LRBs0303/1
EVM&JK:sac:rs
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 725
February 13, 2014 - Offered by Representative Jacque.
AB725-ASA1,1,6 1An Act to repeal 62.69 (2) (g); to renumber and amend 66.0809 (3) and
266.0809 (5) (b) 1.; to consolidate, renumber and amend 66.0809 (5) (b)
3(intro.) and 2.; to amend 66.0809 (5) (c) and 66.0809 (5) (d); and to create
466.0809 (3m), 66.0809 (5) (bm), 66.0809 (7), 66.0809 (8), 66.0809 (9), 66.0809
5(10) and 196.37 (5) of the statutes; relating to: collection of certain municipal
6utility arrearages and the provision of municipal utility service to tenants.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB725-ASA1,1 7Section 1. 62.69 (2) (g) of the statutes is repealed.
AB725-ASA1,2 8Section 2. 66.0809 (3) of the statutes is renumbered 66.0809 (3) (a) and
9amended to read:
AB725-ASA1,2,1510 66.0809 (3) (a) Except as provided in subs. (4) and (5), on October 15 in each year
11notice shall be given to the owner or occupant of all the lots or parcels of real estate

1to which utility service has been furnished prior to October 1 by a public utility
2operated by a town, city, or village and payment for which is owing and in arrears at
3the time of giving the notice. The department in charge of the utility shall furnish
4the treasurer with a list of the lots or parcels of real estate for which utility service
5charges are in arrears, and the notice shall be given by the treasurer, unless the
6governing body of the city, village, or town authorizes notice to be given directly by
7the department. The notice shall be in writing and shall state the amount of arrears,
8including any penalty assessed pursuant to the rules of the utility; that unless the
9amount is paid by November 1 a penalty of 10 percent of the amount of arrears will
10be added; and that unless the arrears, with any added penalty, are paid by November
1115, the arrears and penalty will be levied as a tax against the lot or parcel of real
12estate to which utility service was furnished and for which payment is delinquent.
13The notice may be served by delivery to either the owner or occupant personally, or
14by letter addressed to the owner or occupant at the post-office address of the lot or
15parcel of real estate.
AB725-ASA1,2,23 16(b) On November 16, the officer or department issuing the notice shall certify
17and file with the clerk a list of all lots or parcels of real estate, giving the legal
18description, for which notice of arrears was given under par. (a) and for which arrears
19remain unpaid, stating the amount of arrears and penalty. Each delinquent amount,
20including the penalty, becomes a lien upon the lot or parcel of real estate to which the
21utility service was furnished and payment for which is delinquent, and the clerk
22shall insert the delinquent amount and penalty as a tax against the lot or parcel of
23real estate.
AB725-ASA1,3,3
1(c) All proceedings in relation to the collection of general property taxes and to
2the return and sale of property for delinquent taxes apply to the tax under par. (b)
3if it is not paid within the time required by law for payment of taxes upon real estate.
AB725-ASA1,3,11 4(d) Under this subsection, if an arrearage is for utility service furnished and
5metered by the utility directly to a manufactured home or mobile home unit in a
6licensed manufactured and mobile home community, the notice shall be given to the
7owner of the manufactured home or mobile home unit and the delinquent amount
8becomes a lien on the manufactured home or mobile home unit rather than a lien on
9the parcel of real estate on which the manufactured home or mobile home unit is
10located. A lien on a manufactured home or mobile home unit may be enforced using
11the procedures under s. 779.48 (2).
AB725-ASA1,3,13 12(e) This subsection does not apply to arrearages collected using the procedure
13under s. 66.0627.
AB725-ASA1,3,15 14(f) In this subsection, "metered" means the use of any method to ascertain the
15amount of service used or the use of a flat rate billing method.
AB725-ASA1,3 16Section 3. 66.0809 (3m) of the statutes is created to read:
AB725-ASA1,3,2317 66.0809 (3m) (a) If sub. (5) applies and a notice of arrears under sub. (3) (a) is
18given or past-due charges are certified to the comptroller under s. 62.69 (2) (f), on the
19date the notice of arrears is given, or the past-due charges are certified under s. 62.69
20(2) (f), the municipality has a lien upon the assets of each tenant of a rental dwelling
21unit whom is responsible for arrears in the amount of the arrears, including any
22penalty assessed pursuant to the rules of the utility, on the date that the notice is
23given for which the tenant is responsible.
