LRBs0054/1
PJK/ARG/PJH:sac:jm
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 183
May 13, 2013 - Offered by Representatives Young, Bewley and Genrich.
AB183-ASA1,1,8 1An Act to repeal 704.28 (4) (d); to renumber and amend 349.13 (3m); to
2amend
349.13 (5) (b) 2., 349.13 (5) (c), 704.05 (5) (bf), 704.07 (2) (bm) 1., 704.08,
3704.28 (2), 704.28 (4) (b), 704.95, 799.05 (3) (b), 799.06 (2), 799.20 (4), 799.206
4(3), 799.40 (1), 799.40 (1m) and 799.44 (2); and to create 349.13 (3m) (a), (c),
5(d) and (e), 704.28 (5) and 895.489 of the statutes; relating to: miscellaneous
6provisions related to rental and vehicle towing practices and eviction
7proceedings, providing an exemption from emergency rule procedures, and
8granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB183-ASA1,1 9Section 1. 349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and
10amended to read:
AB183-ASA1,2,511 349.13 (3m) (b) No If private property is not properly posted and a vehicle
12involved in trespass parking on a is parked on the private parking lot or facility shall

1be removed
property and is not authorized to be parked there, the vehicle may be
2removed immediately, at the vehicle owner's expense,
without the permission of the
3vehicle owner, except upon the issuance of a repossession judgment or upon formal
4complaint and
the issuance of a citation for illegal parking issued by a traffic or police
5officer
.
AB183-ASA1,2 6Section 2. 349.13 (3m) (a), (c), (d) and (e) of the statutes are created to read:
AB183-ASA1,2,77 349.13 (3m) (a) In this subsection:
AB183-ASA1,2,88 1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).
AB183-ASA1,2,119 2. "Properly posted" means there is clearly visible notice that an area is private
10property and that vehicles that are not authorized to park in this area may be
11immediately removed.
AB183-ASA1,2,1512 (c) If private property is properly posted and a vehicle is parked on the private
13property and is not authorized to be parked there, the vehicle may be removed
14immediately, at the vehicle owner's expense, without the permission of the vehicle
15owner, regardless of whether a citation is issued for illegal parking.
AB183-ASA1,3,216 (d) A vehicle may be removed from private property under par. (b) or (c) only
17by a towing service at the request of the property owner or property owner's agent,
18a traffic officer, or a parking enforcer. The vehicle owner shall pay the reasonable
19charges for removal and, if applicable, storage of the vehicle. If the vehicle was
20removed at the request of the property owner or property owner's agent, these
21reasonable charges shall be paid directly to the towing service, and the towing service
22may impound the vehicle until these charges are paid. If these charges have not been
23paid in full within 30 days of the vehicle's removal and the vehicle owner has not
24entered into a written agreement with the towing service to pay these reasonable

1charges in installment payments, the vehicle shall be deemed abandoned and may
2be disposed of as are other abandoned vehicles.
AB183-ASA1,3,43 (e) The department shall promulgate rules establishing reasonable charges for
4removal and storage of vehicles under this subsection.
AB183-ASA1,3 5Section 3. 349.13 (5) (b) 2. of the statutes is amended to read:
AB183-ASA1,3,106 349.13 (5) (b) 2. A person who has custody of a vehicle removed or stored under
7subs. (3) to (4) or otherwise at the request of a law enforcement officer, traffic officer,
8parking enforcer, property owner, or property owner's agent
shall release the
9personal property within the vehicle to the owner of the vehicle during regular office
10hours upon presentation by the owner of proper identification.
AB183-ASA1,4 11Section 4. 349.13 (5) (c) of the statutes is amended to read:
AB183-ASA1,3,2012 349.13 (5) (c) A traffic or police officer or parking enforcer who requests removal
13of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of
14requesting the removal, notify the towing service of the name and last-known
15address of the registered owner and all lienholders of record of the vehicle if the
16vehicle is to be removed to any location other than a public highway within one mile
17from the location from which the vehicle is to be removed and if the officer or parking
18enforcer
is not employed by a municipality or county that has entered into a towing
19services agreement which requires the municipality or county to provide notice to
20such owner and lienholders of the towing.
