Wisconsin 2023-2024 Regular Session Status: To Executive

SB 188 — Relating to: permission to start construction of a commercial building before plan approval. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on March 29, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

45 added · 72 removed

Plain-language change summary

The updated version of Senate Bill 188 allows building owners in Wisconsin to start construction not only on footings and foundations but also on underground and exterior plumbing before receiving full plan approval. This change aims to streamline the construction process and prevent delays in project timelines. Importantly, the bill maintains the responsibility of architects and engineers for their plans, ensuring that safety standards are upheld even during this preliminary construction phase. This flexibility could facilitate quicker project starts and potentially reduce overall costs for developers.

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- 2024 LEGISLATURE LRB-2575/1 KP&ZDW:skw SENATE BILL 188 April 3, 2023 - Introduced by J OINT LEGISLATIVE C OUNCIL .
Date of enactment:
Referred to Committee on Government Operations, Elections and Consumer Protection.
Senate Bill 188 Date of publication*:
A N A CT to renumber 101.12 (2);
WISCONSIN ACT A N A CT to renumber 101.12 (2);
and to create 101.12 (2) (b) and 101.12 (7) of the statutes;
and to create 101.12 (2) (b) and 101.12 (7) of the statutes;relating to:
relating to:
Analysis by the Legislative Reference Bureau This bill is explained in theOTES provided by the Joint Legislative Council in the bill.
The people of the state of Wisconsin, represented in or a local unit of government may authorize a building owner senate and assembly, do enact as follows:
Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.
to start construction of underground plumbing and exterior plumbing, in addition to footings and foundations.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The bill JOINT LEGISLATIVE C OUNCIL PREFATORY NOTE:
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
This bill retains a building designer’s responsibility for designing a was prepared for the Joint Legislative Council Study Commit- safe building, structure, or component.
JOINTLEGISLATIVECOUNCIL PREFATORY NOTEThis bill was prepared for the Joint Legislative Council Study Committee on the Commercial Building Permitting Process.
The bill also specifies tee on the Commercial Building Permitting Process.
The bill codifies and expands the authority for the Department of Safety and Professional Services (DSPS) and local units of government to allow a building owner to start construction of certain building components while a commercial building plan review is pending.
The bill that permission to start construction does not relieve a codifies and expands the authority for the Department of licensed architect or professional engineer who prepared Safety and Professional Services (DSPS) and local units of commercial building plans of responsibility regarding the government to allow a building owner to start construction of plans.
- 2024 Legislature - 2 - LRB-2575/1 KP&ZDW:skw SENATE BILL 188 Administrative rules adopted by DSPS currently allow a building owner who has submitted commercial building plans for examination by DSPS or a local unit of government to request permission to start construction of footings and foundations while plan review is pending.
certain building components while a commercial building plan review is pending.
In practice, DSPS issues a “permission to start” letter to convey approval for this type of construction to begin.
SECTION 1.
DSPS's rules require a plan reviewer to make a determination on a permission to start request within three business days after receiving all required documents, plan review fees, and an additional fee of $75.
101.12 (2) of the statutes is renumbered Administrative rules adopted by DSPS currently allow a 101.12 (2) (a).
The rules specify that a building owner who is granted permission to start construction of footings and foundations may proceed at the owner's own risk, without assurance that a conditional approval will be granted for the building.
building owner who has submitted commercial building plans SECTION 2.
The current statutes do not directly address permission to start construction while plan review is pending, but they specify that nothing in the section of the statutes relating to commercial building plan review relieves a building designer of the responsibility for designing a safe building, structure, or component.
101.12 (2) (b) of the statutes is created to for examination by DSPS or a local unit of government to request permission to start construction of footings and foun- read:
The bill codifies the authority for “permission to start” letters in the statutes and expands the scope of construction activities that DSPS or a local unit of government may allow to proceed while plan review is pending.
dations while plan review is pending.
Under the bill, DSPS or a local unit of government may authorize a building owner to start construction of underground plumbing and exterior plumbing, in addition to footings and foundations.
