2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 183
May 13, 2013 - Offered by Representatives Young,
Bewley and Genrich.
1An Act to repeal
704.28 (4) (d); to renumber and amend
349.13 (3m); to
349.13 (5) (b) 2., 349.13 (5) (c), 704.05 (5) (bf), 704.07 (2) (bm) 1., 704.08, 3
704.28 (2), 704.28 (4) (b), 704.95, 799.05 (3) (b), 799.06 (2), 799.20 (4), 799.206 4
(3), 799.40 (1), 799.40 (1m) and 799.44 (2); and to create
349.13 (3m) (a), (c), 5
(d) and (e), 704.28 (5) and 895.489 of the statutes; relating to: miscellaneous
6provisions related to rental and vehicle towing practices and eviction
7proceedings, providing an exemption from emergency rule procedures, and
8granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and 10
amended to read:
(b) No If private property is not properly posted and a
vehicle 12involved in trespass parking on a is parked on the
lot or facility shall
1be removed property and is not authorized to be parked there, the vehicle may be
2removed immediately, at the vehicle owner's expense,
without the permission of the 3
vehicle owner, except
upon the issuance of a repossession judgment or upon formal
4complaint and the issuance of
a citation for illegal parking issued by a traffic or police
349.13 (3m) (a), (c), (d) and (e) of the statutes are created to read:
(a) In this subsection:
1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).
2. "Properly posted" means there is clearly visible notice that an area is private 10
property and that vehicles that are not authorized to park in this area may be 11
(c) If private property is properly posted and a vehicle is parked on the private 13
property and is not authorized to be parked there, the vehicle may be removed 14
immediately, at the vehicle owner's expense, without the permission of the vehicle 15
owner, regardless of whether a citation is issued for illegal parking.
(d) A vehicle may be removed from private property under par. (b) or (c) only 17
by a towing service at the request of the property owner or property owner's agent, 18
a traffic officer, or a parking enforcer. The vehicle owner shall pay the reasonable 19
charges for removal and, if applicable, storage of the vehicle. If the vehicle was 20
removed at the request of the property owner or property owner's agent, these 21
reasonable charges shall be paid directly to the towing service, and the towing service 22
may impound the vehicle until these charges are paid. If these charges have not been 23
paid in full within 30 days of the vehicle's removal and the vehicle owner has not 24
entered into a written agreement with the towing service to pay these reasonable
charges in installment payments, the vehicle shall be deemed abandoned and may 2
be disposed of as are other abandoned vehicles.
(e) The department shall promulgate rules establishing reasonable charges for 4
removal and storage of vehicles under this subsection.
349.13 (5) (b) 2. of the statutes is amended to read:
(b) 2. A person who has custody of a vehicle removed or stored under 7
subs. (3) to (4) or otherwise at the request of a law enforcement officer, traffic officer,
8parking enforcer, property owner, or property owner's agent
shall release the 9
personal property within the vehicle to the owner of the vehicle during regular office 10
hours upon presentation by the owner of proper identification.
349.13 (5) (c) of the statutes is amended to read:
(c) A traffic or police officer or parking enforcer
who requests removal 13
of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of 14
requesting the removal, notify the towing service of the name and last-known 15
address of the registered owner and all lienholders of record of the vehicle if the 16
vehicle is to be removed to any location other than a public highway within one mile 17
from 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 19
services agreement which requires the municipality or county to provide notice to 20
such owner and lienholders of the towing.
704.05 (5) (bf) of the statutes is amended to read:
(bf) Notice that landlord will not store property.
If the landlord does 23
not intend to store personal property left behind by a tenant, except as provided in 24
par. (am), the landlord shall provide written notice to a tenant,
when the tenant 25
enters into, and when the tenant or
a rental agreement or at any other time
1before the tenant removes from the premises,
that the landlord will not store any 2
items of personal property that the tenant leaves behind when the tenant removes 3
from the premises, except as provided in par. (am). Notwithstanding pars. (a), (am), 4
and (b), if the landlord does not provide has not provided
to a tenant the notice 5
required under this paragraph, the landlord shall comply with s. 704.05, 2009 stats., 6
with respect to any personal property left behind by the tenant when the tenant 7
removes from the premises.
704.07 (2) (bm) 1. of the statutes is amended to read:
(bm) 1. The landlord has actual knowledge received written notice 10
of the violation from a local housing code enforcement agency
704.08 of the statutes is amended to read:
12704.08 Information check-in
A landlord shall provide to 13
a new residential tenant when the tenant commences his or her occupancy of the 14
premises a standardized information
check-in sheet that contains an itemized
15description of the tenant may use to make comments, if any, about
the condition of 16
the premises at the time of check-in
. The tenant shall be given 7 days from the date 17
the tenant commences his or her occupancy to complete the check-in sheet and 18
return it to the landlord. The landlord is not required to provide the information 19
check-in sheet to a tenant upon renewal of a rental agreement. This section does not 20
apply to the rental of a plot of ground on which a manufactured home, as defined in 21
s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be 22
704.28 (2) of the statutes is amended to read:
704.28 (2) Nonstandard rental provisions.
