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What Passed & What Failed at End of Our State Session
April 26, 2018
Dear WH&LA Lodging Member:
It seems like at the end of every state legislative session we report that more bills were introduced than ever before, and this 2-year session was no different! A whopping 882 Senate Bills were introduced, and 1,068 Assembly Bills, and this doesn't count the many dozens of bills drafted but never introduced for a variety of reasons ranging from a lack of initial interest/support to discovery of new information that deterred it, and more.
You are welcome to scan our 5-page WH&LA Summary of 2017/18 Bills Passed in the member section of our website, listing all the bills we were actively tracking over the 16 months covered in session that were signed into law, along with a very condensed summary of each. If you cannot locate your customized individual lodging member ID and password, call us at 262-782-2851 or send an email to [email protected].
Today we are also highlighting a few bills signed into law that you should be aware of for your property, keeping in mind that it is not inclusive of all topics you may find of interest (the Tracker is best for that). After these highlights of passed bills we are also providing a list of the bills that "Failed" that you might want to know about as we have mentioned them in previous Capitol Insiders over the past 16 months.
KEY BILLS THAT PASSED THIS SESSION:
- Employment Law Standardization Act: With 5 cities and 1 state already passing laws restricting an employer's right to set their own employee scheduling, this Act was critical in preventing Wisconsin Municipalities and counties from imposing restrictions or penalties in setting work schedules based on our industry's need to deliver customer services based on last-minute occupancy changes as well as accommodating last minute customers at your restaurants. In addition to prohibiting municipal ordinances more strict than state laws on scheduling, this provides the same protection against local mandates of employee benefits and local living wages that would provide a patchwork of employer restrictions around the state. Passage of this bill was a major collaborative effort by numerous business organizations including WH&LA to protect our small and large businesses, especially as you struggle with worker shortages already challenging your operations.
- DOJ Administrative Subpoenas for Hotels Relating to Trafficking: This not only enables DOJ officials with specified cause to suspect a person at your property of Human Trafficking and Internet crimes against children to obtain limited information from you (their name address and phone, duration of their stay) through an administrative subpoena, which also provides the property with protection in releasing this limited information. Further information or access to rooms still requires a warrant. With the growing awareness of Human Trafficking occurring at lodging properties around the state, this helps DOJ's Human Trafficking Prevention experts to move faster in stopping the crime while also protecting you.
- Increased Limits on Historic Tax Credits:this increased the cap reduced in the state budget to $500,000 per project to $3.5 million for historic preservation tax credits.
- $6.8 Million in New Funding to Attract & Retain Wisconsin Workers: this provides a new funding of $6.8 million to market to attract and retain new Wisconsin workers to help to address worker shortages now and into the future.
- Carbon Monoxide Detector Law Changes: The bill removes requirements on CO Detectors in lodging properties from placements in basements with a fuel-burning appliance and hallways leading from a unit with a fuel-burning appliance, which led to many false alarms that fire departments were complaining about, and makes changes to where the detectors must now be placed. Requirements kick in if the unit has a fuel-burning forced-air furnace, is located in a building with a fuel-burning appliance or is in a building with an attached private garage. Installation is required in these situations outside each separate sleeping area or inside if there is a fuel-burning appliance within. There are further more specific requirement interpretations which WH&LA will assemble and distribute to members after getting concurrence with DSPS, which may take weeks.Overall, it is estimated that there should be less Detectors required per property, less false alarms, and better alignment with federal CO Detector guidelines. Watch for further guidance when it can be released.
- Elimination of Higher Lodging Per Diem Rates for UW Employees: Shifted earlier into the state budget instead of the longer bill process, due to legislators angry over the ability for UW System employees to pay higher room rates than other state employees, this language was approved in the state budget.
- Liability for Underage Drinking in property without a liquor license: Originally intended just to make parents liable for underage drinking parties in their homes, this also accidentally set up lodging owners/operators for added liability for minors drinking at their property outside any area covered by liquor licensing. At WH&LA's persistence, this was amended to actually clarify that the liability for knowingly permitting or failing to stop underage drinking would be on the adult renting a lodging property room instead.
- Allowing Minors 15 years of Age or older to be Lifeguards: Enables a 15 year old to become a Lifeguard if an adult is also on premise when they are on duty and allows DWD to still require completion of life saving course first.
- Elimination of Water Ski "Observer" Requirement: if a motorboat has wide mirrors for drivers for spotting they would not be required to have an Observer in addition on board. An amendment allows a municipality to prohibit this exemption on an inland lake with active water safety patrol units.
- Removal of Work Permit Requirement for 16 and 17 year old minors: Intended to enable 16 & 17 year olds without access to a responsible guardian to sign a work permit to get a job.
KEY BILLS THAT FAILED THIS SESSION:
- Minimum Wage Increase for Tipped Employees
- Elimination of the September 1 School Start Date
- Increase in Compensation Threshold for Overtime Pay (similar to Obama Administration overturned change)
- Historic Barn Rentals Regulations
- Increase in Subsidy Caps for reimbursements for maintaining Snowmobile Trails
- Expansion of Family & Medical Leave Coverage
- Requirement to provide Itemized Statement to tax-exempt customers paying annual total of $50K or more
- Exemption from licensing and regulations for certain Home-Baked Goods Sales
- Creative Economy Grants administered by the Arts Board
- Expansion of 3-Year Bachelor Degree Opportunities from UW
- Increased Authorities for Municipal Property Tax Assessments (referred to as Dark Stores legislation)
- Special Zoning Exception for St. Croix Riverway Event Center
- Later Hours for Wineries (with amendments requiring alcohol licensing for private property events)
- Distillpub, Breweries, Winery, and Quota Changes
- Removal of DATCP from restricting the sale or rental of Soda Water Equipment
- Requirement for recreational boat operators to require those 10 and under to wear PFDs
- Authorization of LaCrosse County to be a Premier Resort Area with a half percent sales tax
- Changing Boat Capacity restrictions from number of people to total weight on board
- County/Municipality Wheel Tax Imposition Requirements
- Authorization of Local Exposition District (with taxing) for Superior and Eau Claire
- Carved Out Exception to School Start Date for graduate Health Sciences classes at UW
- New Employee Predictable Scheduling Requirements
- Creation of Regional Transit Authorities for Fox Cities, Southeast Wisconsin, and Chippewa Valley
As always, thank you for your continued interest and support!
Best,
Trisha
Trisha A. Pugal, CAE
President, CEO
Wisconsin Hotel & Lodging Association
262-782-285
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