Amendment SA1-SB179

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 179

June 3, 2013 - Offered by Senator Lasee.

SB179-SA1,1,1 At the locations indicated, amend the bill as follows:

SB179-SA1,1,3 1. Page 2, line 1: after "landlords," insert "terminating the tenancy of an offending tenant in a manufactured or mobile home community,".

SB179-SA1,1,4 2. Page 9, line 4: delete lines 4 to 17 and substitute:

SB179-SA1,1,5 " Section 10c. 704.05 (5) (b) 2. (intro.) of the statutes is amended to read:

SB179-SA1,1,10 704.05 (5) (b) 2. (intro.) If the abandoned tenant removes from the premises and leaves behind personal property that is a manufactured home, mobile home, or titled vehicle, before disposing of the abandoned property the landlord shall give notice of the landlord's intent to dispose of the property by sale or other appropriate means to all of the following:

SB179-SA1,10m Section 10m. 704.05 (5) (bf) of the statutes is amended to read:

SB179-SA1,2,8 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does not intend to store personal property left behind by a tenant who removes from the premises, 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, 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.".

SB179-SA1,2,9 3. Page 9, line 18: delete lines 18 to 20.

SB179-SA1,2,10 4. Page 10, line 16: after that line insert:

SB179-SA1,2,12 " Section 13c. 704.16 (3) (a) of the statutes is renumbered 704.16 (3) (a) (intro.) and amended to read:

SB179-SA1,2,13 704.16 (3) (a) (intro.) In this subsection, "offending:

SB179-SA1,2,15 4. "Offending tenant" is a tenant whose tenancy is being terminated under this subsection.

SB179-SA1,13e Section 13e. 704.16 (3) (a) 1. of the statutes is created to read:

SB179-SA1,2,17 704.16 (3) (a) 1. "Community" has the meaning given in s. 710.15 (1) (ad).

SB179-SA1,13g Section 13g. 704.16 (3) (a) 2. of the statutes is created to read:

SB179-SA1,2,19 704.16 (3) (a) 2. "Manufactured home" has the meaning given in s. 101.91 (2).

SB179-SA1,13j Section 13j. 704.16 (3) (a) 3. of the statutes is created to read:

SB179-SA1,2,21 704.16 (3) (a) 3. "Mobile home" has the meaning given in s. 710.15 (1) (b).

SB179-SA1,13m Section 13m. 704.16 (3) (b) 1. of the statutes is amended to read:

SB179-SA1,3,4 704.16 (3) (b) 1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multiunit dwelling, or apartment complex, or a manufactured home or mobile home in the same community, as the offending tenant to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.".

SB179-SA1,3,5 5. Page 11, line 4: delete lines 4 to 9 and substitute:

SB179-SA1,3,6 " Section 15c. 704.28 (4) (b) of the statutes is amended to read:

SB179-SA1,3,10 704.28 (4) (b) If the tenant vacates the premises or is evicted before the termination date of the rental agreement, 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.

SB179-SA1,15m Section 15m. 704.28 (4) (c) of the statutes is amended to read:

SB179-SA1,3,15 704.28 (4) (c) If the tenant vacates the premises or is evicted after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises or has been removed from the premises under s. 799.45 (2).".

SB179-SA1,3,16 6. Page 11, line 14: delete that line and substitute:

SB179-SA1,3,17 " Section 18c. 704.44 (9) of the statutes is amended to read:

SB179-SA1,3,20 704.44 (9) Allows the landlord to terminate the tenancy of a tenant if a crime is committed in or on the rental property, even if the tenant could not reasonably have prevented the crime in a manner contrary to s. 106.50 (5m) (dm) or 704.16.".

SB179-SA1,3,21 7. Page 11, line 21: after that line insert:

SB179-SA1,3,22 " Section 19m. 710.15 (5t) of the statutes is created to read:

SB179-SA1,4,3 710.15 (5t) Termination of tenancy for threat of serious harm. Notwithstanding sub. (5m), nothing in this section prevents termination of a tenancy because of an imminent threat of serious physical harm, as provided in s. 704.16.".

SB179-SA1,4,4 8. Page 12, line 2: delete " 14" and substitute "25".

SB179-SA1,4,6 9. Page 12, line 9: after " member" insert ", as defined in s. 183.0102 (15), agent,".

SB179-SA1,4,7 10. Page 13, line 1: delete "an" and substitute "a residential".

SB179-SA1,4,10 11. Page 13, line 2: delete that line and substitute "shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the".

SB179-SA1,4,11 12. Page 14, line 3: after that line insert:

SB179-SA1,4,12 " Section 27m. 799.44 (1) of the statutes is amended to read:

SB179-SA1,4,18 799.44 (1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to possession, the court shall immediately enter an order for judgment shall be for the restitution of the premises to the plaintiff and, if. If an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon, the court shall enter judgment for such other relief as the court orders. Judgment shall be entered accordingly as provided in s. 799.24.".

SB179-SA1,4,19 13. Page 14, line 6: after "shall" insert "immediately".

SB179-SA1,4,20 14. Page 14, line 6: delete ", and" and substitute ", and".

SB179-SA1,4,22 15. Page 14, line 7: delete "the writ may be within 5 days and" and substitute "the writ may be".

SB179-SA1,4,23 16. Page 16, line 11: after "704.05" insert "(5) (a), (am), (c), and (cm)".

SB179-SA1,5,1 17. Page 20, line 8: after that line insert:

SB179-SA1,5,4 "(1m) Notice regarding nonstorage of property. The treatment of section 704.05 (5) (bf) of the statutes first applies to personal property left behind by a tenant under a rental agreement that is renewed on the effective date of this subsection.".

SB179-SA1,5,5 18. Page 20, line 10: after "(b)" insert ", (c),".

SB179-SA1,5,6 19. Page 20, line 14: after that line insert:

SB179-SA1,5,9 "(3m) Void rental agreement. The treatment of section 704.44 (9) of the statutes first applies to rental agreements that are entered into or renewed on the effective date of this subsection.".

SB179-SA1,5,10 20. Page 20, line 17: after that line insert:

SB179-SA1,5,16 "(4m) Termination of tenancy in manufactured or mobile home community. The treatment of sections 704.16 (3) (b) 1. and 710.15 (5t) of the statutes, the renumbering and amendment of section 704.16 (3) (a) of the statutes, and the creation of section 704.16 (3) (a) 1., 2., and 3. of the statutes first apply to acts causing an imminent threat of serious physical harm committed on the effective date of this subsection.".

SB179-SA1,5,18 21. Page 20, line 18: delete "799.05 (3) (b)" and substitute "704.05 (5) (a) 1., 799.05 (3) (b), 799.06 (2)".

SB179-SA1,5,19 22. Page 20, line 19: after "799.206 (3)," insert "799.40 (1) and (1m),".

SB179-SA1,5,22 23. Page 20, line 19: delete "and 799.44 (2)" and substitute "799.44 (2), and 799.45 (title), (1), (2) (b), (bg), and (c), (3) (title), (a), (am) (intro.), 1., 2., 3., 4., 5., 6., and 7., (b), and (c), and (4)".

SB179-SA1,6,2 24. Page 20, line 23: delete "first day of the first" and substitute "first day of the 3rd".

SB179-SA1,6,3 (End)