AB183-ASA1,5 21Section 5. 704.05 (5) (bf) of the statutes is amended to read:
AB183-ASA1,4,722 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does
23not intend to store personal property left behind by a tenant, except as provided in
24par. (am), the landlord shall provide written notice to a tenant, when the tenant
25enters into, and when the tenant or renews, a rental agreement or at any other time

1before the tenant removes from the premises,
that the landlord will not store any
2items of personal property that the tenant leaves behind when the tenant removes
3from the premises, except as provided in par. (am). Notwithstanding pars. (a), (am),
4and (b), if the landlord does not provide has not provided to a tenant the notice
5required under this paragraph, the landlord shall comply with s. 704.05, 2009 stats.,
6with respect to any personal property left behind by the tenant when the tenant
7removes from the premises.
AB183-ASA1,6 8Section 6. 704.07 (2) (bm) 1. of the statutes is amended to read:
AB183-ASA1,4,109 704.07 (2) (bm) 1. The landlord has actual knowledge received written notice
10of the violation from a local housing code enforcement agency.
AB183-ASA1,7 11Section 7. 704.08 of the statutes is amended to read:
AB183-ASA1,4,22 12704.08 Information check-in Check-in sheet. A landlord shall provide to
13a new residential tenant when the tenant commences his or her occupancy of the
14premises a standardized information check-in sheet that contains an itemized
15description of
the tenant may use to make comments, if any, about the condition of
16the premises at the time of check-in. The tenant shall be given 7 days from the date
17the tenant commences his or her occupancy to complete the check-in sheet and
18return it to the landlord. The landlord is not required to provide the information
19check-in sheet to a tenant upon renewal of a rental agreement. This section does not
20apply to the rental of a plot of ground on which a manufactured home, as defined in
21s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be
22located.
AB183-ASA1,8 23Section 8. 704.28 (2) of the statutes is amended to read:
AB183-ASA1,5,924 704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a
25rental agreement may include one or more nonstandard rental provisions that

1authorize the landlord to withhold amounts from the tenant's security deposit for
2reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions
3shall be provided to the tenant in a separate written document entitled
4"NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify
5and discuss each nonstandard rental provision with the tenant before the tenant
6enters into a rental agreement with the landlord. If the tenant signs his or her name,
7or writes his or her initials, by
a nonstandard rental provision, it is rebuttably
8presumed that the landlord has specifically identified and discussed the
9nonstandard rental provision with the tenant and that the tenant has agreed to it.
AB183-ASA1,9 10Section 9. 704.28 (4) (b) of the statutes is amended to read:
AB183-ASA1,5,1511 704.28 (4) (b) If the tenant vacates the premises before the termination date
12of the rental agreement or if the tenant is evicted, the date on which the tenant's
13rental agreement terminates or, if the landlord rerents the premises before the
14tenant's rental agreement terminates, the date on which the new tenant's tenancy
15begins.
AB183-ASA1,10 16Section 10. 704.28 (4) (d) of the statutes is repealed.
AB183-ASA1,11 17Section 11. 704.28 (5) of the statutes is created to read:
AB183-ASA1,5,1918 704.28 (5) Application to residential tenancies. This section applies to
19residential tenancies only.
AB183-ASA1,12 20Section 12. 704.95 of the statutes is amended to read:
AB183-ASA1,6,2 21704.95 Practices regulated by the department of agriculture, trade
22and consumer protection.
Practices in violation of this chapter s. 704.28 or 704.44
23may also constitute unfair methods of competition or unfair trade practices under s.
24100.20. However, the department of agriculture, trade and consumer protection may

1not issue an order or promulgate a rule under s. 100.20 that changes any right or duty
2arising under this chapter.
