SB445-SSA2,9,2422 66.0104 (3) (c) If a city, village, town, or county has in effect on the effective date
23of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
24(2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
SB445-SSA2,12 25Section 12. 66.0809 (9) of the statutes is amended to read:
SB445-SSA2,10,5
166.0809 (9) A municipal utility is not required to offer a customer who is a
2tenant at a rental dwelling unit a deferred payment agreement. Notwithstanding.
3ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a
4municipal utility to offer or not offer a deferred payment agreement does not require
5approval, and is not subject to disapproval, by the public service commission.
SB445-SSA2,13 6Section 13. 66.1019 (3) (a) of the statutes is renumbered 66.1019 (3) and
7amended to read:
SB445-SSA2,10,118 66.1019 (3) Except as provided in par. (b), any Any ordinance enacted by a
9county, city, village or town relating to the construction or inspection of multifamily
10dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s.
11101.02 (7m).
SB445-SSA2,14 12Section 14. 66.1019 (3) (b) of the statutes is repealed.
SB445-SSA2,15 13Section 15. 101.02 (7m) of the statutes is amended to read:
SB445-SSA2,10,2514 101.02 (7m) Notwithstanding sub. (7) (a), no city, village, or town may make
15or enforce any ordinance that is applied to any multifamily dwelling, as defined in
16s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary
17to an order of the department under this subchapter, except that if a city, village or
18town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a),
19that ordinance remains in effect, except that the city, village or town may take any
20action with regard to that ordinance that a political subdivision may take under s.
21101.975 (3) (b)
. Any provision of a contract between a city, village, or town and a
22property owner of a multifamily dwelling that requires the property owner to comply
23with an ordinance that does not conform to subch. VI and this section or is contrary
24to an order of the department under this subchapter may be waived by the property
25owner and if waived is void and unenforceable
.
SB445-SSA2,16
1Section 16. 101.975 (3) of the statutes is repealed.
SB445-SSA2,17 2Section 17. 175.403 of the statutes is created to read:
SB445-SSA2,11,3 3175.403 Trespassing; arrest and removal. (1) In this section:
SB445-SSA2,11,44 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB445-SSA2,11,55 (b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB445-SSA2,11,9 6(2) Each law enforcement agency shall have a written policy regarding the
7investigation of complaints alleging a violation of s. 943.14. The policy shall require
8a law enforcement officer who has probable cause to arrest a person for a violation
9of s. 943.14 to remove the person from a dwelling.
SB445-SSA2,18 10Section 18. 349.13 (3m) (dr) 2. of the statutes is amended to read:
SB445-SSA2,11,1711 349.13 (3m) (dr) 2. A towing service may not collect any charges for the removal
12or storage of an illegally parked vehicle under this subsection if unless the towing
13service has not complied made a good faith effort to comply with par. (d) 2. with
14respect to the vehicle. A towing service operating in a 1st class city may not collect
15any charges for the removal or storage of an illegally parked vehicle under this
16subsection if the towing service has not complied with par. (d) 2. with respect to the
17vehicle.
SB445-SSA2,19 18Section 19. 349.13 (3m) (e) 1. of the statutes is amended to read:
SB445-SSA2,11,2019 349.13 (3m) (e) 1. Reasonable charges for removal and storage of vehicles
20under this subsection when no citation has been issued.
SB445-SSA2,20 21Section 20. 349.13 (3m) (e) 3. of the statutes is amended to read:
SB445-SSA2,11,2322 349.13 (3m) (e) 3. Guidelines for towing services to notify law enforcement
23under par. (d) upon removal of a vehicle when no citation has been issued.
SB445-SSA2,21 24Section 21. 704.055 of the statutes is created to read:
SB445-SSA2,12,4
1704.055 Disposition of personalty left by trespasser. (1) Definition. In
2this section, "trespasser" means a person who is not a tenant and who enters or
3remains in residential rental property without the consent of the landlord or another
4person lawfully on the property.
SB445-SSA2,12,13 5(2) At the landlord's discretion. (a) If a trespasser is removed or otherwise
6removes from residential rental property and leaves personal property, the landlord
7shall hold the personal property for 7 days from the date on which the landlord
8discovers the personal property. After that time, the landlord may presume that the
9trespasser has abandoned the personal property and may dispose of the personal
10property in any manner that the landlord, in the landlord's sole discretion,
11determines is appropriate but shall promptly return the personal property to the
12trespasser if the landlord receives a request for its return before the landlord
13disposes of it.
