Amendment ASA1-AB183

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

AB183-ASA1,1 Section 1. 349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and amended to read:

AB183-ASA1,2,5 349.13 (3m) (b) No If private property is not properly posted and a vehicle involved in trespass parking on a is parked on the private parking lot or facility shall be removed property and is not authorized to be parked there, the vehicle may be removed immediately, at the vehicle owner's expense, without the permission of the vehicle owner, except upon the issuance of a repossession judgment or upon formal complaint and the issuance of a citation for illegal parking issued by a traffic or police officer.

AB183-ASA1,2 Section 2. 349.13 (3m) (a), (c), (d) and (e) of the statutes are created to read:

AB183-ASA1,2,7 349.13 (3m) (a) In this subsection:

AB183-ASA1,2,8 1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).

AB183-ASA1,2,11 2. "Properly posted" means there is clearly visible notice that an area is private property and that vehicles that are not authorized to park in this area may be immediately removed.

AB183-ASA1,2,15 (c) If private property is properly posted and a vehicle is parked on the private property and is not authorized to be parked there, the vehicle may be removed immediately, at the vehicle owner's expense, without the permission of the vehicle owner, regardless of whether a citation is issued for illegal parking.

AB183-ASA1,3,2 (d) A vehicle may be removed from private property under par. (b) or (c) only by a towing service at the request of the property owner or property owner's agent, a traffic officer, or a parking enforcer. The vehicle owner shall pay the reasonable charges for removal and, if applicable, storage of the vehicle. If the vehicle was removed at the request of the property owner or property owner's agent, these reasonable charges shall be paid directly to the towing service, and the towing service may impound the vehicle until these charges are paid. If these charges have not been paid in full within 30 days of the vehicle's removal and the vehicle owner has not 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 be disposed of as are other abandoned vehicles.

AB183-ASA1,3,4 (e) The department shall promulgate rules establishing reasonable charges for removal and storage of vehicles under this subsection.

AB183-ASA1,3 Section 3. 349.13 (5) (b) 2. of the statutes is amended to read:

AB183-ASA1,3,10 349.13 (5) (b) 2. A person who has custody of a vehicle removed or stored under subs. (3) to (4) or otherwise at the request of a law enforcement officer, traffic officer, parking enforcer, property owner, or property owner's agent shall release the personal property within the vehicle to the owner of the vehicle during regular office hours upon presentation by the owner of proper identification.

AB183-ASA1,4 Section 4. 349.13 (5) (c) of the statutes is amended to read:

AB183-ASA1,3,20 349.13 (5) (c) A traffic or police officer or parking enforcer who requests removal of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of requesting the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle if the vehicle is to be removed to any location other than a public highway within one mile from the location from which the vehicle is to be removed and if the officer or parking enforcer is not employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.

AB183-ASA1,5 Section 5. 704.05 (5) (bf) of the statutes is amended to read:

AB183-ASA1,4,7 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does not intend to store personal property left behind by a tenant, except as provided in par. (am), the landlord shall provide written notice to a tenant, when the tenant enters into, and when the tenant or renews, a rental agreement or at any other time before the tenant removes from the premises, that the landlord will not store any items of personal property that the tenant leaves behind when the tenant removes from the premises, except as provided in par. (am). Notwithstanding pars. (a), (am), and (b), if the landlord does not provide has not provided to a tenant the notice required under this paragraph, the landlord shall comply with s. 704.05, 2009 stats., with respect to any personal property left behind by the tenant when the tenant removes from the premises.

AB183-ASA1,6 Section 6. 704.07 (2) (bm) 1. of the statutes is amended to read:

AB183-ASA1,4,10 704.07 (2) (bm) 1. The landlord has actual knowledge received written notice of the violation from a local housing code enforcement agency.

AB183-ASA1,7 Section 7. 704.08 of the statutes is amended to read:

AB183-ASA1,4,22 704.08 Information check-in Check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a standardized information check-in sheet that contains an itemized description of the tenant may use to make comments, if any, about the condition of the premises at the time of check-in. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the information check-in sheet to a tenant upon renewal of a rental agreement. This section does not apply to the rental of a plot of ground on which a manufactured home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be located.

AB183-ASA1,8 Section 8. 704.28 (2) of the statutes is amended to read:

AB183-ASA1,5,9 704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify and discuss each nonstandard rental provision with the tenant before the tenant enters into a rental agreement with the landlord. If the tenant signs his or her name, or writes his or her initials, by a nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed the nonstandard rental provision with the tenant and that the tenant has agreed to it.

AB183-ASA1,9 Section 9. 704.28 (4) (b) of the statutes is amended to read:

AB183-ASA1,5,15 704.28 (4) (b) If the tenant vacates the premises before the termination date of the rental agreement or if the tenant is evicted, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins.

AB183-ASA1,10 Section 10. 704.28 (4) (d) of the statutes is repealed.

