Amendment SSA2-SB445

SB445-SSA2,12,13 (2) At the landlord's discretion. (a) If a trespasser is removed or otherwise removes from residential rental property and leaves personal property, the landlord shall hold the personal property for 7 days from the date on which the landlord discovers the personal property. After that time, the landlord may presume that the trespasser has abandoned the personal property and may dispose of the personal property in any manner that the landlord, in the landlord's sole discretion, determines is appropriate but shall promptly return the personal property to the trespasser if the landlord receives a request for its return before the landlord disposes of it.

SB445-SSA2,12,18 (b) If the landlord disposes of the abandoned personal property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and, if the landlord has first stored the personal property, minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (h).

SB445-SSA2,13,2 (3) Rights of 3rd persons. The landlord's power to dispose as provided by this section applies to any personal property left on the landlord's property by the trespasser, whether owned by the trespasser or by others. The power to dispose under this section applies notwithstanding any rights of others existing under any claim of ownership or security interest. The trespasser, other owner, or any secured party has the right to redeem the personal property at any time before the landlord has disposed of it or entered into a contract for its disposition by payment of any expenses that the landlord has incurred with respect to the disposition of the personal property.

SB445-SSA2,22 Section 22. 704.17 (1) (b) of the statutes is renumbered 704.17 (1) (b) (intro.) and amended to read:

SB445-SSA2,13,8 704.17 (1) (b) (intro.) If a month-to-month tenant commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's agreement, other than for payment of rent, the tenancy can be terminated if the landlord gives any of the following applies:

SB445-SSA2,13,10 2. The landlord gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,23 Section 23. 704.17 (1) (b) 1. of the statutes is created to read:

SB445-SSA2,13,23 704.17 (1) (b) 1. The landlord gives the tenant a notice that requires the tenant to either remedy the default or vacate the premises no later than a date at least 5 days after the giving of the notice, and the tenant fails to comply with the notice. A tenant is considered to be complying with the notice if promptly upon receipt of the notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach. If, within one year from receiving a notice under this subdivision, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant's rental agreement, other than for payment of rent, the tenant's tenancy is terminated if the landlord gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,24 Section 24. 704.17 (2) (b) of the statutes is amended to read:

SB445-SSA2,14,16 704.17 (2) (b) If a tenant under a lease for a term of one year or less, or a year-to-year tenant, commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice requiring the tenant to remedy the default or vacate the premises on or before a date at least 5 days after the giving of the notice, and if the tenant fails to comply with such notice. A tenant is deemed to be complying with the notice if promptly upon receipt of such notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach. If within one year from the giving of any such notice, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord, prior to the tenant's remedying the waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.

SB445-SSA2,25 Section 25. 704.17 (3m) of the statutes is created to read:

SB445-SSA2,14,18 704.17 (3m) Criminal activity. (a) In this subsection:

SB445-SSA2,14,19 1. "Controlled substance" has the meaning given in s. 961.01 (4).

SB445-SSA2,15,2 2. "Drug-related criminal activity" means criminal activity that involves the manufacture or distribution of a controlled substance. "Drug-related criminal activity" does not include the manufacture, possession, or use of a controlled substance that is prescribed by a physician for the use of a disabled person, as defined in s. 100.264 (1) (a), and that is manufactured by, used by, or in the possession of the disabled person or in the possession of the disabled person's personal care worker or other caregiver.

SB445-SSA2,15,23 (b) 1. Notwithstanding subs. (1) (b), (2) (b), and (3) (a), and except as provided in par. (c), a landlord may, upon notice to the tenant, terminate the tenancy of a tenant, without giving the tenant an opportunity to remedy the default, if the tenant, a member of the tenant's household, or a guest or other invitee of the tenant or of a member of the tenant's household engages in any criminal activity that threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants; engages in any criminal activity that threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; engages in any criminal activity that threatens the health or safety of the landlord or an agent or employee of the landlord; or engages in any drug-related criminal activity on or near the premises. The notice shall require the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance; include a description of the criminal activity or drug-related criminal activity, the date on which the activity took place, and the identity or description of the individuals engaging in the activity; advise the tenant that he or she may seek the assistance of legal counsel, a volunteer legal clinic, or a tenant resource center; and state that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction action is filed. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegation in the notice.

SB445-SSA2,16,2 2. To terminate a tenancy under this subsection, it is not necessary that the individual committing the criminal activity or drug-related criminal activity has been arrested for or convicted of the criminal activity or drug-related criminal activity.

SB445-SSA2,16,4 (c) Paragraph (b) does not apply to a tenant who is the victim, as defined in s. 950.02 (4), of the criminal activity.

SB445-SSA2,26 Section 26. 704.17 (5) of the statutes is renumbered 704.17 (5) (a) and amended to read:

SB445-SSA2,16,9 704.17 (5) (a) Provisions Except as provided in par. (b), provisions in the lease or rental agreement for termination contrary to this section are invalid except in leases for more than one year.

SB445-SSA2,27 Section 27. 704.17 (5) (b) of the statutes is created to read:

SB445-SSA2,16,12 704.17 (5) (b) Provisions in any lease or rental agreement for termination contrary to sub. (3m) are invalid.

