2013 - 2014 LEGISLATURE
September 5, 2013 - Offered by Senators Lasee, Olsen and Schultz.
SB179-SSA1,2,5 1An Act to repeal 704.28 (4) (d), 799.45 (3) (am) 1., 799.45 (3) (am) 2., 799.45 (3)
2(am) 3., 799.45 (3) (am) 4., 799.45 (3) (am) 5., 799.45 (3) (am) 6. and 799.45 (3)
3(am) 7.; to renumber and amend 66.0104 (3), 349.13 (3m), 704.16 (3) (a) and
4799.45 (3) (am) (intro.); to amend 349.13 (5) (b) 2., 349.13 (5) (c), 704.05 (5) (a)
51., 704.05 (5) (b) 2. (intro.), 704.05 (5) (bf), 704.07 (3) (a), 704.08, 704.16 (3) (b)
61., 704.28 (2), 704.28 (4) (b), 704.28 (4) (c), 704.44 (9), 704.95, 799.05 (3) (b),
7799.06 (2), 799.12 (2), 799.12 (3), 799.20 (4), 799.206 (3), 799.40 (1), 799.40 (1m),
8799.42, 799.44 (1), 799.44 (2), 799.45 (title), 799.45 (1), 799.45 (2) (b), 799.45 (2)
9(bg), 799.45 (2) (c), 799.45 (3) (title), 799.45 (3) (a), 799.45 (3) (b), 799.45 (3) (c)
10and 799.45 (4); and to create 66.0104 (2) (c), 66.0104 (2) (d), 66.0104 (3) (b),
11349.13 (3m) (a), (c), (d), (dg), (dm), (dr) and (e), 704.14, 704.16 (3) (a) 1., 704.16
12(3) (a) 2., 704.16 (3) (a) 3., 704.28 (5), 704.44 (10), 710.15 (5t) and 895.489 of the
13statutes; relating to: miscellaneous provisions related to rental and vehicle

1towing practices and eviction proceedings, prohibitions on enacting ordinances
2that place certain limitations or requirements on landlords, terminating the
3tenancy of an offending tenant in a manufactured or mobile home community,
4providing an exemption from emergency rule procedures, granting
5rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB179-SSA1,1 6Section 1. 66.0104 (2) (c) of the statutes is created to read:
SB179-SSA1,2,127 66.0104 (2) (c) No city, village, town, or county may enact an ordinance that
8limits a residential tenant's responsibility, or a residential landlord's right to recover,
9for any damage or waste to, or neglect of, the premises that occurs during the tenant's
10occupancy of the premises, or for any other costs, expenses, fees, payments, or
11damages for which the tenant is responsible under the rental agreement or
12applicable law.
SB179-SSA1,2 13Section 2. 66.0104 (2) (d) of the statutes is created to read:
SB179-SSA1,2,1614 66.0104 (2) (d) 1. No city, village, town, or county may enact an ordinance that
15requires a landlord to communicate to tenants any information that is not required
16to be communicated to tenants under federal or state law.
SB179-SSA1,2,1917 2. No city, village, town, or county may enact an ordinance that requires a
18landlord to communicate to the city, village, town, or county any information
19concerning the landlord, unless any of the following applies:
SB179-SSA1,2,2020 a. The information is required under federal or state law.
SB179-SSA1,2,2121 b. The information is required of all residential real property owners.
SB179-SSA1,2,2322 c. The information is solely information that will enable a person to contact the
23owner or, at the option of the owner, an agent of the owner.
1Section 3. 66.0104 (3) of the statutes is renumbered 66.0104 (3) (a) and
2amended to read:
SB179-SSA1,3,53 66.0104 (3) (a) If a city, village, town, or county has in effect on December 21,
42011, an ordinance that is inconsistent with sub. (2) (a) or (b), the ordinance does not
5apply and may not be enforced.
SB179-SSA1,4 6Section 4. 66.0104 (3) (b) of the statutes is created to read:
SB179-SSA1,3,97 66.0104 (3) (b) If a city, village, town, or county has in effect on the effective date
8of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
9(2) (c) or (d), the ordinance does not apply and may not be enforced.
