AB183,8 12Section 8. 349.13 (5) (c) of the statutes is amended to read:
AB183,8,2113 349.13 (5) (c) A traffic or police officer or parking enforcer who requests removal
14of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of
15requesting the removal, notify the towing service of the name and last-known
16address of the registered owner and all lienholders of record of the vehicle if the
17vehicle is to be removed to any location other than a public highway within one mile
18from the location from which the vehicle is to be removed and if the officer or parking
19enforcer
is not employed by a municipality or county that has entered into a towing
20services agreement which requires the municipality or county to provide notice to
21such owner and lienholders of the towing.
AB183,9 22Section 9. 704.05 (5) (a) 1. of the statutes is amended to read:
AB183,9,323 704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and
24leaves personal property, the landlord may presume, in the absence of a written
25agreement between the landlord and the tenant to the contrary, that the tenant has

1abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m),
2dispose of the abandoned personal property in any manner that the landlord, in its
3sole discretion, determines is appropriate.
AB183,10 4Section 10. 704.05 (5) (bf) of the statutes is amended to read:
AB183,9,175 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does
6not intend to store personal property left behind by a tenant, except as provided in
7par. (am), the landlord shall provide written notice to a tenant, when the tenant
8enters into, and when the tenant or renews, a rental agreement or at any other time
9before the tenant removes from or is evicted from the premises,
that the landlord will
10not store any items of personal property that the tenant leaves behind when the
11tenant removes from, or if the tenant is evicted from, the premises, except as
12provided in par. (am). Notwithstanding pars. (a), (am), and (b), if the landlord does
13not provide
has not provided to a tenant the notice required under this paragraph,
14the landlord shall comply with s. 704.05, 2009 stats., with respect to any personal
15property left behind by the tenant when the tenant removes from the premises, or
16if the tenant is evicted from the premises and the landlord notifies the sheriff under
17s. 799.45 (3m)
.
AB183,11 18Section 11. 704.07 (2) (bm) 1. of the statutes is amended to read:
AB183,9,2019 704.07 (2) (bm) 1. The landlord has actual knowledge received written notice
20of the violation from a local housing code enforcement agency.
AB183,12 21Section 12. 704.07 (3) (a) of the statutes is amended to read:
AB183,9,2522 704.07 (3) (a) If the premises are damaged by the negligence or improper use
23of the premises by
, including by an infestation of insects or other pests, due to the acts
24or inaction of
the tenant, the landlord may elect to allow the tenant must to
25remediate or
repair the damage and restore the appearance of the premises by

1redecorating. However, the landlord may elect to undertake the remediation, repair,
2or redecoration, and in such case the tenant must reimburse the landlord for the
3reasonable cost thereof; the cost to the landlord is presumed reasonable unless
4proved otherwise by the tenant.
AB183,13 5Section 13. 704.08 of the statutes is amended to read:
AB183,10,16 6704.08 Information check-in Check-in sheet. A landlord shall provide to
7a new residential tenant when the tenant commences his or her occupancy of the
8premises a standardized information check-in sheet that contains an itemized
9description of
the tenant may use to make comments, if any, about the condition of
10the premises at the time of check-in. The tenant shall be given 7 days from the date
11the tenant commences his or her occupancy to complete the check-in sheet and
12return it to the landlord. The landlord is not required to provide the information
13check-in sheet to a tenant upon renewal of a rental agreement. This section does not
14apply to the rental of a plot of ground on which a manufactured home, as defined in
15s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be
16located.
AB183,14 17Section 14. 704.28 (2) of the statutes is amended to read:
AB183,11,318 704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a
19rental agreement may include one or more nonstandard rental provisions that
20authorize the landlord to withhold amounts from the tenant's security deposit for
21reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions
22shall be provided to the tenant in a separate written document entitled
23"NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify
24and discuss each nonstandard rental provision with the tenant before the tenant
25enters into a rental agreement with the landlord. If the tenant signs his or her name,

1or writes his or her initials, by
a nonstandard rental provision, it is rebuttably
2presumed that the landlord has specifically identified and discussed the
3nonstandard rental provision with the tenant and that the tenant has agreed to it.