AB725-ASA1,4,524 (b) The department in charge of the utility shall provide a notice to each tenant
25against whom the municipal utility has a lien. The notice shall be in writing and

1shall state the amount of arrears including any penalty assessed pursuant to the
2rules of the utility, that the tenant is subject to a lien upon his or her assets for arrears
3for which he or she is responsible, that the lien will transfer to the owner of the rental
4dwelling unit if the owner pays the arrears, and that the lien will be enforceable upon
5the filing of the lien with the clerk of courts.
AB725-ASA1,4,96 (c) If par. (a) applies, prior to December 17, the municipality shall file with the
7clerk of courts a list of tenants of rental dwelling units responsible for arrears and
8against whom the municipality continues to have a lien. No action to enforce a lien
9under par. (a) may be maintained unless a notice of lien is filed under this paragraph.
AB725-ASA1,4,1510 (d) If par. (a) applies and the owner of the rental dwelling unit has paid the
11municipality the amount provided in the notice of arrears given under sub. (3) (a),
12or certified to the comptroller under s. 62.69 (2) (f), or the amount placed as tax
13against the real estate under sub. (3) (b) or s. 62.69 (2) (f), the lien under par. (a)
14transfers to the owner of the rental dwelling unit and the municipality no longer has
15a lien against the tenant.
AB725-ASA1,4,2116 (e) An owner of a rental dwelling unit who has a lien under par. (d) may file a
17notice of lien with the clerk of court of the county in which the rental dwelling unit
18is located not more than 6 months after the date the lien arose under par. (a). The
19clerk of courts shall file and enter the notice of lien in the judgment and lien docket.
20No action to enforce a lien under par. (d) may be maintained unless a notice of lien
21is filed under this paragraph.
AB725-ASA1,4,2322 (f) Within 7 days after a lien established and filed under this subsection is
23satisfied, the lienholder shall file with the clerk of courts a notice of lien satisfaction.
AB725-ASA1,4 24Section 4. 66.0809 (5) (b) (intro.) and 2. of the statutes are consolidated,
25renumbered 66.0809 (5) (b) and amended to read:
AB725-ASA1,5,9
166.0809 (5) (b) If this subsection applies, a A municipal public utility may use
2sub. (3) or, if s. 62.69 applies, s. 62.69 (2) (f), to collect arrearages incurred after the
3owner of a rental dwelling unit has provided the utility with written notice under par.
4(a) only if the municipality complies with at least one of the following: 2. In order to
5comply with this subdivision, if a customer who is a tenant has charges for water or
6electric service provided by the utility that are past due,
the municipal public utility
7shall serve serves notice of the past-due charges on the owner of the rental dwelling
8unit within 14 days of the date on which the tenant's charges became past due. The
9municipal public utility shall serve notice in the manner provided in s. 801.14 (2).
AB725-ASA1,5 10Section 5. 66.0809 (5) (b) 1. of the statutes is renumbered 66.0809 (5) (am) and
11amended to read:
AB725-ASA1,5,2512 66.0809 (5) (am) In order to comply with this subdivision, a A municipal public
13utility shall send bills for water or electric service to a customer who is a tenant in
14the tenant's own name. Each time that a municipal public utility notifies a customer
15who is a tenant that charges for water or electric service provided by the utility to
16the customer are past due for more than one billing cycle, the utility shall also serve
17a copy of the notice on the owner of the rental dwelling unit in the manner provided
18in s. 801.14 (2).
If a customer who is a tenant vacates his or her rental dwelling unit,
19and the owner of the rental dwelling unit provides the municipal public utility, no
20later than 21 days after the date on which the tenant vacates the rental dwelling
21unit, with a written notice that contains a forwarding address for the tenant and the
22date that the tenant vacated the rental dwelling unit, the utility shall continue to
23send past-due notices to the customer at his or her forwarding address until the
24past-due charges are paid or until notice has been provided under sub. (3) (a) or the
25past-due charges have been certified to the comptroller under s. 62.69 (2) (f)
.
AB725-ASA1,6
1Section 6. 66.0809 (5) (bm) of the statutes is created to read:
AB725-ASA1,6,52 66.0809 (5) (bm) 1. No earlier than 14 days after receiving a notice under sub.
