Wisconsin’s two-year legislative session concluded last month. Described below is the status of the WRA’s five remaining legislative priorities as this magazine went to press. Currently, five bills await Gov. Tony Evers’ signature. For more information, visit www.action.wra.org. 

Resolve Title Issues on Land Formerly Lake Bed/Riverway (SB 541/AB 579)

Bill authors: 

• Sen. Stroebel (R-Saukville) 
• Rep. Wittke (R-Racine)

This legislation provides a municipality needs to develop a waterfront development plan, which must include: a boundary between a public use area and remaining to be used for private use; description of the areas and types of public use and how the public use area is accessible; and a plan for implementing and enforcing the plan. Additionally, the bill allows the DNR to review and potentially approve waterfront development plans based upon whether the plan is consistent with the required elements and whether the public use and implementation plan is sufficient.

Discriminatory Covenants and Deed Restrictions (SB 439/AB 444)

Bill authors: 

• Sen. Ballweg (R-Markesan) 
• Sen. Johnson (D-Milwaukee)
• Rep. Novak (R-Dodgeville)
• Rep. Haywood (D-Milwaukee)

SB 439/AB 444 allows steps for a Wisconsin property owner to address offensive, discriminatory covenants based on race and other protected classes that appear in deeds and subdivision restrictions and covenants. The bill creates a voluntary process to record a statutorily created form for the property owner and does not erase the language from the land record.

Sales Tax Exemption for Multiple Listing Services (SB 351/AB 353)

Bill authors: 

• Sen. Bradley (R-Franklin) 
• Rep. Steffen (R-Green Bay)

This bill creates a statutory clarification regarding a sales tax exemption for the sale of certain Multiple Listing Service 
(MLS) services. MLSs facilitate cooperation and compensation among participating real estate brokers. The WRA worked with the Wisconsin Department of Revenue on the language included in the bill creating a statutory clarification. 

Real Estate Practice (SB 870/AB 918)

Bill authors: 

• Sen. Jagler (R-Watertown)  
• Rep. Krug (R-Nekoosa)

This legislation makes several changes to the practice of real estate, including creating a safe harbor for licensees when using government information if attribution to the source is provided, requiring specific disclosures to consumers in contracts when contractual rights are being assigned to another and raising the fines and forfeitures that the Real Estate Examining Board may charge from $1,000 to $5,000 for violations of license law.  

Foreclosure Equity Theft Loophole (SB 918/AB 969)

Bill authors: 

• Sen. Stafsholt (R-New Richmond)   
• Rep. Penterman (R-Columbus)  

2021 Wis. Act 216 indicates that if a county or the city of Milwaukee foreclosed upon a property for failure to pay property taxes and sells the property, any remaining net proceeds must be returned to the property owner. Wisconsin’s law has a remaining loophole: counties and Milwaukee can foreclose upon the property and keep the property, even if that property’s value is greater than the property taxes owed. This bill requires the sale of the property.