Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB5 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-1383/1
2	2	MCP:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 5
5	5	February 6, 2023 - Introduced by JOINT COMMITTEE FOR REVIEW OF ADMINISTRATIVE
6	6	RULES. Referred to Committee on Tourism.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 93.07 (24) (e) and 97.67 (1); and to create 97.67 (1d) of the
9	9	statutes; relating to: the regulation of pools located at short-term rentals and
10	10	the partial suspension of rules promulgated by the Department of Agriculture,
11	11	Trade and Consumer Protection.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, the Department of Agriculture, Trade and Consumer
14	14	Protection is responsible for regulating public swimming pools.
15	15	This bill prohibits DATCP from regulating pools located at short-term rentals.
16	16	Current law defines a “short-term rental” as “a residential dwelling that is offered
17	17	for rent for a fee and for fewer than 30 consecutive days.”
18	18	This bill is introduced as required by s. 227.26 (2) (f) and (j), stats., in support
19	19	of the action of the Joint Committee for Review of Administrative Rules in
20	20	suspending a portion of s. ATCP 76.02 (1) (a), Wis. Adm. Code, rules of the
21	21	Department of Agriculture, Trade and Consumer Protection on April 26, 2022. The
22	22	suspended portion of the rule provides that a pool that serves a “tourist rooming
23	23	house” qualifies as a “public pool” and is therefore subject to DATCP regulation.
24	24	For further information see the state fiscal estimate, which will be printed as
25	25	an appendix to this bill.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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31	31	4 - 2 -2023 - 2024 Legislature LRB-1383/1
32	32	MCP:skw
33	33	SECTION 1 ASSEMBLY BILL 5
34	34	SECTION 1. 93.07 (24) (e) of the statutes is amended to read:
35	35	93.07 (24) (e) To enforce the laws for the sanitary care of campgrounds and
36	36	camping resorts, recreational and educational camps, public swimming pools, hotels,
37	37	tourist rooming houses, vending machine commissaries, vending machines, and
38	38	other persons or entities subject to regulation by the department, but not including
39	39	pools that are located at short-term rentals, as defined in s. 66.0615 (1) (dk).
40	40	SECTION 2. 97.67 (1) of the statutes is amended to read:
41	41	97.67 (1) Except as provided in sub. subs. (1d) and (1g) and s. 93.135, the
42	42	department or a local health department granted agent status under s. 97.615 (2)
43	43	shall issue licenses to and regulate campgrounds and camping resorts, recreational
44	44	and educational camps and public swimming pools. No person or state or local
45	45	government who has not been issued a license under this section may conduct,
46	46	maintain, manage or operate a campground and camping resort, recreational camp
47	47	and educational camp or public swimming pool, as defined by departmental rule.
48	48	SECTION 3. 97.67 (1d) of the statutes is created to read:
49	49	97.67 (1d) The department may not regulate pools that are located at
50	50	short-term rentals, as defined in s. 66.0615 (1) (dk).
51	51	(END)
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