SB179-SSA1,5 10Section 5. 349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and
11amended to read:
SB179-SSA1,3,1812 349.13 (3m) (b) No Subject to par. (dr) 1., if private property is not properly
13posted and a
vehicle involved in trespass parking on a is parked on the private
14parking lot or facility shall be removed property and is not authorized to be parked
15there, the vehicle may be removed immediately, at the vehicle owner's expense,

16without the permission of the vehicle owner, except upon the issuance of a
17repossession judgment or upon formal complaint and the issuance of a citation for
18illegal parking issued by a traffic or police officer.
SB179-SSA1,6 19Section 6. 349.13 (3m) (a), (c), (d), (dg), (dm), (dr) and (e) of the statutes are
20created to read:
SB179-SSA1,3,2121 349.13 (3m) (a) In this subsection:
SB179-SSA1,3,2222 1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).
SB179-SSA1,3,2523 2. "Properly posted" means there is clearly visible notice that an area is private
24property and that vehicles that are not authorized to park in this area may be
25immediately removed.
1(c) Subject to par. (dr) 1., if private property is properly posted and a vehicle is
2parked on the private property and is not authorized to be parked there, the vehicle
3may be removed immediately, at the vehicle owner's expense, without the permission
4of the vehicle owner, regardless of whether a citation is issued for illegal parking.
SB179-SSA1,4,75 (d) 1. Subject to par. (dr), a vehicle may be removed from private property under
6par. (b) or (c) only by a towing service at the request of the property owner or property
7owner's agent, a traffic officer, or a parking enforcer.
SB179-SSA1,4,118 2. Before any vehicle is removed under par. (b) or (c) by a towing service, the
9towing service shall notify a local law enforcement agency of the make, model, vehicle
10identification number, and registration plate number of the vehicle and the location
11to which the vehicle will be removed.
SB179-SSA1,4,2112 3. Subject to par. (dr) 2., if a vehicle is removed under par. (b) or (c) by a towing
13service, the vehicle owner shall pay the reasonable charges for removal and, if
14applicable, storage of the vehicle, as well as any service fee imposed under par. (dm).
15Subject to par. (dr) 2., if the vehicle was removed at the request of the property owner
16or property owner's agent, these reasonable charges shall be paid directly to the
17towing service, and the towing service may impound the vehicle until these charges
18are paid. If these charges have not been paid in full within 30 days of the vehicle's
19removal and the vehicle owner has not entered into a written agreement with the
20towing service to pay these reasonable charges in installment payments, the vehicle
21shall be deemed abandoned and may be disposed of as are other abandoned vehicles.
SB179-SSA1,4,2422 (dg) Every law enforcement agency shall maintain a record of each notice
23received under par. (d) 2., as well as identification of the towing service removing the
1(dm) If requested by the municipality in which the removed vehicle was
2illegally parked, the towing service shall charge the vehicle owner a service fee not
3exceeding $35 and shall remit this service fee to the municipality. All service fees
4collected by a towing service under this paragraph may be aggregated and forwarded
5together, on a monthly basis, to each applicable municipality.
SB179-SSA1,5,76 (dr) 1. A towing service may not remove a vehicle under this subsection if the
7vehicle has been reported to a law enforcement agency as stolen.
SB179-SSA1,5,108 2. A towing service may not collect any charges for the removal or storage of
9an illegally parked vehicle under this subsection if the towing service has not
10complied with par. (d) 2. with respect to the vehicle.
SB179-SSA1,5,1111 (e) The department shall promulgate rules establishing all of the following:
SB179-SSA1,5,1312 1. Reasonable charges for removal and storage of vehicles under this
SB179-SSA1,5,1514 2. The form and manner of display of notice necessary to qualify as "properly
15posted" under par. (a) 2.
SB179-SSA1,5,1716 3. Guidelines for towing services to notify law enforcement under par. (d) upon
17removal of a vehicle.