AB183-ASA1,11 Section 11. 704.28 (5) of the statutes is created to read:

AB183-ASA1,5,19 704.28 (5) Application to residential tenancies. This section applies to residential tenancies only.

AB183-ASA1,12 Section 12. 704.95 of the statutes is amended to read:

AB183-ASA1,6,2 704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 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 arising under this chapter.

AB183-ASA1,13 Section 13. 799.05 (3) (b) of the statutes is amended to read:

AB183-ASA1,6,9 799.05 (3) (b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 30 14 days from the issue date, and service shall be made not less than 5 days prior to the return date.

AB183-ASA1,14 Section 14. 799.06 (2) of the statutes is amended to read:

AB183-ASA1,6,19 799.06 (2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her, or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her, or its own proper person if the appearance is by a full-time member or authorized employee of the person, or by an agent of the member or an authorized employee of the agent. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.

AB183-ASA1,15 Section 15. 799.20 (4) of the statutes is amended to read:

AB183-ASA1,7,6 799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the 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 in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal. In an eviction action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action within 20 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

AB183-ASA1,16 Section 16. 799.206 (3) of the statutes is amended to read:

AB183-ASA1,7,12 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 20 days after the return date.

AB183-ASA1,17 Section 17. 799.40 (1) of the statutes is amended to read:

AB183-ASA1,7,17 799.40 (1) When commenced. A civil action of eviction may be commenced by a person entitled to the possession of real property, or by that person's agent authorized in writing, to remove therefrom any person who is not entitled to either the possession or occupancy of such real property.

AB183-ASA1,18 Section 18. 799.40 (1m) of the statutes is amended to read:

AB183-ASA1,7,24 799.40 (1m) Acceptance of rent or other payment. If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed solely because the landlord accepts past due rent or any other payment from the tenant after the termination of the tenant's tenancy serving notice of default or after commencing the action.

AB183-ASA1,19 Section 19. 799.44 (2) of the statutes is amended to read:

AB183-ASA1,8,5 799.44 (2) Writ of restitution. At the time of ordering judgment for the restitution of premises, the court shall order that a writ of restitution be issued, and the writ may be within 5 days and delivered to the sheriff for execution in accordance with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days after its issuance.

AB183-ASA1,20 Section 20. 895.489 of the statutes is created to read:

AB183-ASA1,8,7 895.489 Civil liability exemption; tenancy references. (1) In this section:

AB183-ASA1,8,15 (a) "Reference" means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant's payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant's tenancy.

AB183-ASA1,8,17 (b) "Tenant" means a residential tenant, regardless of the type of tenancy or rental period.

AB183-ASA1,8,25 (2) A landlord who, on the request of a prospective landlord of an applicant for tenancy or on the request of the applicant for tenancy, provides a reference to the prospective landlord is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the landlord knowingly provided false information in the reference or made the reference maliciously.

AB183-ASA1,21 Section 21 . 0Nonstatutory provisions.

AB183-ASA1,9,6 (1) Proposed permanent rules. The department of transportation shall present the statement of scope of the rules required under section 349.13 (3m) (e) of the statutes, as created by this act, to the governor for approval under section 227.135 (2) of the statutes no later than the 60th day after the effective date of this subsection.

AB183-ASA1,9,22 (2) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 349.13 (3m) (e) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 349.13 (3m) (e) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval. The department of transportation shall promulgate the rules under this subsection no later than the first day of the 7th month beginning after the effective date of this subsection.

AB183-ASA1,22 Section 22. Initial applicability.

AB183-ASA1,10,3 (1) Return of security deposit after eviction. The treatment of section 704.28 (4) (b) and (d) of the statutes first applies to eviction actions that are commenced on the effective date of this subsection.

AB183-ASA1,10,6 (2) Applicability of security deposit provisions. The treatment of sections 704.28 (5) of the statutes first applies to tenancies that are in effect on the effective date of this subsection.

AB183-ASA1,10,9 (3) Violations that constitute unfair trade practices. The treatment of section 704.95 of the statutes first applies to violations that occur on the effective date of this subsection.

AB183-ASA1,10,12 (4) Eviction actions. The treatment of sections 799.05 (3) (b), 799.20 (4), 799.206 (3), and 799.44 (2) of the statutes first applies to eviction actions that are filed on the effective date of this subsection.

AB183-ASA1,10,14 (5) References provided by landlords. The treatment of section 895.489 of the statutes first applies to references provided on the effective date of this subsection.

AB183-ASA1,23 Section 23. Effective dates. This act takes effect on the first day of the first month beginning after publication, except as follows:

AB183-ASA1,10,20 (1) The treatment of section 349.13 (5) (b) 2. and (c) of the statutes, the renumbering and amendment of section 349.13 (3m) of the statutes, and the creation of section 349.13 (3m) (a), (c), (d), and (e) of the statutes take effect on the the first day of the 7th month beginning after publication.

AB183-ASA1,10,21 (2) Section 21 (1 ) and (2) of this act takes effect on the day after publication.

AB183-ASA1,10,22 (End)