3(5) (b) of a tenant's past-due charges for electric service, the owner of a rental unit
4may request that the municipal public utility terminate electric service to the rental
5dwelling unit.
AB725-ASA1,6,116 2. Upon receipt of a request under subd. 1., the municipal public utility shall
7serve notice on the tenant that unless all past-due charges are paid within 10 days,
8electric service to the rental dwelling unit will be terminated. The municipal public
9utility shall serve notice in the manner provided in s. 801.14 (2). This subdivision
10does not apply if a municipal public utility may not use the procedures under sub.
11(3) to collect the past-due changes.
AB725-ASA1,6,1612 3. Except as provided under rules of the public service commission relating to
13disconnections of service and subject to the procedural requirements under those
14rules, unless all past-due charges are paid, the municipal utility shall terminate
15electric service to the rental dwelling unit within 14 days after serving the notice
16under subd. 2.
AB725-ASA1,7 17Section 7. 66.0809 (5) (c) of the statutes is amended to read:
AB725-ASA1,6,2218 66.0809 (5) (c) A municipal public utility may demonstrate compliance with the
19notice requirements of par. (b) 1. or 2. (bm) by providing evidence of having sent the
20notice by U.S. mail or, if the person receiving the notice has consented to receive
21notice in an electronic format, by providing evidence of having sent the notice in an
22electronic format
.
AB725-ASA1,8 23Section 8. 66.0809 (5) (d) of the statutes is amended to read:
AB725-ASA1,7,224 66.0809 (5) (d) If this subsection applies and a municipal public utility is
25permitted
elects to collect arrearages under sub. (3) or s. 62.69 (2) (f), the municipal

1public utility shall provide all notices under sub. (3) or s. 62.69 (2) (f) to the tenant
2and to
the owner of the property or a person designated by the owner.
AB725-ASA1,9 3Section 9. 66.0809 (7) of the statutes is created to read:
AB725-ASA1,7,54 66.0809 (7) A municipal utility may require a prospective customer to submit
5an application for water or electric service.
AB725-ASA1,10 6Section 10. 66.0809 (8) of the statutes is created to read:
AB725-ASA1,7,107 66.0809 (8) A municipal public utility shall disclose to the owner of a rental
8dwelling unit, upon the owner's request, whether a new or prospective tenant has
9outstanding past-due charges for utility service to that municipal public utility in
10that tenant's name at a different address.
AB725-ASA1,11 11Section 11. 66.0809 (9) of the statutes is created to read:
AB725-ASA1,7,1312 66.0809 (9) A municipal utility is not required to offer a customer who is a
13tenant at a rental dwelling unit a deferred payment agreement.
AB725-ASA1,12 14Section 12. 66.0809 (10) of the statutes is created to read:
AB725-ASA1,7,1915 66.0809 (10) A municipal utility may adopt application, deposit, disconnection,
16or collection rules and practices that distinguish between customers based upon
17whether the customer owns or leases the property that is receiving utility service
18where the possibility exists for any unpaid bills of a tenant to become a lien on the
19property that is receiving utility service.
AB725-ASA1,13 20Section 13. 196.37 (5) of the statutes is created to read:
AB725-ASA1,8,221 196.37 (5) It is not unreasonable or unjustly discriminatory for a municipal
22public utility to adopt application, deposit, disconnection, or collection rules and
23practices that distinguish between customers based upon whether the customer
24owns or leases the property that is receiving utility service where the possibility

1exists for any unpaid bills of a tenant to become a lien on the property that is
2receiving utility service.
AB725-ASA1,14 3Section 14 . Initial applicability.
AB725-ASA1,8,64 (1) The treatment of sections 62.69 (2) (g) and 66.0809 (3) and (5) (b) (intro.),
51., and 2. of the statutes first applies to arrearages incurred on the effective date of
6this subsection.
AB725-ASA1,8,87 (2) The treatment of section 66.0809 (3m) of the statutes first applies to a notice
8of arrears given on the effective date of this subsection.
AB725-ASA1,15 9Section 15. Effective dates. This act takes effect on the day after publication,
10except as follows:
AB725-ASA1,8,1311 (1) The treatment of sections 62.69 (2) (g) and 66.0809 (3), (3m), and (5) (b)
12(intro.), 1., and 2., (bm), (c), and (d) of the statutes and Section 14 (1) and (2) of this
13act take effect on the first day of the 9th month beginning after publication.
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