AB183-ASA1,13 3Section 13. 799.05 (3) (b) of the statutes is amended to read:
AB183-ASA1,6,94 799.05 (3) (b) Except in eviction actions, the return date for a summons served
5upon a resident of this state shall be not less than 8 days nor more than 30 days from
6the issue date, and service shall be made not less than 8 days prior to the return date.
7In eviction actions, the return date for a summons served upon a resident of this state
8shall be not less than 5 days nor more than 30 14 days from the issue date, and service
9shall be made not less than 5 days prior to the return date.
AB183-ASA1,14 10Section 14. 799.06 (2) of the statutes is amended to read:
AB183-ASA1,6,1911 799.06 (2) A person may commence and prosecute or defend an action or
12proceeding under this chapter and may appear in his, her, or its own proper person
13or by an attorney regularly authorized to practice in the courts of this state. Under
14this subsection, a person is considered to be acting in his, her, or its own proper
15person if the appearance is by a full-time member or authorized employee of the
16person, or by an agent of the member or an authorized employee of the agent. An
17assignee of any cause of action under this chapter shall not appear by a full-time
18authorized employee, unless the employee is an attorney regularly authorized to
19practice in the courts of this state.
AB183-ASA1,15 20Section 15. 799.20 (4) of the statutes is amended to read:
AB183-ASA1,7,621 799.20 (4) Inquiry of defendant who appears on return date. If the defendant
22appears on the return date of the summons or any adjourned date thereof, the court
23or circuit court commissioner shall make sufficient inquiry of the defendant to
24determine whether the defendant claims a defense to the action. If it appears to the
25court or circuit court commissioner that the defendant claims a defense to the action,

1the court or circuit court commissioner shall schedule a trial of all the issues involved
2in the action, unless the parties stipulate otherwise or the action is subject to
3immediate dismissal. In an eviction action, the court or circuit court commissioner
4shall schedule a trial of all the issues involved in the action within 20 days of the
5return date of the summons or any adjourned date thereof, unless the parties
6stipulate otherwise or the action is subject to immediate dismissal.
AB183-ASA1,16 7Section 16. 799.206 (3) of the statutes is amended to read:
AB183-ASA1,7,128 799.206 (3) When all parties appear in person or by their attorneys on the
9return date in an eviction, garnishment, or replevin action and any party claims that
10a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as
11soon as possible before a judge and in the case of an eviction action, not more than
1220 days after the return date
.
AB183-ASA1,17 13Section 17. 799.40 (1) of the statutes is amended to read:
AB183-ASA1,7,1714 799.40 (1) When commenced. A civil action of eviction may be commenced by
15a person entitled to the possession of real property, or by that person's agent
16authorized in writing,
to remove therefrom any person who is not entitled to either
17the possession or occupancy of such real property.
AB183-ASA1,18 18Section 18. 799.40 (1m) of the statutes is amended to read:
AB183-ASA1,7,2419 799.40 (1m) Acceptance of rent or other payment. If a landlord commences
20an action under this section against a tenant whose tenancy has been terminated for
21failure to pay rent or for any other reason, the action under this section may not be
22dismissed solely because the landlord accepts past due rent or any other payment
23from the tenant after the termination of the tenant's tenancy serving notice of default
24or after commencing the action
.
AB183-ASA1,19 25Section 19. 799.44 (2) of the statutes is amended to read:
AB183-ASA1,8,5
1799.44 (2) Writ of restitution. At the time of ordering judgment for the
2restitution of premises, the court shall order that a writ of restitution be issued, and
3the writ may be
within 5 days and delivered to the sheriff for execution in accordance
4with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days
5after its issuance.
