325,22
Section
22. 704.90 (6) (a) 2. of the statutes is amended to read:
704.90 (6) (a) 2. The operator has complied with the notice requirements under sub. subs. (5) (b) and (7) (b).
325,23
Section
23. 704.90 (6) (a) 4. of the statutes is amended to read:
704.90 (6) (a) 4. An advertisement of the sale is published once a week for 2 consecutive weeks in a newspaper of general circulation where the self-service storage facility or unit is located.
325,25b
Section 25b. 704.90 (6) (a) 5. a. of the statutes is amended to read:
704.90 (6) (a) 5. a. A brief and general description of the personal property reasonably adequate to permit its identification, as provided in the notices under sub. (5) (b).
325,26
Section
26. 704.90 (6) (a) 6. of the statutes is amended to read:
704.90 (6) (a) 6. The sale takes place not sooner than 15 days after the first publication under subd. 4.
325,27
Section
27. 704.90 (6) (a) 7. (intro.) of the statutes is amended to read:
704.90 (6) (a) 7. (intro.) The
Except as provided in par. (am), the sale conforms to the terms of the notices under sub. (5) (b) and to any of the following:
325,28
Section
28. 704.90 (6) (a) 7. c. of the statutes is amended to read:
704.90 (6) (a) 7. c. The personal property is sold in another manner that is commercially reasonable, including by means of the Internet.
325,29
Section
29. 704.90 (6) (a) 8. of the statutes is amended to read:
704.90 (6) (a) 8. The sale is conducted at an Internet site that is reasonably expected to attract bidders or, if conducted at a physical location, is held at the self-service storage facility, at the self-service storage unit, or at the nearest suitable place to the place where the personal property is stored.
325,30
Section
30. 704.90 (6) (am) of the statutes is created to read:
704.90 (6) (am) If the sale is advertised to be a public sale at a physical location, notwithstanding the date and time specified in the notice under sub. (5) (b) 2. d. for the sale, the operator may postpone the sale for up to 14 days due to inclement weather on the day of the sale. If the sale is postponed, the operator shall provide notice of the new date, time, and place of the sale in an advertisement that satisfies the requirements under par. (a) 5. and that provides the original date of the sale, that explains that the original sale was postponed, and that provides the reason for the postponement. The advertisement under this paragraph may be published in the manner provided in par. (a) 4. and the sale on the new date may be conducted as provided in par. (a) 8. The operator shall also send notice at least 5 days before the new date of the sale, by regular mail to the last-known address of the lessee or by electronic mail to the last-known electronic mail address of the lessee, stating that the sale was postponed and providing the new date, time, and place of the sale.
325,31
Section
31. 704.90 (6) (b) of the statutes is amended to read:
704.90 (6) (b) The operator first shall apply the proceeds of the sale first to satisfy the lien under sub. (3) (a). The operator then shall return any balance of the proceeds to the lessee or, if the operator cannot with due diligence locate the lessee, report and deliver any balance to the secretary of revenue as provided under ch. 177.
325,32
Section
32. 704.90 (7) (title) of the statutes is amended to read:
704.90 (7) (title) Notice; presumption of delivery; use of electronic mail.
325,33
Section
33. 704.90 (7) of the statutes is renumbered 704.90 (7) (a).
325,34
Section
34. 704.90 (7) (b) of the statutes is created to read:
704.90 (7) (b) A notice under sub. (5) (b) 1. or 2. or (6) (am) may be sent by electronic mail only if the operator uses a service that provides confirmation of the receipt of electronic mail and the operator receives confirmation that the notice was received. If the operator does not use such a service or if receipt is not confirmed, the operator must send the notice by regular or verified mail, whichever is applicable.
325,35
Section
35.
Initial applicability.
(1) The treatment of section 704.90 (4b) (a) of the statutes first applies to a late fee charged for nonpayment of rent under a rental agreement entered into, modified, or renewed on the effective date of this subsection.
(2) The treatment of section 704.90 (5) (a) of the statutes first applies to redeeming personal property under a rental agreement entered into, modified, or renewed on the effective date of this subsection.
(3) The treatment of section 704.90 (1) (i) and (j), (5) (b) 1. (intro.) and b. and 2. (intro.), ag., and d. and (c), and (7) (title) of the statutes, the renumbering of section 704.90 (7) of the statutes, and the creation of section 704.90 (7) (b) of the statutes first apply to notices sent with respect to a default or failure to pay rent under a rental agreement entered into, modified, or renewed on the effective date of this subsection.
(4) The treatment of sections 349.13 (3m) (a) 1., 1g., 1n., 1r., and 3., (bm), (d), and (dr) 2. and 704.90 (5) (b) (intro.) and (5r) of the statutes first applies to the removal of a vehicle stored in a leased space under a rental agreement entered into, modified, or renewed on the effective date of this subsection.
(5) The treatment of section 704.90 (6) (a) 2., 4., 6., 7. (intro.) and c., and 8., (am), and (b) of the statutes first applies to sales of personal property as a result of a default or failure to pay rent under a rental agreement entered into, modified, or renewed on the effective date of this subsection.
325,36m
Section 36m.
Effective date.
(1) This act takes effect on July 1, 2018.
