Dear WH&LA Lodging Member:
The race continues in the state legislature to move bills forward, try to stop the bad ones, review the extensive details in a number of multi-purpose bills with unrelated components, testify at hearings, register positions where we need to and much more as the end of session for the most part is weeks away.
Again, we are featuring below just some of the recent developments that you may find of interest. Please also note the deadline is today to register for the free update on Personal Property Tax for businesses in municipalities imposing this tax.
Personal Property Tax Law Changes Impacting Lodging Properties
You may recall that the WH&LA participated in the Coalition to Repeal Wisconsin's Personal Property Tax during the State Budget Process, helping to make some modifications for businesses located in municipalities that impose a Personal Property Tax on a wide variety of equipment, furnishings, and supplies.
The Coalition has arranged a free webinar tomorrow for member organizations like ours to outline what the final changes to personal property tax were in the budget that may impact your business:
Thursday, Feb. 8
10:00 - 11:00 AM
Registration Deadline: TODAY
CO Detector Requirement Changes (AB 904)
The state Dept. of Safety and Professional Services (DSPS - the agency responsible for oversight and inspections of new construction and renovations) and a group called the Alliance for Regulatory Reform has pursued changes to the CO Detector laws, and contacted WH&LA for our input. While many of our requests were included (such as language to assist with improvements in uniformity of processes around the state; requiring inspectors evaluating CO Detector compliance to be certified by DSPS - not just selected by a municipality; continuation of allowing an exception for sealed combustion units until their warranty expires, etc), and some changes a compromise was negotiated (such as instead of a new requirement that inspectors must inspect the common areas of your properties for CO Detectors, it was changed to may), many other technical changes remain in the language in the bill introduced just last week, which are being reviewed.
We have viewed sketches provided by the Alliance on how in most cases less overall detectors will be required under the bill's changes, and that the changes in detector placements will be more effective in protecting sleeping guests, along with removing placements of detectors in areas most likely to set off alarms accidentally. We just learned that a Public Hearing on AB 904 will be held tomorrow February 8 at 11:00 am by the Assembly Committee on Regulatory Licensing Reform at the Capitol in 417 North, should anyone wish to register their support or opposition.
Mentioned previously, with a customized notice sent to our members in both Superior and Eau Claire about 2 weeks ago, these bills carve out the authorization for just these two cities to establish an Exposition District, with the ability to impose a 2% added room tax and a half percent food & beverage tax to fund a very broadly defined expo center. In addition to concerns that these two cities would each face a total room tax of 15% or higher as they compete with Duluth and other markets with lesser taxes, there is a concern that other cities will swarm around this chance for funding more city development from additional taxes on tourists. In fact, at the Senate hearing Jan. 30, a Senator asked whether this authority could be broadened to allow the funding to pay for city parks and other city amenities. It also appears that this bill was represented to have the input of local tourism when in at least one city it did not. The WH&LA testified in opposition due to the concerns noted, along with WACVB, with WRA registering in opposition as well. Originally the hearing was to be a joint one with the Assembly Committee, but this bill was removed from the Joint Hearing portion and only the Senate Committee heard the bill.
Definition of Public Swimming Pool
(AB 905)
While this bill covers many unrelated components, one interesting one provides more exclusions to the definition of Public Swimming Pools, which impacts licensing, inspections, and fees: "Public swimming pool does not mean an inflated mobile structure, basin, chamber, or tank; a swim pond; and individual therapeutic pod, tub, or bath or a fixed or mobile structure, basin, chamber or tank that serves fewer than 3 individual residences". This bill will be part of the Public Hearing tomorrow for AB 904 above as well.
Outlined in a previous Capitol Insider, this bill prevents municipalities from enacting more strict than the state ordinances relating to employment, such as relating to employee benefits, employee scheduling, hour and overtime regulations, and more. In addition to prohibiting local minimum wage rates higher than the state, this would prevent local governments from imposing restrictions and penalties relating to the scheduling of your employees hours and how much lead time could be mandated. The state Senate Committee already had a hearing on January 30, and this afternoon the Assembly Committee will hold a hearing. The big test will be if both committee's will approve it and send it to the floor of each house for voting before adjournment.
Employee Scheduling Requirements
(AB 866)
This bill is an example of the kind of local ordinance that could be passed if the above Standardization Act does not pass. Statewide in scope AB 866 would impact employers with 15 or more employees and impose requirements for addressing employee-requested time off, provide a minimum 14 day notice for scheduled work time, with added fees for later adjustments, and authorizes fines for employers that do not adhere. Other states and cities around the country are considering similar legislation on scheduling employees, even for businesses such as hospitality that must schedule based on occupancy and groups that can fluctuate to meet the needs of customers. This bill was introduced late by minority party legislators, which means it is unlikely to advance without bi-partisan support.
Further updates will be provided as we move toward the end of session.
As always, thank you for your support!