AB183-ASA1,20 6Section 20. 895.489 of the statutes is created to read:
AB183-ASA1,8,7 7895.489 Civil liability exemption; tenancy references. (1) In this section:
AB183-ASA1,8,158 (a) "Reference" means a written or oral statement about the rental performance
9of an applicant for tenancy and may include statements about the applicant's
10payment history, conformance to rental agreement requirements, or conformance to
11local and state laws; factual statements regarding any rental agreement
12enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r);
13and factual statements about any dispute settlement between the landlord and
14applicant in accordance with any agreement between the landlord and applicant
15relating to termination of the applicant's tenancy.
AB183-ASA1,8,1716 (b) "Tenant" means a residential tenant, regardless of the type of tenancy or
17rental period.
AB183-ASA1,8,25 18(2) A landlord who, on the request of a prospective landlord of an applicant for
19tenancy or on the request of the applicant for tenancy, provides a reference to the
20prospective landlord is presumed to be acting in good faith and, unless lack of good
21faith is shown by clear and convincing evidence, is immune from all civil liability that
22may result from providing that reference. The presumption of good faith under this
23subsection may be rebutted only upon a showing by clear and convincing evidence
24that the landlord knowingly provided false information in the reference or made the
25reference maliciously.
AB183-ASA1,21
1Section 21 . 0Nonstatutory provisions.
AB183-ASA1,9,62 (1) Proposed permanent rules. The department of transportation shall
3present the statement of scope of the rules required under section 349.13 (3m) (e) of
4the statutes, as created by this act, to the governor for approval under section
5227.135 (2) of the statutes no later than the 60th day after the effective date of this
6subsection.
AB183-ASA1,9,227 (2) Emergency rules. Using the procedure under section 227.24 of the statutes,
8the department of transportation shall promulgate the rules required under section
9349.13 (3m) (e) of the statutes, as created by this act, for the period before the
10effective date of the permanent rules promulgated under section 349.13 (3m) (e) of
11the statutes, as created by this act, but not to exceed the period authorized under
12section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of
13the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes,
14the department is not required to provide evidence that promulgating a rule under
15this subsection as an emergency rule is necessary for the preservation of public
16peace, health, safety, or welfare and is not required to provide a finding of an
17emergency for a rule promulgated under this subsection. Notwithstanding section
18227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare
19a statement of the scope of the rules promulgated under this subsection or present
20the rules to the governor for approval. The department of transportation shall
21promulgate the rules under this subsection no later than the first day of the 7th
22month beginning after the effective date of this subsection.
AB183-ASA1,22 23Section 22. Initial applicability.
AB183-ASA1,10,3
1(1) Return of security deposit after eviction. The treatment of section 704.28
2(4) (b) and (d) of the statutes first applies to eviction actions that are commenced on
3the effective date of this subsection.
AB183-ASA1,10,64 (2) Applicability of security deposit provisions. The treatment of sections
5704.28 (5) of the statutes first applies to tenancies that are in effect on the effective
6date of this subsection.
AB183-ASA1,10,97 (3) Violations that constitute unfair trade practices. The treatment of
8section 704.95 of the statutes first applies to violations that occur on the effective
9date of this subsection.
AB183-ASA1,10,1210 (4) Eviction actions. The treatment of sections 799.05 (3) (b), 799.20 (4),
11799.206 (3), and 799.44 (2) of the statutes first applies to eviction actions that are
12filed on the effective date of this subsection.
AB183-ASA1,10,1413 (5) References provided by landlords. The treatment of section 895.489 of the
14statutes first applies to references provided on the effective date of this subsection.
AB183-ASA1,23 15Section 23. Effective dates. This act takes effect on the first day of the first
16month beginning after publication, except as follows:
AB183-ASA1,10,2017 (1) The treatment of section 349.13 (5) (b) 2. and (c) of the statutes, the
18renumbering and amendment of section 349.13 (3m) of the statutes, and the creation
19of section 349.13 (3m) (a), (c), (d), and (e) of the statutes take effect on the the first
20day of the 7th month beginning after publication.
AB183-ASA1,10,2121 (2) Section 21 (1 ) and (2) of this act takes effect on the day after publication.
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