SB179: Bill Text

SB179,7,7 349.13 (3m) (b) No If private property is not properly posted and a vehicle involved in trespass parking on a is parked on the private parking lot or facility shall be removed property and is not authorized to be parked there, the vehicle may be removed immediately, at the vehicle owner's expense, without the permission of the vehicle owner, except upon the issuance of a repossession judgment or upon formal complaint and the issuance of a citation for illegal parking issued by a traffic or police officer.

SB179,6 Section 6. 349.13 (3m) (a), (c), (d) and (e) of the statutes are created to read:

SB179,7,9 349.13 (3m) (a) In this subsection:

SB179,7,10 1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).

SB179,7,13 2. "Properly posted" means there is clearly visible notice that an area is private property and that vehicles that are not authorized to park in this area may be immediately removed.

SB179,7,17 (c) If private property is properly posted and a vehicle is parked on the private property and is not authorized to be parked there, the vehicle may be removed immediately, at the vehicle owner's expense, without the permission of the vehicle owner, regardless of whether a citation is issued for illegal parking.

SB179,8,3 (d) A vehicle may be removed from private property under par. (b) or (c) only by a towing service at the request of the property owner or property owner's agent, a traffic officer, or a parking enforcer. The vehicle owner shall pay the reasonable charges for removal and, if applicable, storage of the vehicle. If the vehicle was removed at the request of the property owner or property owner's agent, these reasonable charges shall be paid directly to the towing service, and the towing service may impound the vehicle until these charges are paid. If these charges have not been paid in full within 30 days of the vehicle's removal and the vehicle owner has not entered into a written agreement with the towing service to pay these reasonable charges in installment payments, the vehicle shall be deemed abandoned and may be disposed of as are other abandoned vehicles.

SB179,8,5 (e) The department shall promulgate rules establishing reasonable charges for removal and storage of vehicles under this subsection.

SB179,7 Section 7. 349.13 (5) (b) 2. of the statutes is amended to read:

SB179,8,11 349.13 (5) (b) 2. A person who has custody of a vehicle removed or stored under subs. (3) to (4) or otherwise at the request of a law enforcement officer, traffic officer, parking enforcer, property owner, or property owner's agent shall release the personal property within the vehicle to the owner of the vehicle during regular office hours upon presentation by the owner of proper identification.

SB179,8 Section 8. 349.13 (5) (c) of the statutes is amended to read:

SB179,8,21 349.13 (5) (c) A traffic or police officer or parking enforcer who requests removal of a vehicle under subs. (3) to (4) by a towing service shall, within 24 hours of requesting the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle if the vehicle is to be removed to any location other than a public highway within one mile from the location from which the vehicle is to be removed and if the officer or parking enforcer is not employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.

SB179,9 Section 9. 704.05 (5) (a) 1. of the statutes is amended to read:

SB179,9,3 704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and leaves personal property, the landlord may presume, in the absence of a written agreement between the landlord and the tenant to the contrary, that the tenant has abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m), dispose of the abandoned personal property in any manner that the landlord, in its sole discretion, determines is appropriate.

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

SB179,9,17 704.05 (5) (bf) Notice that landlord will not store property. If the landlord does not intend to store personal property left behind by a tenant, 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 or at any other time before the tenant removes from or is evicted from the premises, that the landlord will not store any items of personal property that the tenant leaves behind when the tenant removes from, or if the tenant is evicted 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, or if the tenant is evicted from the premises and the landlord notifies the sheriff under s. 799.45 (3m).

SB179,11 Section 11. 704.07 (2) (bm) 1. of the statutes is amended to read:

SB179,9,20 704.07 (2) (bm) 1. The landlord has actual knowledge received written notice of the violation from a local housing code enforcement agency.

SB179,12 Section 12. 704.07 (3) (a) of the statutes is amended to read:

SB179,9,25 704.07 (3) (a) If the premises are damaged by the negligence or improper use of the premises by, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant must to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.

SB179,13 Section 13. 704.08 of the statutes is amended to read:

SB179,10,16 704.08 Information check-in Check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a standardized information check-in sheet that contains an itemized description of the tenant may use to make comments, if any, about the condition of the premises at the time of check-in. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the information check-in sheet to a tenant upon renewal of a rental agreement. This section does not apply to the rental of a plot of ground on which a manufactured home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be located.

SB179,14 Section 14. 704.28 (2) of the statutes is amended to read:

SB179,11,3 704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify and discuss each nonstandard rental provision with the tenant before the tenant enters into a rental agreement with the landlord. If the tenant signs his or her name, or writes his or her initials, by a nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed the nonstandard rental provision with the tenant and that the tenant has agreed to it.

SB179,15 Section 15. 704.28 (4) (b) of the statutes is amended to read:

SB179,11,9 704.28 (4) (b) If the tenant vacates the premises before the termination date of the rental agreement or if the tenant is evicted, 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.