AB183,15 4Section 15. 704.28 (4) (b) of the statutes is amended to read:
AB183,11,95 704.28 (4) (b) If the tenant vacates the premises before the termination date
6of the rental agreement or if the tenant is evicted, the date on which the tenant's
7rental agreement terminates or, if the landlord rerents the premises before the
8tenant's rental agreement terminates, the date on which the new tenant's tenancy
9begins.
AB183,16 10Section 16. 704.28 (4) (d) of the statutes is repealed.
AB183,17 11Section 17. 704.28 (5) of the statutes is created to read:
AB183,11,1312 704.28 (5) Application to residential tenancies. This section applies to
13residential tenancies only.
AB183,18 14Section 18. 704.44 (9) of the statutes is repealed.
AB183,19 15Section 19. 704.95 of the statutes is amended to read:
AB183,11,21 16704.95 Practices regulated by the department of agriculture, trade
17and consumer protection.
Practices in violation of this chapter s. 704.28 or 704.44
18may also constitute unfair methods of competition or unfair trade practices under s.
19100.20. However, the department of agriculture, trade and consumer protection may
20not issue an order or promulgate a rule under s. 100.20 that changes any right or duty
21arising under this chapter.
AB183,20 22Section 20. 799.05 (3) (b) of the statutes is amended to read:
AB183,12,323 799.05 (3) (b) Except in eviction actions, the return date for a summons served
24upon a resident of this state shall be not less than 8 days nor more than 30 days from
25the issue date, and service shall be made not less than 8 days prior to the return date.

1In eviction actions, the return date for a summons served upon a resident of this state
2shall be not less than 5 days nor more than 30 14 days from the issue date, and service
3shall be made not less than 5 days prior to the return date.
AB183,21 4Section 21. 799.06 (2) of the statutes is amended to read:
AB183,12,135 799.06 (2) A person may commence and prosecute or defend an action or
6proceeding under this chapter and may appear in his, her, or its own proper person
7or by an attorney regularly authorized to practice in the courts of this state. Under
8this subsection, a person is considered to be acting in his, her, or its own proper
9person if the appearance is by a full-time member or authorized employee of the
10person, or by an agent of the member or an authorized employee of the agent. An
11assignee of any cause of action under this chapter shall not appear by a full-time
12authorized employee, unless the employee is an attorney regularly authorized to
13practice in the courts of this state.
AB183,22 14Section 22. 799.12 (2) of the statutes is amended to read:
AB183,12,1715 799.12 (2) Any circuit court may by rule authorize the service of summons in
16some or all actions under this chapter, except eviction actions, by mail under sub. (3)
17in lieu of personal or substituted service under s. 801.11.
AB183,23 18Section 23. 799.20 (4) of the statutes is amended to read:
AB183,13,419 799.20 (4) Inquiry of defendant who appears on return date. If the defendant
20appears on the return date of the summons or any adjourned date thereof, the court
21or circuit court commissioner shall make sufficient inquiry of the defendant to
22determine whether the defendant claims a defense to the action. If it appears to the
23court or circuit court commissioner that the defendant claims a defense to the action,
24the court or circuit court commissioner shall schedule a trial of all the issues involved
25in the action, unless the parties stipulate otherwise or the action is subject to

1immediate dismissal. In an eviction action, the court or circuit court commissioner
2shall schedule a trial of all the issues involved in the action within 20 days of the
3return date of the summons or any adjourned date thereof, unless the parties
4stipulate otherwise or the action is subject to immediate dismissal.
AB183,24 5Section 24. 799.206 (3) of the statutes is amended to read:
AB183,13,106 799.206 (3) When all parties appear in person or by their attorneys on the
7return date in an eviction, garnishment, or replevin action and any party claims that
8a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as
9soon as possible before a judge and in the case of an eviction action, not more than
1020 days after the return date
.
AB183,25 11Section 25. 799.40 (1) of the statutes is amended to read:
AB183,13,1512 799.40 (1) When commenced. A civil action of eviction may be commenced by
13a person entitled to the possession of real property, or by that person's agent
14authorized in writing,
to remove therefrom any person who is not entitled to either
15the possession or occupancy of such real property.
