Amendment ASA1-AB79

JS:skg:kaf

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 79

February 28, 1995 - Offered by Representative Albers.

AB79-ASA1,1,3 An Act to amend 704.19 (title) and (1) (b), 704.40 (2) (a), 708.02 and 799.40 (3); and to create 704.20 of the statutes; relating to: termination of certain farm tenancies and granting rule-making authority.

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

AB79-ASA1, s. 1 Section 1. 704.19 (title) and (1) (b) of the statutes are amended to read:

AB79-ASA1,1,6 704.19 (title) Notice necessary to terminate periodic tenancies and nonagricultural tenancies at will.

AB79-ASA1,1,8 (1) (b) A tenancy at will, except a tenancy at will in regard to agricultural property, as defined in s. 704.20 (1).

AB79-ASA1, s. 2 Section 2. 704.20 of the statutes is created to read:

AB79-ASA1,1,13 704.20 Termination of agricultural tenancies at will. (1) Definition. In this section, "agricultural property" means real property that is devoted to agricultural use, as defined in s. 91.01 (1), and principal residences located on that property.

AB79-ASA1,2,2 (2) Termination date. Except as provided in sub. (3) (b) or (4), leases for agricultural property that do not specify a termination date terminate on March 1.

AB79-ASA1,2,6 (3) Notice. (a) Each person who leases agricultural property as a landlord or tenant, if the lease does not specify a termination date, shall provide notice to the other party to the lease of the applicable termination date under sub. (2) or (4) in one of the following ways:

AB79-ASA1,2,9 1. By delivering the notice on or before the October 1 before the termination date and securing written acknowledgment that the other party has received the notice.

AB79-ASA1,2,11 2. By serving the notice personally to the other party on or before the October 1 before the termination date.

AB79-ASA1,2,15 3. If service under subd. 2. has been attempted without success, by publishing a class 3 notice under ch. 985 in a newspaper published in the county where the land is located, if the notice is complete on or before the November 1 before the termination date.

AB79-ASA1,2,17 4. By mailing the notice by certified mail on or before the October 1 before the termination date.

AB79-ASA1,2,19 (b) If a landlord or tenant does not provide notice under par. (a), the tenancy does not terminate on the applicable date under sub. (2) or (4).

AB79-ASA1,2,23 (4) Perennial crops. (a) If agricultural property is used to grow a perennial crop and notice under sub. (3) or (5) is given to the tenant, the lease terminates on May 10 of the 2nd calendar year after the year during which the notice was given, unless a different date is established under par. (b).

AB79-ASA1,3,3 (b) The department of agriculture, trade and consumer protection may, by rule, establish different lease termination dates for particular perennial crops, if another date would benefit both landlords and tenants.

AB79-ASA1,3,9 (5) Change of ownership between notice and termination dates. If agricultural property subject to a lease that does not specify a termination date is sold or otherwise transferred after October 1 and notice has not previously been given to the tenant under sub. (3), the successor landlord may, notwithstanding sub. (3) (b), give notice of termination effective on the applicable date under sub. (2) or (4) by doing all of the following:

AB79-ASA1,3,11 (a) Providing notice of termination no later than February 1, using one of the methods specified in sub. (3) (a).

AB79-ASA1,3,14 (b) Prior to March 1, reimbursing the tenant being terminated for all expenditures and tillage activity previously made or done in anticipation of the next crop year, if the termination was effective on March 1.

AB79-ASA1, s. 3 Section 3. 704.40 (2) (a) of the statutes is amended to read:

AB79-ASA1,3,17 704.40 (2) (a) If the occupant has no lease for a term, upon terminating the occupant's tenancy by giving notice as provided in s. 704.19; or 704.20.

AB79-ASA1, s. 4 Section 4. 708.02 of the statutes is amended to read:

AB79-ASA1,3,24 708.02 Foreclosure; effect in lease. If property, other than agricultural property, as defined in s. 704.20 (1), that is subject to a lien created by a mortgage or land contract is leased after the lien has attached, the lease is subject to termination at the time the interest of the lienor is terminated. After the termination of a lien, a lessee of agricultural property, as defined in s. 704.20 (1), shall make the lease payments to the holder of the title, and the lease remains subject to s. 704.20.

AB79-ASA1, s. 5 Section 5. 799.40 (3) of the statutes is amended to read:

AB79-ASA1,4,2 799.40 (3) Exception. Nothing in this section shall affect affects ss. 704.09 (4) and, 704.19 and 704.20.

AB79-ASA1, s. 6 Section 6. Initial applicability.

AB79-ASA1,4,5 (1)  This act first applies to leases entered into on the effective date of this subsection.

AB79-ASA1,4,6 (End)