While the state Senate and Assembly will not be back in session until mid-January, bill introductions and Committee hearings have been moving at a fast pace over recent weeks. It is projected that the Assembly will adjourn for the session likely in February, and the Senate perhaps a little later (March is possible), so the Committees are in a rush to move bills through the process to allow time for bill changes and votes before they can be scheduled for the two houses of the legislature.

 

We are currently watching closely and engaging as needed with 68 bills, watching or weighing in on 6 bill drafts circulated for co-sponsors, and simply monitoring 6 more bills to make sure major developments do not change our position. In addition to our direct efforts, we are also fortunate to retain the services of a Contract Lobbyist Kathi Kilgore, who while having multiple clients, always keeps her eyes and ears open on our issues.

 

Listed below are just a few issues you may find relevant. Also, within the next few days we will issue a separate Capitol Insider on the interpretations of the Personal Property Tax in the state budget which impact lodging properties in municipalities with a local Personal Property Tax. Please watch for this.

 

Elimination of Motorboat "Spotter" Requirement  (SB 69/AB 100)

For members providing boats on a lake, this bill removes the requirement for motorboats towing an individual on water skis or other device to have a second person on board to be a "spotter". An amendment was added that a municipality with a lake with a statutorily authorized water safety patrol unit that performs a minimum of 1500 hours of enforcement/search/rescue on that lake may still require a spotter. Both houses approved the bill as amended, so it goes to the Governor to sign next.

 

Liability for Underage Drinking  (now Wisconsin Act 126 as of Dec. 8)

This bill initially included liability for underage drinking at a lodging property without a liquor license, but with WH&LA's testimony and persistence, an amendment was passed that places liability on an adult renting the room instead of on the owner/operator, should underage drinking occur in the privacy of a sleeping room. This reinforces the need to closely evaluate specific bill language for potential consequences.

 

Allowing Minors 15 years of Age to be Lifeguards  (SB 251/AB 326)

For properties needing lifeguards for their pool areas who are facing staffing issues, this bill enables a minor that is at least 15 years old who completes the required life saving course to work as a lifeguard. An amendment requires that an adult be on premise when the 15 year old lifeguard is on duty. This passed the Assembly and the Senate Committee as amended, and awaits scheduling on the Senate floor in January.

 

Later Hours for Wineries  (SB 311/ AB 433)

This bill extends the hours that wineries can stay open from the current 9:00 pm to midnight, however it does allow municipalities to set more restrictive hours locally. This passed out of Senate Committee unanimously and is waiting for a Senate floor vote in January, but has not had a hearing in the Assembly committee yet, before it can advance.

 

ATV's and UTV's on Highways  (now Wi. Act 67 signed into law Nov. 27)

For properties in a tourism area where visitors with their ATV's or UTV's are looking for off trail options, this allows a municipality to authorize the use of ATV's and UTV's on certain highways within their boundaries, provided it is not an interstate highway, and the speed limit is 35 mph or less.

 

Child Labor Permits  (SB 420/AB 504)

This bill as amended in both houses, 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 or guardian's business, trade or profession.  Child labor limits and hours would still apply. Passed the Senate, but is awaiting scheduling in the Assembly for a floor vote in January.

 

Condo Disclosures  (SB 432/ AB 518)

For properties that are condo's that also run their condo association, this bill started out with unreasonably high penalties for not providing requested Payoff Statements on time, and put a very low cap on potential charges for disclosure materials. WH&LA was able to negotiate limited changes to make the requirements more reasonable (such as allows a fee of up to $50 for disclosure material requests, and reduced the late penalty requested by the Realtors Association from a combination of unspecified "damages" plus $500 to actual damages OR $350, whichever is less (a considerable reduction!) Passed the Assembly as amended and is awaiting a vote to be scheduled on the Senate floor.

 

Sale or Rental of Soda Water Equipment  (SB 451/AB 544)

Currently a state agency (DATCP) has the authority to limit a business with a soda fountain machine from negotiating a lower cost for their soda water beverage equipment from their vendor. This bill eliminates this restrictive authority and allows for competitive bidding, which should reduce costs for properties with a restaurant/bar. Public hearings were held in committees in both houses last week with WH&LA registering support, and the next step is for the committees to vote before moving it to both houses for votes.

 

Authorization of LaCrosse County to be a Premier Resort Area for Tax Purposes  (SB 493/ AB 610)

This bill would enable LaCrosse County to become the first county "Premier Resort Area" with the right to impose a .5% tax on over 40 types of tourism businesses in the county, with the revenue to be used only for infrastructure purposes. Tourism businesses in the area are in opposition, and WH&LA has assisted in visible lobbying to stop the bill. Predictions are that it will not advance this session.

 

Employment Law Standardization Act  (SB 634)

This bill is awaiting an Assembly companion bill, but it would prohibit municipalities from imposing more strict requirements than the state in the following areas: 1) Employee Benefits  2) Employee scheduling, hours, and overtime regulations  3) Wage Claims  4) Employment Discrimination 5) Employer's right to solicit salary history for prospective employees. This bill addresses concerns over local ordinances starting to spread in other states that have a considerable negative impact on hospitality industry employers - such as limiting staff schedule changes to meet your fluctuating occupancy needs. Just introduced Dec. 7, this will likely be controversial without a lot of time to move through committees and make it to the floor before session ends.

 

We continue to do our best to represent the lodging industry's interests at the state Capitol, and as always we appreciate your support.