AB183,26 16Section 26. 799.40 (1m) of the statutes is amended to read:
AB183,13,2217 799.40 (1m) Acceptance of rent or other payment. If a landlord commences
18an action under this section against a tenant whose tenancy has been terminated for
19failure to pay rent or for any other reason, the action under this section may not be
20dismissed solely because the landlord accepts past due rent or any other payment
21from the tenant after the termination of the tenant's tenancy serving notice of default
22or after commencing the action
.
AB183,27 23Section 27. 799.42 of the statutes is amended to read:
AB183,14,3
1799.42 Service and filing in eviction actions. The complaint shall be
2served with the summons when personal or substituted service is had under s. 799.12
3(1).
AB183,28 4Section 28. 799.44 (2) of the statutes is amended to read:
AB183,14,95 799.44 (2) Writ of restitution. At the time of ordering judgment for the
6restitution of premises, the court shall order that a writ of restitution be issued, and
7the writ may be
within 5 days and delivered to the sheriff for execution in accordance
8with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days
9after its issuance.
AB183,29 10Section 29. 799.45 (title) of the statutes is amended to read:
AB183,14,12 11799.45 (title) Execution of writ of restitution; disposal of personal
12property
.
AB183,30 13Section 30. 799.45 (1) of the statutes is amended to read:
AB183,14,2314 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff,
15and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall
16execute the writ. If the plaintiff, or the plaintiff's attorney or agent, does not notify
17the sheriff under sub. (3) (am) (3m) that the plaintiff or his or her agent will remove
18and store or dispose of the property, the sheriff may require that prior to the
19execution of any writ of restitution the plaintiff deposit a reasonable sum
20representing the probable cost of removing the defendant's property chargeable to
21the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s.
22814.70 (8). In case of dispute as to the amount of the required deposit, the amount
23of that deposit shall be determined by the court under s. 814.70 (10).
AB183,31 24Section 31. 799.45 (2) (b) of the statutes is amended to read:
AB183,15,5
1799.45 (2) (b) Remove If the plaintiff or his or her agent does not notify the
2sheriff under sub. (3m) that the plaintiff or his or her agent will remove and store or
3dispose of the personal property, remove
or supervise removal from the premises
4described in the writ, using such reasonable force as may be necessary, all personal
5property found in the premises not the property of the plaintiff.
AB183,32 6Section 32. 799.45 (2) (bg) of the statutes is amended to read:
AB183,15,107 799.45 (2) (bg) Assist If requested by the plaintiff or his or her agent, assist the
8plaintiff or his or her agent in the removal, under sub. (3) (am) (3m), of all personal
9property found in the premises described in the writ, not the property of the plaintiff,
10using such reasonable force as may be necessary.
AB183,33 11Section 33. 799.45 (2) (c) of the statutes is amended to read:
AB183,15,1512 799.45 (2) (c) Exercise ordinary care in the removal or supervision of removal
13of all persons and property from the premises and, in the removal or supervision of
14removal of personal property under par. (b), and
in the handling and storage of all
15property removed from the premises under par. (b).
AB183,34 16Section 34. 799.45 (3) (title) of the statutes is amended to read:
AB183,15,1817 799.45 (3) (title) Manner of removal and disposition of removed goods by
18sheriff
.
AB183,35 19Section 35. 799.45 (3) (a) of the statutes is amended to read:
AB183,15,2320 799.45 (3) (a) In accomplishing the removal of property from the premises
21described in the writ, the sheriff is authorized to engage the services of a mover or
22trucker unless the plaintiff notifies the sheriff under par. (am) sub. (3m) that the
23plaintiff will remove and store or dispose of the property.
