LRBs0346/3
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2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 707
March 31, 2010 - Offered by Committee on Small Business, Emergency
Preparedness, Technical Colleges, and Consumer Protection
.
AB707-SSA1,1,7 1An Act to renumber and amend 704.90 (2m) and 704.90 (6) (a) 7.; to amend
2704.90 (1) (b), 704.90 (1) (d), 704.90 (4r) (b), 704.90 (5) (a), 704.90 (5) (b) (intro.),
3704.90 (5) (b) 2. (intro.), 704.90 (5) (b) 2. d., 704.90 (6) (title), 704.90 (6) (a) 4.,
4704.90 (6) (a) 5. b., 704.90 (6) (a) 8. and 704.90 (12); and to create 704.90 (1) (h),
5704.90 (2m) (b), 704.90 (3) (c), 704.90 (5m) and 704.90 (6) (a) 7. a., b. and c. of
6the statutes; relating to: self-service storage facility or unit notices and
7procedures.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB707-SSA1, s. 1 8Section 1. 704.90 (1) (b) of the statutes is amended to read:
AB707-SSA1,2,29 704.90 (1) (b) "Leased space" means a self-service storage unit or a space
10located within a self-service storage facility that a lessee is entitled to use for the
11storage of personal property on a self-service basis pursuant to a rental agreement

1and that is not rented or provided to the lessee in conjunction with property for
2residential use by the lessee.
AB707-SSA1, s. 2 3Section 2. 704.90 (1) (d) of the statutes is amended to read:
AB707-SSA1,2,74 704.90 (1) (d) "Operator" means the owner, lessor or sublessor of a self-service
5storage facility or of a self-service storage unit, an agent of any of them or any other
6person who is authorized by the owner, lessor or sublessor to manage the self-service
7storage facility or unit or to receive rent from a lessee under a rental agreement.
AB707-SSA1, s. 3 8Section 3. 704.90 (1) (h) of the statutes is created to read:
AB707-SSA1,2,129 704.90 (1) (h) "Self-service storage unit" means a box, shipping container, or
10trailer that is leased by a tenant primarily for use as a storage space whether the box,
11shipping container, or trailer is located at a facility owned or operated by the owner
12or at a location designated by the tenant.
AB707-SSA1, s. 4 13Section 4. 704.90 (2m) of the statutes is renumbered 704.90 (2m) (a) and
14amended to read:
AB707-SSA1,2,2015 704.90 (2m) (a) Every rental agreement shall be in writing and shall contain
16a provision allowing the lessee to specify the name and last-known address of a
17person who, in addition to the lessee, the operator is required to notify under sub. (5)
18(b) 1. If the rental agreement contains a provision that places a limit on the value
19of property that is stored in the leased space, that provision shall be typed in bold type
20or underlined type of the same size as the remainder of the agreement.
AB707-SSA1, s. 5 21Section 5. 704.90 (2m) (b) of the statutes is created to read:
AB707-SSA1,2,2522 704.90 (2m) (b) The rental agreement shall include a statement that if the
23lessee defaults on the payment of rent and the operator decides to sell the personal
24property under sub. (6), an advertisement of that sale will be provided in one of the
25following ways:
AB707-SSA1,3,2
11. By publication once a week for 2 consecutive weeks in a newspaper of general
2circulation where the self-service storage facility or unit is located.
AB707-SSA1,3,73 2. By publication once in a newspaper of general circulation where the
4self-service storage facility or unit is located and posting in 2 public places, one of
5which shall be on the Internet Web site of the Wisconsin Self Storage Association or
6on an Internet Web site maintained by the operator of the self-service storage facility
7or unit where the abandoned personal property is located.
AB707-SSA1, s. 6 8Section 6. 704.90 (3) (c) of the statutes is created to read:
AB707-SSA1,3,119 704.90 (3) (c) If the rental agreement contains a limit on the value of property
10stored in the lessee's storage space, the limit shall be presumed to be the maximum
11value of the property stored in that space.
AB707-SSA1, s. 7 12Section 7. 704.90 (4r) (b) of the statutes is amended to read:
AB707-SSA1,3,2213 704.90 (4r) (b) After the termination, by expiration or otherwise, of a rental
14agreement for the use of a leased space by a lessee, an operator may remove personal
15property remaining in the leased space and store the personal property at another
16site or within or outside the self-service storage facility or move the self-service
17storage unit to another site,
or the operator may continue to store the personal
18property in the leased space, and the operator may deny the former lessee access to
19the personal property until the lessee redeems the personal property under sub. (5)
20(a). The operator may charge a reasonable rent for storage of the personal property,
21whether at another site or in the leased space. A former lessee who fails to pay the
22rent is subject to all procedures and remedies set forth in this section for default.
AB707-SSA1, s. 8 23Section 8. 704.90 (5) (a) of the statutes is amended to read:
AB707-SSA1,4,324 704.90 (5) (a) At any time prior to disposal under sub. (5m) or sale under sub.
25(6), a lessee may redeem personal property by paying the operator any rent and other

1charges due. Upon receipt of such payment, the operator shall return the personal
2property, and thereafter the operator shall have no liability to any person with
3respect to such personal property.