SB445-SSA2,12,1814 (b) If the landlord disposes of the abandoned personal property by private or
15public sale, the landlord may send the proceeds of the sale minus any costs of sale
16and, if the landlord has first stored the personal property, minus any storage charges
17to the department of administration for deposit in the appropriation under s. 20.505
18(7) (h).
SB445-SSA2,13,2 19(3) Rights of 3rd persons. The landlord's power to dispose as provided by this
20section applies to any personal property left on the landlord's property by the
21trespasser, whether owned by the trespasser or by others. The power to dispose
22under this section applies notwithstanding any rights of others existing under any
23claim of ownership or security interest. The trespasser, other owner, or any secured
24party has the right to redeem the personal property at any time before the landlord
25has disposed of it or entered into a contract for its disposition by payment of any

1expenses that the landlord has incurred with respect to the disposition of the
2personal property.
SB445-SSA2,22 3Section 22. 704.17 (1) (b) of the statutes is renumbered 704.17 (1) (b) (intro.)
4and amended to read:
SB445-SSA2,13,85 704.17 (1) (b) (intro.) If a month-to-month tenant commits waste or a material
6violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's
7agreement, other than for payment of rent, the tenancy can be terminated if the
8landlord gives
any of the following applies:
SB445-SSA2,13,10 92. The landlord gives the tenant notice requiring the tenant to vacate on or
10before a date at least 14 days after the giving of the notice.
SB445-SSA2,23 11Section 23. 704.17 (1) (b) 1. of the statutes is created to read:
SB445-SSA2,13,2312 704.17 (1) (b) 1. The landlord gives the tenant a notice that requires the tenant
13to either remedy the default or vacate the premises no later than a date at least 5 days
14after the giving of the notice, and the tenant fails to comply with the notice. A tenant
15is considered to be complying with the notice if promptly upon receipt of the notice
16the tenant takes reasonable steps to remedy the default and proceeds with
17reasonable diligence, or if damages are adequate protection for the landlord and the
18tenant makes a bona fide and reasonable offer to pay the landlord all damages for
19the tenant's breach. If, within one year from receiving a notice under this
20subdivision, the tenant again commits waste or breaches the same or any other
21covenant or condition of the tenant's rental agreement, other than for payment of
22rent, the tenant's tenancy is terminated if the landlord gives the tenant notice to
23vacate on or before a date at least 14 days after the giving of the notice.
SB445-SSA2,24 24Section 24. 704.17 (2) (b) of the statutes is amended to read:
SB445-SSA2,14,16
1704.17 (2) (b) If a tenant under a lease for a term of one year or less, or a
2year-to-year tenant, commits waste or a material violation of s. 704.07 (3) or
3breaches any covenant or condition of the tenant's lease, other than for payment of
4rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice
5requiring the tenant to remedy the default or vacate the premises on or before a date
6at least 5 days after the giving of the notice, and if the tenant fails to comply with such
7notice. A tenant is deemed to be complying with the notice if promptly upon receipt
8of such notice the tenant takes reasonable steps to remedy the default and proceeds
9with reasonable diligence, or if damages are adequate protection for the landlord and
10the tenant makes a bona fide and reasonable offer to pay the landlord all damages
11for the tenant's breach. If within one year from the giving of any such notice, the
12tenant again commits waste or breaches the same or any other covenant or condition
13of the tenant's lease, other than for payment of rent, the tenant's tenancy is
14terminated if the landlord, prior to the tenant's remedying the waste or breach, gives
15the tenant notice to vacate on or before a date at least 14 days after the giving of the
16notice.
SB445-SSA2,25 17Section 25. 704.17 (3m) of the statutes is created to read:
SB445-SSA2,14,1818 704.17 (3m) Criminal activity. (a) In this subsection:
SB445-SSA2,14,1919 1. "Controlled substance" has the meaning given in s. 961.01 (4).
SB445-SSA2,15,220 2. "Drug-related criminal activity" means criminal activity that involves the
21manufacture or distribution of a controlled substance. "Drug-related criminal
22activity" does not include the manufacture, possession, or use of a controlled
23substance that is prescribed by a physician for the use of a disabled person, as defined
24in s. 100.264 (1) (a), and that is manufactured by, used by, or in the possession of the

1disabled person or in the possession of the disabled person's personal care worker or
2other caregiver.