AB183,36 24Section 36. 799.45 (3) (am) (intro.) of the statutes is renumbered 799.45 (3m)
25and amended to read:
AB183,16,21
1799.45 (3m) Alternative disposition of property by plaintiff. When
2delivering a writ of restitution to the sheriff in counties other than counties with a
3population of 500,000 or more
, as a complete alternative to the procedure for
4disposition of the property under sub. (3)
, the plaintiff or his or her attorney or agent
5may notify the sheriff that the plaintiff or the plaintiff's agent will be responsible for
6the removal and storage or disposal of the property that is found in the premises
7described in the writ and that does not belong to the plaintiff. When notifying the
8sheriff that the plaintiff or the plaintiff's agent will remove the property, the plaintiff
9or his or her attorney or agent shall file the bond or insurance policy required under
10subd. 5. with the clerk of court that issued the writ of restitution
in accordance with
11s. 704.05
. If the sheriff is notified that the plaintiff or the plaintiff's agent will be
12responsible for the removal and storage or disposal of the property under this
13paragraph subsection, the sheriff shall, in executing the writ of restitution if
14requested by the plaintiff or his or her agent
, supervise the removal and handling of
15the property by the plaintiff or the plaintiff's agent. The sheriff may prevent the
16plaintiff or the plaintiff's agent from removing property under this paragraph if the
17plaintiff or the plaintiff's agent fails to comply with subd. 1., 2., 5. or 6. or if the
18plaintiff or the plaintiff's agent fails to exercise ordinary care in the removal and
19handling of the property as required under subd. 3. If the plaintiff or the plaintiff's
20agent remove and store the property under this paragraph, the plaintiff or the
21plaintiff's agent shall do all of the following:
AB183,37 22Section 37. 799.45 (3) (am) 1. of the statutes is repealed.
AB183,38 23Section 38. 799.45 (3) (am) 2. of the statutes is repealed.
AB183,39 24Section 39. 799.45 (3) (am) 3. of the statutes is repealed.
AB183,40 25Section 40. 799.45 (3) (am) 4. of the statutes is repealed.
AB183,41
1Section 41. 799.45 (3) (am) 5. of the statutes is repealed.
AB183,42 2Section 42. 799.45 (3) (am) 6. of the statutes is repealed.
AB183,43 3Section 43. 799.45 (3) (am) 7. of the statutes is repealed.
AB183,44 4Section 44. 799.45 (3) (b) of the statutes is amended to read:
AB183,17,215 799.45 (3) (b) Except as provided in pars. (am) and par. (c), the property
6removed from such premises under this subsection shall be taken to some place of
7safekeeping within the county selected by the sheriff. Within 3 days of the removal
8of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4)
9stating the place where the goods are kept and, if the plaintiff had not removed the
10property under par. (am),
shall deliver to the defendant any receipt or other
11document required to obtain possession of the goods. Warehouse or other similar
12receipts issued with respect to goods stored by the sheriff under this subsection shall
13be taken in the name of the defendant. All expenses incurred for storage and other
14like charges after delivery by the sheriff or by the plaintiff to a place of safekeeping
15shall be the responsibility of the defendant. Any person accepting goods from the
16sheriff or the plaintiff for storage under this subsection, or the plaintiff, if he or she
17stores the property in his or her premises,
shall have all of the rights and remedies
18accorded by law against the defendant personally and against the property stored for
19the collection of such charges, including the lien of a warehouse under s. 407.209.
20Risk of damages to or loss of such property shall be borne by the defendant after
21delivery by the sheriff to the place of safekeeping.
AB183,45 22Section 45. 799.45 (3) (c) of the statutes is amended to read:
AB183,18,623 799.45 (3) (c) When, in the exercise of ordinary care, the sheriff determines that
24property to be removed from premises described in the writ is without monetary
25value, the sheriff or the plaintiff, if he or she has agreed to remove the property under

1par. (am),
may deliver or cause the same to be delivered to some appropriate place
2established for the collection, storage, and disposal of refuse. In such case the sheriff
3shall notify the defendant as specified in sub. (4) of the place to which the goods have
4been delivered within 3 days of the removal of the goods. The exercise of ordinary
5care by the sheriff under this subsection does not include searching apparently
6valueless property for hidden or secreted articles of value.
AB183,46 7Section 46. 799.45 (4) of the statutes is amended to read:
AB183,18,128 799.45 (4) Manner of giving notice to defendant. All notices required by sub.
9(3) to be given to the defendant by the sheriff or by the plaintiff shall be in writing
10and shall be personally served upon the defendant or mailed to the defendant at the
11last-known address, even if such address be the premises which are the subject of
12the eviction action.
