 2017.