SB445-SSA2,28 Section 28. 704.19 (2) (b) 2. of the statutes is amended to read:

SB445-SSA2,16,18 704.19 (2) (b) 2. Notwithstanding subd. 1., nothing in this section prevents termination of a tenancy before the end of a rental period because of an imminent threat of serious physical harm, as provided in s. 704.16, or for criminal activity or drug-related criminal activity, nonpayment of rent, or breach of any other condition of the tenancy, as provided in s. 704.17.

SB445-SSA2,29 Section 29. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB445-SSA2,16,22 706.22 (title) Prohibition on imposing time-of-sale, purchase, or occupancy requirements.

SB445-SSA2,30 Section 30. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB445-SSA2,17,2 706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy of property prohibited.

SB445-SSA2,31 Section 31. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB445-SSA2,17,6 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit may by ordinance, resolution, or any other means restrict do any of the following:

SB445-SSA2,17,12 1m. Restrict the ability of an owner of real property to sell or otherwise transfer title to or refinance the property by requiring the owner or an agent of the owner to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

SB445-SSA2,32 Section 32. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. a.

SB445-SSA2,33 Section 33. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. b.

SB445-SSA2,34 Section 34. 706.22 (2) (a) 2m. of the statutes is created to read:

SB445-SSA2,17,22 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real property by requiring the person or an agent of the person to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

SB445-SSA2,17,23 a. Before the person may complete the purchase of or take title to the property.

SB445-SSA2,17,24 b. At the time of completing the purchase of or taking title to the property.

SB445-SSA2,18,2 c. Within a certain period of time after completing the purchase of or taking title to the property.

SB445-SSA2,35 Section 35. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (a) 1m. c.

SB445-SSA2,36 Section 36. 706.22 (2) (a) 3m. of the statutes is created to read:

SB445-SSA2,18,11 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to residential real property to take occupancy of the property by requiring the purchaser or transferee or an agent of the purchaser or transferee to take certain actions with respect to the property or pay a related fee, to show compliance with taking certain actions with respect to the property, or to pay a fee for failing to take certain actions with respect to the property, at any of the following times:

SB445-SSA2,18,12 a. Before the purchaser or transferee may take occupancy of the property.

SB445-SSA2,18,13 b. At the time of taking occupancy of the property.

SB445-SSA2,18,14 c. Within a certain period of time after taking occupancy of the property.

SB445-SSA2,37 Section 37. 706.22 (2) (b) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (2) (b) (intro.) and amended to read:

SB445-SSA2,18,17 706.22 (2) (b) (intro.) Paragraph (a) does not prohibit do any of the following:

SB445-SSA2,18,21 1. Prohibit a local governmental unit from requiring a real property owner or the owner's agent to take certain actions with respect to the property not in connection with the purchase, sale, or refinancing of, or the transfer of title to, the property.

SB445-SSA2,38 Section 38. 706.22 (2) (b) 2. of the statutes is created to read:

SB445-SSA2,19,2 706.22 (2) (b) 2. Prohibit a local governmental unit from enforcing, or otherwise affect the responsibility, authority, or ability of a local governmental unit to enforce, a federal or state requirement that does any of the things a local governmental unit is prohibited from doing under par. (a).

SB445-SSA2,39 Section 39. 706.22 (3) of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 706.22 (3) (a) and amended to read:

SB445-SSA2,19,7 706.22 (3) (a) If a local governmental unit has in effect on July 14, 2015, an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 1m., the ordinance, resolution, or policy does not apply and may not be enforced.

SB445-SSA2,40 Section 40. 706.22 (3) (b) of the statutes is created to read:

SB445-SSA2,19,12 706.22 (3) (b) If a local governmental unit has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not apply and may not be enforced.

SB445-SSA2,41 Section 41. 800.035 (1) of the statutes is amended to read:

SB445-SSA2,19,20 800.035 (1) A defendant may make an initial appearance in person or by submitting a written response to the citation or complaint except when the judge has required an appearance under s. 800.02 (2) (ag) 4. For the purposes of this section, if a defendant is a limited liability company, the defendant appears in person if the appearance is by a member, as defined in s. 183.0102 (15), by an agent or authorized employee of the defendant, or by an agent of the member or an authorized employee of the agent.

SB445-SSA2,42 Section 42. 943.14 of the statutes is renumbered 943.14 (2) and amended to read:

SB445-SSA2,20,2 943.14 (2) Whoever intentionally enters or remains in the dwelling of another without the consent of some person lawfully upon the premises or, if no person is lawfully upon the premises, without the consent of the owner of the property that includes the dwelling, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor.

SB445-SSA2,43 Section 43. 943.14 (1) of the statutes is created to read:

SB445-SSA2,20,7 943.14 (1) In this section, "dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others. For the purposes of this section, a dwelling meets that definition regardless of whether the dwelling is currently occupied by a resident.

SB445-SSA2,44 Section 44. Initial applicability.

SB445-SSA2,20,11 (1) The treatment of sections 704.17 (3m) and 704.19 (2) (b) 2. of the statutes first applies to criminal activities or drug-related criminal activities that are committed on the effective date of this subsection.

SB445-SSA2,20,14 (2) The creation of section 704.17 (5) (b) of the statutes first applies to leases and rental agreements that are entered into or renewed on the effective date of this subsection.

SB445-SSA2,20,15 (End)