Relating to: permission to start construction of a commercial building before plan approval. (FE)
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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
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removedPlain-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.
-Date 2024of LEGISLATUREenactment: LRB-2575/1 KP&ZDW:skw SENATE BILL 188 April 3, 2023 - Introduced by J OINT LEGISLATIVE C OUNCIL .
ReferredSenate toBill Committee188 onDate Governmentof Operations,publication*: Elections and Consumer Protection.
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;statutes;relating to:
relating to:
AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented billin isor explaineda inlocal theOTESunit providedof bygovernment themay Jointauthorize Legislativea Councilbuilding inowner thesenate bill.and assembly, do enact as follows:
Becauseto thisstart billconstruction may increase or decrease, directly or indirectly, the cost of theunderground development,plumbing construction,and financing,exterior purchasing,plumbing, sale, ownership, or availability of housing in thisaddition state, the Department of Administration, as required by law, will prepare a report to befootings printedand asfoundations. an appendix to this bill.
ForThe furtherbill informationJOINT seeLEGISLATIVE theC stateOUNCIL andPREFATORY localNOTE: fiscal estimate, which will be printed as an appendix to this bill.
TheThis peoplebill ofretains thea statebuilding ofdesigner’s Wisconsin,responsibility representedfor indesigning senatea andwas assembly,prepared dofor enactthe asJoint follows:Legislative Council Study Commit- safe building, structure, or component.
JOINTLEGISLATIVECOUNCILThe PREFATORY NOTEThis bill wasalso preparedspecifies fortee the Joint Legislative Council Study Committee on the Commercial Building Permitting Process.
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 certainplans. building components while a commercial building plan review is pending.
-certain 2024building Legislaturecomponents -while 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.
InSECTION practice,1. DSPS issues a “permission to start” letter to convey approval for this type of construction to begin.
DSPS's101.12 rules(2) requireof athe planstatutes revieweris torenumbered makeAdministrative arules determinationadopted onby aDSPS permissioncurrently toallow starta request101.12 within(2) three(a). business days after receiving all required documents, plan review fees, and an additional fee of $75.
The rules specify that a building owner who ishas grantedsubmitted permissioncommercial tobuilding startplans constructionSECTION of2. footings and foundations may proceed at the owner's own risk, without assurance that a conditional approval will be granted for the building.
The101.12 current(2) statutes(b) doof notthe directlystatutes addressis permissioncreated to startfor constructionexamination whileby planDSPS reviewor isa pending,local butunit they specify that nothing in the section of thegovernment statutes relating to commercialrequest buildingpermission planto reviewstart relievesconstruction a building designer of thefootings responsibilityand forfoun- designingread: a safe building, structure, or component.
Thedations 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.
UnderIn thepractice, bill, DSPS orissues a101.12 local(2) unit(b) ofPermission governmentgranted mayunder authorizesub. a building owner to start construction of underground plumbing and exterior plumbing, in addition to footings and foundations.
The(7) bill(a) retains a building“permission designer'sto responsibilitystart” letter to convey approval for designingthis atype safeto start construction of a building, structure, or component.compo- of construction to begin.
TheDSPS’s billrules alsorequire specifiesa thatplan permissionreviewer to startmake constructiona determi- nent does not relieve aan licensed architect or professional engineer whonation preparedon commerciala buildingpermission plansto ofstart responsibilityrequest regardingwithin thethree plans.business authorized to practice under ch.
S443 ECTIONwho 1.prepared the days after receiving all required documents, plan review fees, and an additional fee of $75.
101.12The (2)rules specify that a building plans of the statutesbuilding, structure, or component of respon- owner who is renumberedgranted 101.12permission (2)to (a).start construction of foot- sibility regarding the plans.
Sings ECTIONand 2.foundations may proceed at the owner’s own risk, SECTION 3.
101.12 (2)(7) (b) of the statutes is created to read:without assurance that a conditional approval will be granted for the building.
101.12The (2)current (b)statutes Permissiondo grantednot underdirectly sub.address read:
(7)permission (a) to start construction ofwhile aplan building,review structure,is orpending, component101.12(7) does(a) notNotwithstanding relievesub. an architect or professional engineer authorized to practice under ch.
443(2) who(a), preparedan owner but they specify that nothing in the planssection of the building,statutes structure,relat- orwho componentsubmits essential drawings, calculations, and speci- ing to commercial building plan review relieves a building designer of the responsibility regardingfor designing a safe building, fications under this section may request, and the plans.depart- structure, or component.
Sment ECTIONor 3.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.
101.12Under (7)the ofbill, theDSPS statutestions, isunderground createdplumbing, toand read:exterior plumbing.
101.12* (7)Section (a)991.11, NotwithstandingWISCONSIN sub.S TATUTES:
(2)Effective (a),date anof owneracts. 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.
LRB-2575/1“Every -act 2024and Legislatureevery -portion 3of -an KP&ZDW:skwact Senacted ECTION3by SENATEthe BILLlegislature 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) AnAnownerwhohasbeengrantedpermissiontostart ownerown whorisk haswithout beenassurance grantedthataconditional permissionapproval tofor start construction under par.
(a) may proceed at the owner'sowner’s own risk without assurance that a conditional approval for the building will be granted.
(END)
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Action History
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Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82
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Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)
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Report vetoed by the Governor on 3-29-2024
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Presented to the Governor on 3-26-2024
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Report correctly enrolled
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Received from Assembly concurred in
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Ordered immediately messaged
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Read a third time and concurred in
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Rules suspended
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Ordered to a third reading
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Read a second time
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Rules suspended to withdraw from calendar and take up
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Placed on calendar 2-13-2024 by Committee on Rules
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Read first time and referred to committee on Rules
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Received from Senate
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Ordered immediately messaged
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Read a third time and passed
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Rules suspended to give bill its third reading
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Ordered to a third reading
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Read a second time
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Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)
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Available for scheduling
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Report passage recommended by Committee on Government Operations, Ayes 3, Noes 2
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Executive action taken
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Public hearing held
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Fiscal estimate received
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Housing report received pursuant to s. 13.099 (2) Wisconsin Statutes
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Fiscal estimate received
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Read first time and referred to Committee on Government Operations, Elections and Consumer Protection
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Introduced by Joint Legislative Council
Sponsors
- Joint Legislative Council · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Show all 131 →"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.
Votes
Roll call published as PDF — view source.
Subjects
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?
- Track SB 188 free on One Click Politics — get push/email alerts when it moves.
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