SB179,16 Section 16. 704.28 (4) (d) of the statutes is repealed.

SB179,17 Section 17. 704.28 (5) of the statutes is created to read:

SB179,11,13 704.28 (5) Application to residential tenancies. This section applies to residential tenancies only.

SB179,18 Section 18. 704.44 (9) of the statutes is repealed.

SB179,19 Section 19. 704.95 of the statutes is amended to read:

SB179,11,21 704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.

SB179,20 Section 20. 799.05 (3) (b) of the statutes is amended to read:

SB179,12,3 799.05 (3) (b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 30 14 days from the issue date, and service shall be made not less than 5 days prior to the return date.

SB179,21 Section 21. 799.06 (2) of the statutes is amended to read:

SB179,12,13 799.06 (2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her, or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her, or its own proper person if the appearance is by a full-time member or authorized employee of the person, or by an agent of the member or an authorized employee of the agent. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.

SB179,22 Section 22. 799.12 (2) of the statutes is amended to read:

SB179,12,17 799.12 (2) Any circuit court may by rule authorize the service of summons in some or all actions under this chapter, except eviction actions, by mail under sub. (3) in lieu of personal or substituted service under s. 801.11.

SB179,23 Section 23. 799.20 (4) of the statutes is amended to read:

SB179,13,4 799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal. In an eviction action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action within 20 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

SB179,24 Section 24. 799.206 (3) of the statutes is amended to read:

SB179,13,10 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 20 days after the return date.

SB179,25 Section 25. 799.40 (1) of the statutes is amended to read:

SB179,13,15 799.40 (1) When commenced. A civil action of eviction may be commenced by a person entitled to the possession of real property, or by that person's agent authorized in writing, to remove therefrom any person who is not entitled to either the possession or occupancy of such real property.

SB179,26 Section 26. 799.40 (1m) of the statutes is amended to read:

SB179,13,22 799.40 (1m) Acceptance of rent or other payment. If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed solely because the landlord accepts past due rent or any other payment from the tenant after the termination of the tenant's tenancy serving notice of default or after commencing the action.

SB179,27 Section 27. 799.42 of the statutes is amended to read:

SB179,14,3 799.42 Service and filing in eviction actions. The complaint shall be served with the summons when personal or substituted service is had under s. 799.12 (1).

SB179,28 Section 28. 799.44 (2) of the statutes is amended to read:

SB179,14,9 799.44 (2) Writ of restitution. At the time of ordering judgment for the restitution of premises, the court shall order that a writ of restitution be issued, and the writ may be within 5 days and delivered to the sheriff for execution in accordance with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days after its issuance.

SB179,29 Section 29. 799.45 (title) of the statutes is amended to read:

SB179,14,12 799.45 (title) Execution of writ of restitution; disposal of personal property.

SB179,30 Section 30. 799.45 (1) of the statutes is amended to read:

SB179,14,23 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. If the plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) (3m) that the plaintiff or his or her agent will remove and store or dispose of the property, the sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of the required deposit, the amount of that deposit shall be determined by the court under s. 814.70 (10).

SB179,31 Section 31. 799.45 (2) (b) of the statutes is amended to read:

SB179,15,5 799.45 (2) (b) Remove If the plaintiff or his or her agent does not notify the sheriff under sub. (3m) that the plaintiff or his or her agent will remove and store or dispose of the personal property, remove or supervise removal from the premises described in the writ, using such reasonable force as may be necessary, all personal property found in the premises not the property of the plaintiff.

SB179,32 Section 32. 799.45 (2) (bg) of the statutes is amended to read:

SB179,15,10 799.45 (2) (bg) Assist If requested by the plaintiff or his or her agent, assist the plaintiff or his or her agent in the removal, under sub. (3) (am) (3m), of all personal property found in the premises described in the writ, not the property of the plaintiff, using such reasonable force as may be necessary.

SB179,33 Section 33. 799.45 (2) (c) of the statutes is amended to read:

SB179,15,15 799.45 (2) (c) Exercise ordinary care in the removal or supervision of removal of all persons and property from the premises and, in the removal or supervision of removal of personal property under par. (b), and in the handling and storage of all property removed from the premises under par. (b).

SB179,34 Section 34. 799.45 (3) (title) of the statutes is amended to read:

SB179,15,18 799.45 (3) (title) Manner of removal and disposition of removed goods by sheriff.

SB179,35 Section 35. 799.45 (3) (a) of the statutes is amended to read:

SB179,15,23 799.45 (3) (a) In accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to engage the services of a mover or trucker unless the plaintiff notifies the sheriff under par. (am) sub. (3m) that the plaintiff will remove and store or dispose of the property.