SB445-SSA2,15,233 (b) 1. Notwithstanding subs. (1) (b), (2) (b), and (3) (a), and except as provided
4in par. (c), a landlord may, upon notice to the tenant, terminate the tenancy of a
5tenant, without giving the tenant an opportunity to remedy the default, if the tenant,
6a member of the tenant's household, or a guest or other invitee of the tenant or of a
7member of the tenant's household engages in any criminal activity that threatens the
8health or safety of, or right to peaceful enjoyment of the premises by, other tenants;
9engages in any criminal activity that threatens the health or safety of, or right to
10peaceful enjoyment of their residences by, persons residing in the immediate vicinity
11of the premises; engages in any criminal activity that threatens the health or safety
12of the landlord or an agent or employee of the landlord; or engages in any
13drug-related criminal activity on or near the premises. The notice shall require the
14tenant to vacate on or before a date at least 5 days after the giving of the notice. The
15notice shall state the basis for its issuance; include a description of the criminal
16activity or drug-related criminal activity, the date on which the activity took place,
17and the identity or description of the individuals engaging in the activity; advise the
18tenant that he or she may seek the assistance of legal counsel, a volunteer legal clinic,
19or a tenant resource center; and state that the tenant has the right to contest the
20allegations in the notice before a court commissioner or judge if an eviction action is
21filed. If the tenant contests the termination of tenancy, the tenancy may not be
22terminated without proof by the landlord by the greater preponderance of the
23credible evidence of the allegation in the notice.
SB445-SSA2,16,224 2. To terminate a tenancy under this subsection, it is not necessary that the
25individual committing the criminal activity or drug-related criminal activity has

1been arrested for or convicted of the criminal activity or drug-related criminal
2activity.
SB445-SSA2,16,43 (c) Paragraph (b) does not apply to a tenant who is the victim, as defined in s.
4950.02 (4), of the criminal activity.
SB445-SSA2,26 5Section 26. 704.17 (5) of the statutes is renumbered 704.17 (5) (a) and
6amended to read:
SB445-SSA2,16,97 704.17 (5) (a) Provisions Except as provided in par. (b), provisions in the lease
8or rental agreement for termination contrary to this section are invalid except in
9leases for more than one year.
SB445-SSA2,27 10Section 27. 704.17 (5) (b) of the statutes is created to read:
SB445-SSA2,16,1211 704.17 (5) (b) Provisions in any lease or rental agreement for termination
12contrary to sub. (3m) are invalid.
SB445-SSA2,28 13Section 28. 704.19 (2) (b) 2. of the statutes is amended to read:
SB445-SSA2,16,1814 704.19 (2) (b) 2. Notwithstanding subd. 1., nothing in this section prevents
15termination of a tenancy before the end of a rental period because of an imminent
16threat of serious physical harm, as provided in s. 704.16, or for criminal activity or
17drug-related criminal activity,
nonpayment of rent, or breach of any other condition
18of the tenancy, as provided in s. 704.17.
SB445-SSA2,29 19Section 29. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55,
20is amended to read:
SB445-SSA2,16,22 21706.22 (title) Prohibition on imposing time-of-sale, purchase, or
22occupancy
requirements.
SB445-SSA2,30 23Section 30. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act
2455
, is amended to read:
SB445-SSA2,17,2
1706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy
2of property prohibited.
SB445-SSA2,31 3Section 31. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin
4Act 55
, is amended to read:
SB445-SSA2,17,65 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit
6may by ordinance, resolution, or any other means restrict do any of the following:
SB445-SSA2,17,12 71m. Restrict the ability of an owner of real property to sell or otherwise transfer
8title to or refinance the property by requiring the owner or an agent of the owner to
9take certain actions with respect to the property or pay a related fee, to show
10compliance with taking certain actions with respect to the property, or to pay a fee
11for failing to take certain actions with respect to the property, at any of the following
12times:
SB445-SSA2,32 13Section 32. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act
1455
, is renumbered 706.22 (2) (a) 1m. a.
SB445-SSA2,33 15Section 33. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act
1655
, is renumbered 706.22 (2) (a) 1m. b.
SB445-SSA2,34 17Section 34. 706.22 (2) (a) 2m. of the statutes is created to read:
SB445-SSA2,17,2218 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real
19property by requiring the person or an agent of the person to take certain actions with
20respect to the property or pay a related fee, to show compliance with taking certain
21actions with respect to the property, or to pay a fee for failing to take certain actions
22with respect to the property, at any of the following times:
SB445-SSA2,17,2323 a. Before the person may complete the purchase of or take title to the property.
SB445-SSA2,17,2424 b. At the time of completing the purchase of or taking title to the property.
SB445-SSA2,18,2
1c. Within a certain period of time after completing the purchase of or taking title
2to the property.
SB445-SSA2,35 3Section 35. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act
455
, is renumbered 706.22 (2) (a) 1m. c.
SB445-SSA2,36 5Section 36. 706.22 (2) (a) 3m. of the statutes is created to read:
SB445-SSA2,18,116 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to
7residential real property to take occupancy of the property by requiring the
8purchaser or transferee or an agent of the purchaser or transferee to take certain
9actions with respect to the property or pay a related fee, to show compliance with
10taking certain actions with respect to the property, or to pay a fee for failing to take
11certain actions with respect to the property, at any of the following times:
SB445-SSA2,18,1212 a. Before the purchaser or transferee may take occupancy of the property.
SB445-SSA2,18,1313 b. At the time of taking occupancy of the property.
SB445-SSA2,18,1414 c. Within a certain period of time after taking occupancy of the property.
SB445-SSA2,37 15Section 37. 706.22 (2) (b) of the statutes, as created by 2015 Wisconsin Act 55,
16is renumbered 706.22 (2) (b) (intro.) and amended to read:
SB445-SSA2,18,1717 706.22 (2) (b) (intro.) Paragraph (a) does not prohibit do any of the following:
SB445-SSA2,18,21 181. Prohibit a local governmental unit from requiring a real property owner or
19the owner's agent to take certain actions with respect to the property not in
20connection with the purchase, sale, or refinancing of, or the transfer of title to, the
21property.
SB445-SSA2,38 22Section 38. 706.22 (2) (b) 2. of the statutes is created to read:
SB445-SSA2,19,223 706.22 (2) (b) 2. Prohibit a local governmental unit from enforcing, or otherwise
24affect the responsibility, authority, or ability of a local governmental unit to enforce,

1a federal or state requirement that does any of the things a local governmental unit
2is prohibited from doing under par. (a).
SB445-SSA2,39 3Section 39. 706.22 (3) of the statutes, as created by 2015 Wisconsin Act 55, is
4renumbered 706.22 (3) (a) and amended to read:
SB445-SSA2,19,75 706.22 (3) (a) If a local governmental unit has in effect on July 14, 2015, an
6ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 1m., the
7ordinance, resolution, or policy does not apply and may not be enforced.
SB445-SSA2,40 8Section 40. 706.22 (3) (b) of the statutes is created to read:
SB445-SSA2,19,129 706.22 (3) (b) If a local governmental unit has in effect on the effective date of
10this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is
11inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not
12apply and may not be enforced.
SB445-SSA2,41 13Section 41. 800.035 (1) of the statutes is amended to read:
SB445-SSA2,19,2014 800.035 (1) A defendant may make an initial appearance in person or by
15submitting a written response to the citation or complaint except when the judge has
16required an appearance under s. 800.02 (2) (ag) 4. For the purposes of this section,
17if a defendant is a limited liability company, the defendant appears in person if the
18appearance is by a member, as defined in s. 183.0102 (15), by an agent or authorized
19employee of the defendant, or by an agent of the member or an authorized employee
20of the agent.
SB445-SSA2,42 21Section 42. 943.14 of the statutes is renumbered 943.14 (2) and amended to
22read:
SB445-SSA2,20,223 943.14 (2) Whoever intentionally enters or remains in the dwelling of another
24without the consent of some person lawfully upon the premises or, if no person is
25lawfully upon the premises, without the consent of the owner of the property that

1includes the dwelling
, under circumstances tending to create or provoke a breach of
2the peace, is guilty of a Class A misdemeanor.
SB445-SSA2,43 3Section 43. 943.14 (1) of the statutes is created to read:
SB445-SSA2,20,74 943.14 (1) In this section, "dwelling" means a structure or part of a structure
5that is used or intended to be used as a home or residence by one or more persons to
6the exclusion of all others. For the purposes of this section, a dwelling meets that
7definition regardless of whether the dwelling is currently occupied by a resident.
SB445-SSA2,44 8Section 44. Initial applicability.
SB445-SSA2,20,11 9(1) The treatment of sections 704.17 (3m) and 704.19 (2) (b) 2. of the statutes
10first applies to criminal activities or drug-related criminal activities that are
11committed on the effective date of this subsection.
SB445-SSA2,20,14 12(2) The creation of section 704.17 (5) (b) of the statutes first applies to leases
13and rental agreements that are entered into or renewed on the effective date of this
14subsection.
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