In practice, DSPS issues 101.12 (2) (b) Permission granted under sub.
The bill retains a building designer's responsibility for designing a safe building, structure, or component.
(7) (a) a “permission to start” letter to convey approval for this type to start construction of a building, structure, or compo- of construction to begin.
The bill also specifies that permission to start construction does not relieve a licensed architect or professional engineer who prepared commercial building plans of responsibility regarding the plans.
DSPS’s rules require a plan reviewer to make a determi- nent does not relieve an architect or professional engineer nation on a permission to start request within three business authorized to practice under ch.
S ECTION 1.
443 who prepared the days after receiving all required documents, plan review fees, and an additional fee of $75.
101.12 (2) of the statutes is renumbered 101.12 (2) (a).
The rules specify that a building plans of the building, structure, or component of respon- owner who is granted permission to start construction of foot- sibility regarding the plans.
S ECTION 2.
ings and foundations may proceed at the owner’s own risk, SECTION 3.
101.12 (2) (b) of the statutes is created to read:
101.12 (7) of the statutes is created to without assurance that a conditional approval will be granted for the building.
101.12 (2) (b) Permission granted under sub.
The current statutes do not directly address read:
(7) (a) to start construction of a building, structure, or component does not relieve an architect or professional engineer authorized to practice under ch.
permission to start construction while plan review is pending, 101.12(7) (a) Notwithstanding sub.
443 who prepared the plans of the building, structure, or component of responsibility regarding the plans.
(2) (a), an owner but they specify that nothing in the section of the statutes relat- who submits essential drawings, calculations, and speci- ing to commercial building plan review relieves a building designer of the responsibility for designing a safe building, fications under this section may request, and the depart- structure, or component.
S ECTION 3.
ment or a city, village, town, or county authorized to per- The bill codifies the authority for “permission to start” form examinations under this section may grant, letters in the statutes and expands the scope of construction activities that DSPS or a local unit of government may allow permission to start construction for the footings, founda- to proceed while plan review is pending.
101.12 (7) of the statutes is created to read:
Under the bill, DSPS tions, underground plumbing, and exterior plumbing.
101.12 (7) (a) Notwithstanding sub.
* Section 991.11, WISCONSIN S TATUTES:
(2) (a), an owner who submits essential drawings, calculations, and specifications under this section may request, and the department or a city, village, town, or county authorized to perform examinations under this section may grant, permission to start construction for the footings, foundations, underground plumbing, and exterior plumbing.
Effective date of acts.
LRB-2575/1 - 2024 Legislature - 3 - KP&ZDW:skw S ECTION3 SENATE BILL 188 (b) An owner who has been granted permission to start construction under par.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2023 Senate Bill 188 (b) Anownerwhohasbeengrantedpermissiontostart own risk without assurance thataconditional approval for construction under par.
(a) may proceed at the owner's own risk without assurance that a conditional approval for the building will be granted.
(a) may proceed at the owner’s the building will be granted.
(END)
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-29-2024

  4. Presented to the Governor on 3-26-2024

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Rules suspended to withdraw from calendar and take up

  13. Placed on calendar 2-13-2024 by Committee on Rules

  14. Read first time and referred to committee on Rules

  15. Received from Senate

  16. Ordered immediately messaged

  17. Read a third time and passed

  18. Rules suspended to give bill its third reading

  19. Ordered to a third reading

  20. Read a second time

  21. Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)

  22. Available for scheduling

  23. Report passage recommended by Committee on Government Operations, Ayes 3, Noes 2

  24. Executive action taken

  25. Public hearing held

  26. Fiscal estimate received

  27. Housing report received pursuant to s. 13.099 (2) Wisconsin Statutes

  28. Fiscal estimate received

  29. Read first time and referred to Committee on Government Operations, Elections and Consumer Protection

  30. Introduced by Joint Legislative Council

Sponsors

  • Joint Legislative Council · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 131 not signed on

Sponsors (1)

  • Joint Legislative Council

Co-sponsors (0)

None.

Not signed on (131)

131 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 188?
SB 188 is sponsored by Joint Legislative Council.
What is the current status of SB 188?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 188?
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