Amendment ASA1-AB625

LRBs0296/4

PJK&PJH:jld&wlj:jm

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 625

February 14, 2014 - Offered by Representative Goyke.

AB625-ASA1,1,3 An Act to repeal 66.0414; to amend 943.13 (4m) (e), 943.14, 943.14 and 943.15 (1r); and to create 66.0414, 943.13 (4m) (e) and 943.15 (1r) of the statutes; relating to: entry on property in mortgage or tax foreclosure.

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

AB625-ASA1,1 Section 1. 66.0414 of the statutes is created to read:

AB625-ASA1,1,5 66.0414 Entry on property in foreclosure. (1) Definitions. In this section:

AB625-ASA1,1,7 (a) "Foreclosure action" means a mortgage foreclosure action under ch. 846 or an action to foreclose a tax certificate under s. 75.19.

AB625-ASA1,1,8 (b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB625-ASA1,1,9 (c) "Municipality" means a city, village, or town.

AB625-ASA1,1,10 (d) "Property" means the premises that are the subject of a foreclosure action.

AB625-ASA1,2,2 (e) "Representative of a utility" means a person who is employed by, an agent of, or under contract with a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185, that provides water, electric, or natural gas service to the property.

AB625-ASA1,2,4 (f) "Representative of the municipality" means a person who is employed by, an agent of, or under contract with a municipality.

AB625-ASA1,2,10 (2) Entry by municipality or utility. (a) At any time after the commencement of a foreclosure action, a representative of the municipality in which the property is located or a representative of a utility may go on the property, enter any buildings on the property, using such reasonable force as appears necessary, and take any action necessary to preserve or protect the property or public health and safety, if all of the following apply:

AB625-ASA1,2,13 1. The municipality has determined that the property is abandoned. In determining whether the property is abandoned, the municipality shall use the criteria under s. 846.102 (2) (a) to (f).

AB625-ASA1,2,17 2. The municipality has determined that entry on the property or in buildings on the property is necessary to preserve or protect the property or public health and safety or to inspect the property to determine if any action is necessary to preserve or protect the property or public health and safety.

AB625-ASA1,2,19 (b) Before a representative of the municipality or a utility goes on the property, all of the following must be satisfied:

AB625-ASA1,2,25 1. The municipality files with the clerk of the circuit court for the county in which the property is located an affidavit of the chief executive officer of the municipality, or his or her designee, stating the basis upon which the municipality has determined that the property is abandoned and the basis upon which the municipality has determined that entry on the property or in buildings on the property is necessary.

AB625-ASA1,3,7 2. At least 15 days before a representative goes on the property, the municipality sends to the owner of record of the property a notice that a representative of the municipality or a utility intends to go on the property and enter buildings on the property to inspect the property and may take action to preserve and protect the property. The notice shall be sent by 1st class mail to the owner's last-known address and shall state the date on which the representative intends to go on the property.

AB625-ASA1,3,11 (c) The municipality shall pay the cost, if any, of any action taken under this subsection to preserve or protect the property or public health and safety and may not seek reimbursement from the plaintiff in the foreclosure action or from any former, current, or future owner of the property.

AB625-ASA1,3,17 (3) Entry by plaintiff. In a foreclosure action, if the court finds under s. 846.102 or otherwise that the property has been abandoned, at any time after judgment for the plaintiff has been entered, the plaintiff, or an employee or agent of or contractor with the plaintiff, may go on the property and enter any buildings on the property, using such reasonable force as appears necessary, to inspect the property and take any action necessary to preserve or protect the property.

AB625-ASA1,3,22 (4) Notice from clerk of court. (a) At the commencement of a foreclosure action, the clerk of circuit court for the county in which the action is filed shall provide notice of the commencement of the action to the municipality in which the property is located and to the law enforcement agency that provides primary law enforcement services to the municipality in which the property is located.

AB625-ASA1,4,2 (b) The clerk of circuit court and the municipality and law enforcement agency may agree on the form of the notice and the method of delivering the notice, or the clerk may provide the notice in the form and manner most convenient for the clerk, which may include delivery by electronic mail.

AB625-ASA1,4,6 (c) The notice provided under this subsection shall include the street address or location of the property and the name and address of the plaintiff in the action. The notice may not include the name of the owner of record of the property or the name of the defendant in the action.

AB625-ASA1,4,11 (5) Immunity from liability. A person authorized under sub. (2) or (3) to go on a property and enter buildings on a property is immune from civil liability for acts or omissions related to carrying out the powers and responsibilities under sub. (2) or (3), whichever is applicable, unless the person asserting liability proves that the act or omission constitutes recklessness.

AB625-ASA1,4,14 (6) Applicability. (a) Subsections (2) and (3) apply to foreclosure actions that are pending on, or commenced on or after, the effective date of this paragraph .... [LRB inserts date].

AB625-ASA1,4,16 (b) Subsection (4) applies to foreclosure actions that are commenced on or after the effective date of this paragraph .... [LRB inserts date].

AB625-ASA1,2 Section 2. 66.0414 of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

AB625-ASA1,3 Section 3. 943.13 (4m) (e) of the statutes is created to read:

AB625-ASA1,4,21 943.13 (4m) (e) A person entering or remaining on the land as authorized under s. 66.0414 (2) or (3).

AB625-ASA1,4 Section 4. 943.13 (4m) (e) of the statutes, as created by 2013 Wisconsin Act .... (this act), is amended to read:

AB625-ASA1,4,25 943.13 (4m) (e) A person entering or remaining on the land as authorized under s. 66.0414 (2) or (3), 2013 stats.

AB625-ASA1,5 Section 5. 943.14 of the statutes is amended to read:

AB625-ASA1,5,6 943.14 Criminal trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor. This section does not apply to a person entering or remaining on the land as authorized under s. 66.0414 (2) or (3).

AB625-ASA1,6 Section 6 . 943.14 of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB625-ASA1,5,13 943.14 Criminal trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor. This section does not apply to a person entering or remaining on the land as authorized under s. 66.0414 (2) or (3), 2013 stats.

AB625-ASA1,7 Section 7. 943.15 (1r) of the statutes is created to read:

AB625-ASA1,5,16 943.15 (1r) This section does not apply to a person entering or remaining on the land as authorized under s. 66.0414 (2) or (3).

AB625-ASA1,8 Section 8. 943.15 (1r) of the statutes, as created by 2013 Wisconsin Act .... (this act), is amended to read:

AB625-ASA1,5,20 943.15 (1r) This section does not apply to a person entering or remaining on the land as authorized under s. 66.0414 (2) or (3), 2013 stats.

AB625-ASA1,9 Section 9. Effective dates. This act takes effect on the day after publication, except as follows:

AB625-ASA1,6,3 (1) The amendment of sections 943.13 (4m) (e), 943.14 (by Section 6 ), and 943.15 (1r) of the statutes and the repeal of section 66.0414 of the statutes take effect on the first day of the 37th month beginning after publication.

AB625-ASA1,6,4 (End)