SB179,36 Section 36. 799.45 (3) (am) (intro.) of the statutes is renumbered 799.45 (3m) and amended to read:

SB179,16,21 799.45 (3m) Alternative disposition of property by plaintiff. When delivering a writ of restitution to the sheriff in counties other than counties with a population of 500,000 or more, as a complete alternative to the procedure for disposition of the property under sub. (3), the plaintiff or his or her attorney or agent may notify the sheriff that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property that is found in the premises described in the writ and that does not belong to the plaintiff. When notifying the sheriff that the plaintiff or the plaintiff's agent will remove the property, the plaintiff or his or her attorney or agent shall file the bond or insurance policy required under subd. 5. with the clerk of court that issued the writ of restitution in accordance with s. 704.05. If the sheriff is notified that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property under this paragraph subsection, the sheriff shall, in executing the writ of restitution if requested by the plaintiff or his or her agent, supervise the removal and handling of the property by the plaintiff or the plaintiff's agent. The sheriff may prevent the plaintiff or the plaintiff's agent from removing property under this paragraph if the plaintiff or the plaintiff's agent fails to comply with subd. 1., 2., 5. or 6. or if the plaintiff or the plaintiff's agent fails to exercise ordinary care in the removal and handling of the property as required under subd. 3. If the plaintiff or the plaintiff's agent remove and store the property under this paragraph, the plaintiff or the plaintiff's agent shall do all of the following:

SB179,37 Section 37. 799.45 (3) (am) 1. of the statutes is repealed.

SB179,38 Section 38. 799.45 (3) (am) 2. of the statutes is repealed.

SB179,39 Section 39. 799.45 (3) (am) 3. of the statutes is repealed.

SB179,40 Section 40. 799.45 (3) (am) 4. of the statutes is repealed.

SB179,41 Section 41. 799.45 (3) (am) 5. of the statutes is repealed.

SB179,42 Section 42. 799.45 (3) (am) 6. of the statutes is repealed.

SB179,43 Section 43. 799.45 (3) (am) 7. of the statutes is repealed.

SB179,44 Section 44. 799.45 (3) (b) of the statutes is amended to read:

SB179,17,21 799.45 (3) (b) Except as provided in pars. (am) and par. (c), the property removed from such premises under this subsection shall be taken to some place of safekeeping within the county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and, if the plaintiff had not removed the property under par. (am), shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff or by the plaintiff to a place of safekeeping shall be the responsibility of the defendant. Any person accepting goods from the sheriff or the plaintiff for storage under this subsection, or the plaintiff, if he or she stores the property in his or her premises, shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the sheriff to the place of safekeeping.

SB179,45 Section 45. 799.45 (3) (c) of the statutes is amended to read:

SB179,18,6 799.45 (3) (c) When, in the exercise of ordinary care, the sheriff determines that property to be removed from premises described in the writ is without monetary value, the sheriff or the plaintiff, if he or she has agreed to remove the property under par. (am), may deliver or cause the same to be delivered to some appropriate place established for the collection, storage, and disposal of refuse. In such case the sheriff shall notify the defendant as specified in sub. (4) of the place to which the goods have been delivered within 3 days of the removal of the goods. The exercise of ordinary care by the sheriff under this subsection does not include searching apparently valueless property for hidden or secreted articles of value.

SB179,46 Section 46. 799.45 (4) of the statutes is amended to read:

SB179,18,12 799.45 (4) Manner of giving notice to defendant. All notices required by sub. (3) to be given to the defendant by the sheriff or by the plaintiff shall be in writing and shall be personally served upon the defendant or mailed to the defendant at the last-known address, even if such address be the premises which are the subject of the eviction action.

SB179,47 Section 47. 895.489 of the statutes is created to read:

SB179,18,14 895.489 Civil liability exemption; tenancy references. (1) In this section:

SB179,18,22 (a) "Reference" means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant's payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant's tenancy.

SB179,18,24 (b) "Tenant" means a residential tenant, regardless of the type of tenancy or rental period.

SB179,19,8 (2) A landlord who, on the request of a prospective landlord of an applicant for tenancy or on the request of the applicant for tenancy, provides a reference to the prospective landlord is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the landlord knowingly provided false information in the reference or made the reference maliciously.

SB179,48 Section 48 . 0Nonstatutory provisions.

SB179,19,14 (1) Proposed permanent rules. The department of transportation shall present the statement of scope of the rules required under section 349.13 (3m) (e) of the statutes, as created by this act, to the governor for approval under section 227.135 (2) of the statutes no later than the 60th day after the effective date of this subsection.

SB179,20,5 (2) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 349.13 (3m) (e) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 349.13 (3m) (e) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval. The department of transportation shall promulgate the rules under this subsection no later than the first day of the 7th month beginning after the effective date of this subsection.

SB179,49 Section 49. Initial applicability.

SB179,20,8 (1) Insect infestations. The treatment of section 704.07 (3) (a) of the statutes first applies to tenancies that are in effect on the effective date of this subsection.