Except as provided in sub. (3), a 25
rental agreement may include one or more nonstandard rental provisions that
authorize the landlord to withhold amounts from the tenant's security deposit for 2
reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions 3
shall be provided to the tenant in a separate written document entitled 4
"NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify 5and discuss
each nonstandard rental provision with the tenant before the tenant 6
enters into a rental agreement with the landlord. If the tenant signs
his or her name,
7or writes his or her initials, by
a nonstandard rental provision, it is rebuttably 8
presumed that the landlord has specifically identified and discussed
nonstandard rental provision with the tenant and that the tenant has agreed to it.
704.28 (4) (b) of the statutes is amended to read:
(b) If the tenant vacates the premises before the termination date 12
of the rental agreement or if the tenant is evicted
, the date on which the tenant's 13
rental agreement terminates or, if the landlord rerents the premises before the 14
tenant's rental agreement terminates, the date on which the new tenant's tenancy 15
704.28 (4) (d) of the statutes is repealed.
704.28 (5) of the statutes is created to read:
704.28 (5) Application to residential tenancies.
This section applies to 19
residential tenancies only.
704.95 of the statutes is amended to read:
21704.95 Practices regulated by the department of agriculture, trade
22and consumer protection.
Practices in violation of this chapter s. 704.28 or 704.44 23
may also constitute unfair methods of competition or unfair trade practices under s. 24
100.20. However, the department of agriculture, trade and consumer protection may
not issue an order or promulgate a rule under s. 100.20 that changes any right or duty 2
arising under this chapter.
799.05 (3) (b) of the statutes is amended to read:
(b) Except in eviction actions, the return date for a summons served 5
upon a resident of this state shall be not less than 8 days nor more than 30 days from 6
the issue date, and service shall be made not less than 8 days prior to the return date. 7
In eviction actions, the return date for a summons served upon a resident of this state 8
shall be not less than 5 days nor more than 30 14
days from the issue date, and service 9
shall be made not less than 5 days prior to the return date.
799.06 (2) of the statutes is amended to read:
A person may commence and prosecute or defend an action or 12
proceeding under this chapter and may appear in his, her,
or its own proper person 13
or by an attorney regularly authorized to practice in the courts of this state. Under 14
this subsection, a person is considered to be acting in his, her,
or its own proper 15
person if the appearance is by a full-time member or
authorized employee of the 16
person, or by an agent of the member or an authorized employee of the agent
. An 17
assignee of any cause of action under this chapter shall not appear by a full-time 18
authorized employee, unless the employee is an attorney regularly authorized to 19
practice in the courts of this state.
799.20 (4) of the statutes is amended to read:
799.20 (4) Inquiry of defendant who appears on return date.
If the defendant 22
appears on the return date of the summons or any adjourned date thereof, the court 23
or circuit court commissioner shall make sufficient inquiry of the defendant to 24
determine whether the defendant claims a defense to the action. If it appears to the 25
court or circuit court commissioner that the defendant claims a defense to the action,
the court or circuit court commissioner shall schedule a trial of all the issues involved 2
in the action, unless the parties stipulate otherwise or the action is subject to 3
immediate dismissal. In an eviction action, the court or circuit court commissioner
4shall schedule a trial of all the issues involved in the action within 20 days of the
5return date of the summons or any adjourned date thereof, unless the parties
6stipulate otherwise or the action is subject to immediate dismissal.
799.206 (3) of the statutes is amended to read:
When all parties appear in person or by their attorneys on the 9
return date in an eviction, garnishment,
or replevin action and any party claims that 10
a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as 11
soon as possible before a judge and in the case of an eviction action, not more than
1220 days after the return date
799.40 (1) of the statutes is amended to read:
799.40 (1) When commenced.
A civil action of eviction may be commenced by 15
a person entitled to the possession of real property, or by that person's agent
16authorized in writing,
to remove therefrom any person who is not entitled to either 17
the possession or occupancy of such real property.
799.40 (1m) of the statutes is amended to read:
799.40 (1m) Acceptance of rent or other payment.
If a landlord commences 20
an action under this section against a tenant whose tenancy has been terminated for 21
failure to pay rent or for any other reason
, the action under this section may not be 22
because the landlord accepts past due rent or any other payment 23
from the tenant after the termination of the tenant's tenancy serving notice of default
24or after commencing the action
799.44 (2) of the statutes is amended to read:
799.44 (2) Writ of restitution.
At the time of ordering judgment for the 2
restitution of premises, the court shall order that a writ of restitution be issued, and
3the writ may be within 5 days and
delivered to the sheriff for execution in accordance 4
with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days 5
after its issuance.
895.489 of the statutes is created to read: