Under current law, the sale of the personal property must be conducted in a
commercially reasonable manner. This bill replaces that language with a
requirement that the sale be a public sale with three or more bidders or that the
personal property be offered for sale to at least three persons who deal with the type
of property for sale, or that the sale be conducted in another manner that is
commercially reasonable.
The bill requires a rental agreement that includes a provision that limits the
value of property stored to print that provision in bold type or underlined type of the
same size as the rest of the agreement. If such a provision is in the rental agreement,
that limit is presumed to be the maximum value of the property stored.
Current law gives the Department of Agriculture, Trade and Consumer
Protection (DATCP) authority to promulgate rules regarding self-storage facilities,
investigate violations of the statutory provisions, and refer the matter to the
Department of Justice (DOJ) or district attorney to bring a court action against a
violator. Current law also allows a private person to bring a civil action for a violation
of the statutory provisions, which allows the person to recover his or her damages,
costs, disbursements, and attorney fees. This bill removes the statutory private right
of action, effectively limiting an individual's right to only bringing an action based
on common law, such as conversion, and limits the award to damages, costs, and
statutory attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB707, s. 1 1Section 1. 704.90 (2m) of the statutes is amended to read:
AB707,3,32 704.90 (2m) Written rental agreement. Every rental agreement shall be in
3writing and shall contain a provision allowing the lessee to specify the name and
4last-known address of a person who, in addition to the lessee, the operator is
5required to notify under sub. (5) (b) 1. If the rental agreement contains a provision

1that places a limit on the value of property that is stored in the leased space, that
2provision shall be typed in bold type or underlined type of the same size as the
3remainder of the agreement.
AB707, s. 2 4Section 2. 704.90 (3) (c) of the statutes is created to read:
AB707,3,75 704.90 (3) (c) If the rental agreement contains a limit on the value of property
6stored in the lessee's storage space, the limit shall be presumed to be the maximum
7value of the property stored in that space.
AB707, s. 3 8Section 3. 704.90 (4g) of the statutes is amended to read:
AB707,3,129 704.90 (4g) Default or failure to pay after termination. A lessee who defaults
10or fails to pay rent for the storage of personal property abandoned after the
11termination of the rental agreement is subject to the procedures and remedies in
12subs. (4r) to (9) and (12).
AB707, s. 4 13Section 4. 704.90 (5) (a) of the statutes is amended to read:
AB707,3,1814 704.90 (5) (a) At any time prior to disposal under sub. (5m) or sale under sub.
15(6), a lessee may redeem personal property by paying the operator any rent and other
16charges due. Upon receipt of such payment, the operator shall return the personal
17property, and thereafter the operator shall have no liability to any person with
18respect to such personal property.
AB707, s. 5 19Section 5. 704.90 (5) (b) (intro.) of the statutes is amended to read:
AB707,3,2220 704.90 (5) (b) (intro.) An operator may not dispose of personal property under
21sub. (5m) or
sell personal property under sub. (6) unless the operator first delivers
22the following 2 notices:
AB707, s. 6 23Section 6. 704.90 (5) (b) 2. (intro.) of the statutes is amended to read:
AB707,4,3
1704.90 (5) (b) 2. (intro.) A 2nd notice sent by certified mail or 1st class mail with
2a certificate of mailing
to the last-known address of the lessee containing all of the
3following:
AB707, s. 7 4Section 7. 704.90 (5) (b) 2. d. of the statutes is amended to read:
AB707,4,105 704.90 (5) (b) 2. d. A statement that unless the rent and other charges are paid
6within the time period under subd. 2. c., the personal property may be disposed of if
7the property is worth less than $100 or
will be sold, a specification of the date, time
8and place of the sale and a statement that if the property is sold the operator shall
9apply the proceeds of the sale first to satisfy the lien and shall report and deliver any
10balance to the state treasurer as provided under ch. 177.
AB707, s. 8 11Section 8. 704.90 (5m) of the statutes is created to read:
AB707,4,1412 704.90 (5m) Disposal of certain property. If the fair market value of personal
13property that was stored in the lessee's leased space is less than $100, an operator
14may do any of the following:
AB707,4,1715(a) Donate the personal property to an organization described in section 501
16(c) (3) of the Internal Revenue Code that is exempt from federal income tax under s.
17501 (a) of the Internal Revenue Code.
AB707,4,1818 (b) Dispose of the personal property in a solid waste facility.
AB707,4,1919 (c) Have the personal property recycled.
AB707,4,2120 (d) Remove the personal property in another manner that is reasonable under
21the circumstances.
AB707, s. 9 22Section 9. 704.90 (6) (a) 4. of the statutes is amended to read:
AB707,5,223 704.90 (6) (a) 4. An advertisement of the sale is published once a week for 2
24consecutive weeks in a newspaper of general circulation where the self-service
25storage facility is located, or is published once in a newspaper of general circulation

1where the self-storage facility is located and is posted in 2 public places to give notice
2to the persons affected. In this subdivision, the Internet is considered a public place
.
AB707, s. 10 3Section 10. 704.90 (6) (a) 5. b. of the statutes is amended to read:
AB707,5,54 704.90 (6) (a) 5. b. The address of the self-service storage facility, the number,
5if any, of the space where the personal property is located
and the name of the lessee.
AB707, s. 11 6Section 11. 704.90 (6) (a) 7. of the statutes is renumbered 704.90 (6) (a) 7.
7(intro.) and amended to read:
AB707,5,108 704.90 (6) (a) 7. (intro.) The sale is conducted in a commercially reasonable
9manner and
conforms to the terms of the notices under sub. (5) (b). and to any of the
10following:
AB707, s. 12 11Section 12. 704.90 (6) (a) 7. a., b. and c. of the statutes are created to read:
AB707,5,1312 704.90 (6) (a) 7. a. The personal property is offered either as a single parcel or
13multiple parcels at a public sale attended by 3 or more bidders.
AB707,5,1514 b. The personal property has been offered to at least 3 persons who deal in the
15type of personal property offered for sale and is sold in a private transaction.
AB707,5,1716 c. The personal property is sold in another manner that is commercially
17reasonable.
AB707, s. 13 18Section 13. 704.90 (12) of the statutes is repealed.
AB707,5,1919 (End)
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