Energy Reliability 2000 

(Budget Bill - AB 113, 1999 WI Act 9)
The state budget bill contained language to allow Wisconsin based utility holding companies to invest a larger portion of their assets in non-utility investments. The WRA raised concerns regarding unfair competition from ratepayer-financed utilities for real estate services.  As a result, the WRA worked cooperatively with the utility industry to become the first state in the nation with significant statutory protections for real estate interests against unfair competition from utilities and utility holding companies.  Some of the limitations on utilities include:  prohibited from involvement in real estate brokerage and property management services; prohibited from engaging in real estate development and residential or commercial construction activities except through a third party; third parties cannot be hired on an exclusive basis.  

Megan’s Law

Disclosure of Sex Offenders (AB 613)
AB 613 clarifies the duties real estate licensees have for the disclosure of sex offenders in a neighborhood. First, the legislation creates a publicly accessible website at the Dept. of Corrections for the general public to obtain information regarding sex offenders in their areas. Next, the bill creates a new disclosure duty for real estate licensees, landlords and sellers who have any knowledge regarding sex offenders, if asked by buyers or renters. However, licensees, landlords and sellers would not be liable for failure to disclose such information if they had no actual knowledge of sex offenders in the area. In addition, the bill specifically allows real estate licensees, landlords and sellers to direct prospective buyers and renters to the state sex offender registry to obtain information regarding sex offenders in their area as an alternative to making disclosures. Under current law, the lack of publicly available information regarding the location of state registered sex offenders has placed real estate licensees in an untenable position, caught between their agency duties to sellers and their moral duty to protect the children of potential buyers. This is a national issue being addressed by states across the country. The bill passed both Houses with unanimous votes.

Honorable Mention (Did not pass)

1. SB 91 – Telephone access fees
   SB 91 would prohibit local telephone companies from charging long distance carriers a fee for accessing their lines to initiate or conclude long distance calls. These fees constitute a substantial revenue source for most local telephone companies and thus prohibiting such fees would thus result in a substantial reduction in local service and/or substantial increases in local phone rates. Since Realtors are heavy users of local phone service, the WRA helped block this bill. Supporters of the measure were forced to table the bill when it was debated on the Senate floor.
2. SB 251 – WHEDA appraisals
   SB 251 allows buyers to use a guan teed property insurance product as an alternative to a regular property appraisal for establishing the value of properties for WHEDA mortgage loans. WHEDA argued the legislation could offer buyers a less expensive option in some cases. Appraisers however opposed the bill. After considerable debate, the WRA took no position on the bill which passed the state Assembly on a voice vote but was not considered by the state Senate before the session adjourned.
3. SB 267 – Telephone solicitations
   SB 267 is one of several bills this session designed to limit solicitation phone solicitations to private homes. While the legislation was intended to allow consumers to restrict or prohibit solicitation calls from disturbing their dinner time or evenings, as drafted the bill would have also placed significant restrictions and complications on the legitimate practice of real estate. The WRA proposed several changes that would refine these restrictions to cover only those individuals who are hired exclusive or primarily for the purpose of making solicitation calls. This type of restrictive definition would have excluded real estate licensees. The bill narrowly passed a Senate committee without this change but was not considered by either House.
4. AB 723 – Condominium regulations
   This legislation required all condominium associations to create reserve accounts for major long-term replacement or repairs of common elements. The goal of AB 723 is to avoid substantial one-time assessments against property owners for delayed and unfunded improvements. The WRA was active in helping draft the legislation but took no official position on the bill, supporting instead a more comprehensive review of the entire condominium statute. The bill received support by an Assembly committee but was not considered by either House prior to adjournment of the session.