AB183,47 13Section 47. 895.489 of the statutes is created to read:
AB183,18,14 14895.489 Civil liability exemption; tenancy references. (1) In this section:
AB183,18,2215 (a) "Reference" means a written or oral statement about the rental performance
16of an applicant for tenancy and may include statements about the applicant's
17payment history, conformance to rental agreement requirements, or conformance to
18local and state laws; factual statements regarding any rental agreement
19enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r);
20and factual statements about any dispute settlement between the landlord and
21applicant in accordance with any agreement between the landlord and applicant
22relating to termination of the applicant's tenancy.
AB183,18,2423 (b) "Tenant" means a residential tenant, regardless of the type of tenancy or
24rental period.
AB183,19,8
1(2) A landlord who, on the request of a prospective landlord of an applicant for
2tenancy or on the request of the applicant for tenancy, provides a reference to the
3prospective landlord is presumed to be acting in good faith and, unless lack of good
4faith is shown by clear and convincing evidence, is immune from all civil liability that
5may result from providing that reference. The presumption of good faith under this
6subsection may be rebutted only upon a showing by clear and convincing evidence
7that the landlord knowingly provided false information in the reference or made the
8reference maliciously.
AB183,48 9Section 48 . 0Nonstatutory provisions.
AB183,19,1410 (1) Proposed permanent rules. The department of transportation shall
11present the statement of scope of the rules required under section 349.13 (3m) (e) of
12the statutes, as created by this act, to the governor for approval under section
13227.135 (2) of the statutes no later than the 60th day after the effective date of this
14subsection.
AB183,20,515 (2) Emergency rules. Using the procedure under section 227.24 of the statutes,
16the department of transportation shall promulgate the rules required under section
17349.13 (3m) (e) of the statutes, as created by this act, for the period before the
18effective date of the permanent rules promulgated under section 349.13 (3m) (e) of
19the statutes, as created by this act, but not to exceed the period authorized under
20section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of
21the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes,
22the department is not required to provide evidence that promulgating a rule under
23this subsection as an emergency rule is necessary for the preservation of public
24peace, health, safety, or welfare and is not required to provide a finding of an
25emergency for a rule promulgated under this subsection. Notwithstanding section

1227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare
2a statement of the scope of the rules promulgated under this subsection or present
3the rules to the governor for approval. The department of transportation shall
4promulgate the rules under this subsection no later than the first day of the 7th
5month beginning after the effective date of this subsection.
AB183,49 6Section 49. Initial applicability.
AB183,20,87 (1) Insect infestations. The treatment of section 704.07 (3) (a) of the statutes
8first applies to tenancies that are in effect on the effective date of this subsection.
AB183,20,119 (2) Return of security deposit after eviction. The treatment of section 704.28
10(4) (b) and (d) of the statutes first applies to eviction actions that are commenced on
11the effective date of this subsection.
AB183,20,1412 (3) Applicability of security deposit provisions. The treatment of sections
13704.28 (5) of the statutes first applies to tenancies that are in effect on the effective
14date of this subsection.
AB183,20,1715 (4) Violations that constitute unfair trade practices. The treatment of
16section 704.95 of the statutes first applies to violations that occur on the effective
17date of this subsection.
AB183,20,2018 (5) Eviction actions. The treatment of sections 799.05 (3) (b), 799.12 (2), 799.20
19(4), 799.206 (3), 799.42, and 799.44 (2) of the statutes first applies to eviction actions
20that are filed on the effective date of this subsection.
AB183,20,2221 (6) References provided by landlords. The treatment of section 895.489 of the
22statutes first applies to references provided on the effective date of this subsection.
AB183,50 23Section 50. Effective dates. This act takes effect on the first day of the first
24month beginning after publication, except as follows:
AB183,21,4
1(1) The treatment of section 349.13 (5) (b) 2. and (c) of the statutes, the
2renumbering and amendment of section 349.13 (3m) of the statutes, and the creation
3of section 349.13 (3m) (a), (c), (d), and (e) of the statutes take effect on the the first
4day of the 7th month beginning after publication.
AB183,21,55 (2) Section 48 (1 ) and (2) of this act takes effect on the day after publication.
AB183,21,66 (End)
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