AB707-SSA1, s. 9 4Section 9. 704.90 (5) (b) (intro.) of the statutes is amended to read:
AB707-SSA1,4,75 704.90 (5) (b) (intro.) An operator may not dispose of personal property under
6sub. (5m) or
sell personal property under sub. (6) unless the operator first delivers
7the following 2 notices:
AB707-SSA1, s. 10 8Section 10. 704.90 (5) (b) 2. (intro.) of the statutes is amended to read:
AB707-SSA1,4,119 704.90 (5) (b) 2. (intro.) A 2nd notice sent by certified mail or 1st class mail with
10a certificate of mailing
to the last-known address of the lessee containing all of the
11following:
AB707-SSA1, s. 11 12Section 11. 704.90 (5) (b) 2. d. of the statutes is amended to read:
AB707-SSA1,4,1813 704.90 (5) (b) 2. d. A statement that unless the rent and other charges are paid
14within the time period under subd. 2. c., the personal property may be disposed of if
15the fair market value of the property is less than $100 or
will be sold, a specification
16of the date, time and place of the sale and a statement that if the property is sold the
17operator shall apply the proceeds of the sale first to satisfy the lien and shall report
18and deliver any balance to the state treasurer as provided under ch. 177.
AB707-SSA1, s. 12 19Section 12. 704.90 (5m) of the statutes is created to read:
AB707-SSA1,4,2220 704.90 (5m) Disposal of certain property. If the fair market value of the
21personal property that was stored in the lessee's leased space is less than $100, an
22operator may do any of the following:
AB707-SSA1,4,2523 (a) Donate the personal property to an organization described in section 501
24(c) (3) of the Internal Revenue Code that is exempt from federal income tax under s.
25501 (a) of the Internal Revenue Code.
AB707-SSA1,4,26
1(b) Dispose of the personal property in a solid waste facility.
AB707-SSA1,5,22 (c) Have the personal property recycled.
AB707-SSA1,5,43 (d) Dispose of the personal property in another manner that is reasonable
4under the circumstances.
AB707-SSA1, s. 13 5Section 13. 704.90 (6) (title) of the statutes is amended to read:
AB707-SSA1,5,66 704.90 (6) (title) Sale, notice advertisement of sale and proceeds of sale.
AB707-SSA1, s. 14 7Section 14. 704.90 (6) (a) 4. of the statutes is amended to read:
AB707-SSA1,5,188 704.90 (6) (a) 4. An advertisement of the sale is published once a week for 2
9consecutive weeks in a newspaper of general circulation where the self-service
10storage facility or unit is located, or is published once in a newspaper of general
11circulation where the self-service storage facility or unit is located and is posted in
122 public places to give notice to the persons affected. In this subdivision, the Internet
13is considered a public place. If the operator decides to publish an advertisement of
14the sale by publication once in a newspaper and posting in 2 public places, one of the
15public places where the advertisement shall be posted is on the Internet Web site of
16the Wisconsin Self Storage Association or on an Internet Web site maintained by the
17operator of the self-service storage facility or unit where the abandoned personal
18property is located
.
AB707-SSA1, s. 15 19Section 15. 704.90 (6) (a) 5. b. of the statutes is amended to read:
AB707-SSA1,5,2220 704.90 (6) (a) 5. b. The address of the self-service storage facility, the number,
21if any, of the space where the personal property is located
or of the operator of the
22self-service storage unit
and the name of the lessee.
AB707-SSA1, s. 16 23Section 16. 704.90 (6) (a) 7. of the statutes is renumbered 704.90 (6) (a) 7.
24(intro.) and amended to read:
AB707-SSA1,6,3
1704.90 (6) (a) 7. (intro.) The sale is conducted in a commercially reasonable
2manner and
conforms to the terms of the notices under sub. (5) (b). and to any of the
3following:
AB707-SSA1, s. 17 4Section 17. 704.90 (6) (a) 7. a., b. and c. of the statutes are created to read:
AB707-SSA1,6,65 704.90 (6) (a) 7. a. The personal property is offered either as a single parcel or
6multiple parcels at a public sale attended by 3 or more bidders.
AB707-SSA1,6,87 b. The personal property has been offered to at least 3 persons who deal in the
8type of personal property offered for sale and is sold in a private transaction.
AB707-SSA1,6,109 c. The personal property is sold in another manner that is commercially
10reasonable.
AB707-SSA1, s. 18 11Section 18. 704.90 (6) (a) 8. of the statutes is amended to read:
AB707-SSA1,6,1412 704.90 (6) (a) 8. The sale is held at the self-service storage facility, at the
13self-service storage unit,
or at the nearest suitable place to the place where the
14personal property is stored.
AB707-SSA1, s. 19 15Section 19. 704.90 (12) of the statutes is amended to read:
AB707-SSA1,6,2016 704.90 (12) Right to action for violation. In addition to the remedies
17otherwise provided by law, any person a lessee injured by a violation of this section
18or any rule promulgated under sub. (9) may bring a civil action to recover damages
19together with costs, disbursements and reasonable attorney fees, notwithstanding
20s. 814.04 (1), and any equitable relief as may be determined by the court.
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