Amendment ASA1-AB872

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1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 872

March 16, 1998 - Offered by Representative Grothman.

AB872-ASA1,1,4 An Act to amend 799.45 (1), 799.45 (2) (b), 799.45 (2) (c), 799.45 (3) (a), 799.45 (3) (b), 799.45 (3) (c) and 799.45 (4); and to create 99.02 (2) (g), 799.45 (3) (am) and 799.45 (3) (bm) of the statutes; relating to: the removal and storage of a tenant's property upon eviction and public warehouse keepers licensing.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB872-ASA1, s. 1 Section 1. 99.02 (2) (g) of the statutes is created to read:

AB872-ASA1,1,8 99.02 (2) (g) A person who stores property received under a writ of restitution under s. 799.44 (2) if that person was the plaintiff in the action that resulted in the issuance of the writ of restitution.

AB872-ASA1, s. 2 Section 2. 799.45 (1) of the statutes is amended to read:

AB872-ASA1,2,7 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. The If the plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) that the plaintiff or his or her agent will remove and store or dispose of the property, the sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of such the required deposit, the amount thereof of that deposit shall be determined by the court under s. 814.70 (10).

AB872-ASA1, s. 3 Section 3. 799.45 (2) (b) of the statutes is amended to read:

AB872-ASA1,2,11 799.45 (2) (b) Remove, or supervise the removal of, from the premises described in the writ, using such reasonable force as may be necessary, all personal property found therein not the property of the plaintiff.

AB872-ASA1, s. 4 Section 4. 799.45 (2) (c) of the statutes is amended to read:

AB872-ASA1,2,16 799.45 (2) (c) Exercise ordinary care in the removal of all persons and in the removal or supervision of the removal of property from the premises and in. The mover or trucker selected by the sheriff under sub. (3) (a) shall exercise ordinary care in the handling and storage of all property removed therefrom from the premises.

AB872-ASA1, s. 5 Section 5. 799.45 (3) (a) of the statutes is amended to read:

AB872-ASA1,2,21 799.45 (3) (a) In accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to shall engage the services of a mover or trucker unless the plaintiff notifies the sheriff under par. (am) that the plaintiff will remove and store or dispose of the property.

AB872-ASA1, s. 6 Section 6. 799.45 (3) (am) of the statutes is created to read:

AB872-ASA1,3,12 799.45 (3) (am) When delivering a writ of restitution to the sheriff, the plaintiff or his or her attorney or agent may notify the sheriff that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property that is found in the premises described in the writ and that does not belong to the plaintiff. If the sheriff is notified that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property under this paragraph, the sheriff shall, in executing the writ of restitution, supervise the removal of the property by the plaintiff or the plaintiff's agent. The sheriff may prevent the plaintiff or the plaintiff's agent from removing property under this paragraph if the plaintiff or the plaintiff's agent fails to exercise ordinary care in the removal of the property from the premises as required under subd. 1. or fails to provide the sheriff with a $50 bond or insurance policy providing coverage against the loss of or damage to the tenant's property during the removal and storage of the property. If the plaintiff or the plaintiff's agent removes and stores the property under this paragraph, the plaintiff or the plaintiff's agent shall do all of the following:

AB872-ASA1,3,14 1. Exercise ordinary care in removing the property from the premises and in the handling and storage of all property removed from the premises.

AB872-ASA1,3,15 2. Store the property in an appropriate facility.

AB872-ASA1,3,17 3. Have warehouse or other receipts issued with respect to the property stored under this paragraph issued in the name of the defendant.

AB872-ASA1,3,19 4. Impose charges for the removal of the property that equals the actual costs incurred.

AB872-ASA1,3,22 5. Impose charges for the storage of the property removed from the premises that do not exceed the average storage rates charged in the county by a bonded and licensed warehouse keeper.

AB872-ASA1,3,25 6. Within 3 days after the removal of the property, notify the defendant under sub. (4) of the charges imposed under subds. 4. and 5. and provide the defendant any receipt or other document required to obtain possession of the property.

AB872-ASA1, s. 7 Section 7. 799.45 (3) (b) of the statutes is amended to read:

AB872-ASA1,4,22 799.45 (3) (b) Except as provided in par. pars. (am) and (c), the property removed from such premises shall be taken to some place of safekeeping within the county selected by the sheriff. If the sheriff selected a mover or trucker to remove the property from the premises, the plaintiff shall pay the costs incurred by the mover or trucker in removing the property. Within 3 days of after the removal of the goods, the sheriff, or the plaintiff, if the plaintiff or the plaintiff's agent removed the property under par. (am), shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and. If the sheriff selected a mover or trucker to remove the property from the premises, the sheriff shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff or by the plaintiff to a place of safekeeping shall be the responsibility of the defendant, and any. Any person accepting goods from the sheriff or the plaintiff for storage under this subsection, or the plaintiff, if he or she stores the property in his or her premises, shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse keeper under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after the property is delivered to a place of safekeeping by the sheriff or by the plaintiff.

AB872-ASA1, s. 8 Section 8. 799.45 (3) (bm) of the statutes is created to read:

AB872-ASA1,5,8 799.45 (3) (bm) The person storing property placed in storage under par. (am) or (b) may sell that property by auction when the costs of the removal and storage exceed the value of the property if the defendant has not paid for any outstanding charges for moving and storing the property and claimed the property. If the property is auctioned, the person who stored the property shall deduct from the proceeds of the auction the auction and storage charges and disburse any remaining proceeds to the plaintiff for any moving expenses incurred and then to the defendant. The warehouse keeper shall send a notice of an accounting of the auction proceeds and disbursements to the defendant and to the sheriff within 3 days after the auction is completed.

AB872-ASA1, s. 9 Section 9. 799.45 (3) (c) of the statutes is amended to read:

AB872-ASA1,5,25 799.45 (3) (c) When, in the exercise of ordinary care, the sheriff determines that the aggregate value of the property removed from premises described in the writ is without monetary value less than $150, the sheriff may deliver or cause the same to be delivered to some appropriate place established for the collection, storage and disposal of refuse. In such case the sheriff shall notify the defendant as specified in sub. (4) of the place to which the goods have been delivered within 3 days of the removal of the goods. When, in the exercise of ordinary care, the sheriff determines that the aggregate value of the property removed from premises described in the writ is equal to or greater than $150, the sheriff may order that any individual piece of the tenant's property of negligible monetary value be delivered to some appropriate place established for the collection, storage and disposal of refuse. The exercise of ordinary care by the sheriff under this subsection does not include searching apparently valueless property for hidden or secreted articles of value. If the sheriff acts in good faith under this subsection, the sheriff is immune from civil liability for any damages resulting from the delivery of the property to some appropriate place established for the collection, storage and disposal of refuse.

AB872-ASA1, s. 10 Section 10. 799.45 (4) of the statutes is amended to read:

AB872-ASA1,6,6 799.45 (4) Manner of giving notice to defendant. All notices required by sub. (3) to be given to the defendant by the sheriff or by the plaintiff shall be in writing and shall be personally served upon the defendant or mailed to the defendant at the last-known address, even if such address be the premises which are the subject of the eviction action.

AB872-ASA1,6,7 (End)