SB179-SSA1,7 18Section 7. 349.13 (5) (b) 2. of the statutes is amended to read:
SB179-SSA1,5,2319 349.13 (5) (b) 2. A person who has custody of a vehicle removed or stored under
20subs. (3) to (4) or otherwise at the request of a law enforcement officer, traffic officer,
21parking enforcer, property owner, or property owner's agent
shall release the
22personal property within the vehicle to the owner of the vehicle during regular office
23hours upon presentation by the owner of proper identification.
SB179-SSA1,8 24Section 8. 349.13 (5) (c) of the statutes is amended to read:
1349.13 (5) (c) A traffic or police officer or parking enforcer who requests removal
2of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of
3requesting the removal, notify the towing service of the name and last-known
4address of the registered owner and all lienholders of record of the vehicle if the
5vehicle is to be removed to any location other than a public highway within one mile
6from the location from which the vehicle is to be removed and if the officer or parking
is not employed by a municipality or county that has entered into a towing
8services agreement which requires the municipality or county to provide notice to
9such owner and lienholders of the towing.
SB179-SSA1,9 10Section 9. 704.05 (5) (a) 1. of the statutes is amended to read:
SB179-SSA1,6,1611 704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and
12leaves personal property, the landlord may presume, in the absence of a written
13agreement between the landlord and the tenant to the contrary, that the tenant has
14abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m),
15dispose of the abandoned personal property in any manner that the landlord, in its
16sole discretion, determines is appropriate.
SB179-SSA1,10 17Section 10. 704.05 (5) (b) 2. (intro.) of the statutes is amended to read:
SB179-SSA1,6,2218 704.05 (5) (b) 2. (intro.) If the abandoned tenant removes from or is evicted from
19the premises and leaves behind
personal property that is a manufactured home,
20mobile home, or titled vehicle, before disposing of the abandoned property the
21landlord shall give notice of the landlord's intent to dispose of the property by sale
22or other appropriate means to all of the following:
SB179-SSA1,11 23Section 11. 704.05 (5) (bf) of the statutes is amended to read:
SB179-SSA1,7,1024 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does
25not intend to store personal property left behind by a tenant, except as provided in

1par. (am), the landlord shall provide written notice to a tenant , when the tenant
2enters into, and when the tenant or renews, a rental agreement, that the landlord
3will not store any items of personal property that the tenant leaves behind when the
4tenant removes from, or if the tenant is evicted from, the premises, except as
5provided in par. (am). Notwithstanding pars. (a), (am), and (b), if the landlord does
6not provide
has not provided to a tenant the notice required under this paragraph,
7the landlord shall comply with s. 704.05, 2009 stats., with respect to any personal
8property left behind by the tenant when the tenant removes from the premises, or
9if the tenant is evicted from the premises and the landlord notifies the sheriff under
10s. 799.45 (3m)
SB179-SSA1,12 11Section 12. 704.07 (3) (a) of the statutes is amended to read:
SB179-SSA1,7,1912 704.07 (3) (a) If the premises are damaged by the negligence or improper use
13of the premises by
, including by an infestation of insects or other pests, due to the acts
14or inaction of
the tenant, the landlord may elect to allow the tenant must to
15remediate or
repair the damage and restore the appearance of the premises by
16redecorating. However, the landlord may elect to undertake the remediation, repair,
17or redecoration, and in such case the tenant must reimburse the landlord for the
18reasonable cost thereof; the cost to the landlord is presumed reasonable unless
19proved otherwise by the tenant.
SB179-SSA1,13 20Section 13. 704.08 of the statutes is amended to read:
SB179-SSA1,8,6 21704.08 Information check-in Check-in sheet. A landlord shall provide to
22a new residential tenant when the tenant commences his or her occupancy of the
23premises a standardized information check-in sheet that contains an itemized
24description of
the tenant may use to make comments, if any, about the condition of
25the premises at the time of check-in. The tenant shall be given 7 days from the date

1the tenant commences his or her occupancy to complete the check-in sheet and
2return it to the landlord. The landlord is not required to provide the information
3check-in sheet to a tenant upon renewal of a rental agreement. This section does not
4apply to the rental of a plot of ground on which a manufactured home, as defined in
5s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be