SB179,15,2320 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.
SB179,36 24Section 36. 799.45 (3) (am) (intro.) of the statutes is renumbered 799.45 (3m)
25and amended to read:
SB179,16,21
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:
SB179,37 22Section 37. 799.45 (3) (am) 1. of the statutes is repealed.
SB179,38 23Section 38. 799.45 (3) (am) 2. of the statutes is repealed.
SB179,39 24Section 39. 799.45 (3) (am) 3. of the statutes is repealed.
SB179,40 25Section 40. 799.45 (3) (am) 4. of the statutes is repealed.
SB179,41
1Section 41. 799.45 (3) (am) 5. of the statutes is repealed.
SB179,42 2Section 42. 799.45 (3) (am) 6. of the statutes is repealed.
SB179,43 3Section 43. 799.45 (3) (am) 7. of the statutes is repealed.
SB179,44 4Section 44. 799.45 (3) (b) of the statutes is amended to read:
SB179,17,215 799.45 (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.
SB179,45 22Section 45. 799.45 (3) (c) of the statutes is amended to read:
SB179,18,623 799.45 (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.
SB179,46 7Section 46. 799.45 (4) of the statutes is amended to read:
SB179,18,128 799.45 (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.
SB179,47 13Section 47. 895.489 of the statutes is created to read:
SB179,18,14 14895.489 Civil liability exemption; tenancy references. (1) In this section:
SB179,18,2215 (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.
SB179,18,2423 (b) "Tenant" means a residential tenant, regardless of the type of tenancy or
24rental period.
SB179,19,8
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.
SB179,48 9Section 48 . 0Nonstatutory provisions.
SB179,19,1410 (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.
SB179,20,515 (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.
SB179,49 6Section 49. Initial applicability.
SB179,20,87 (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.
SB179,20,119 (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.
SB179,20,1412 (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.
SB179,20,1715 (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.
SB179,20,2018 (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.
SB179,20,2221 (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.
SB179,50 23Section 50. Effective dates. This act takes effect on the first day of the first
24month beginning after publication, except as follows:
SB179,21,4
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.
SB179,21,55 (2) Section 48 (1 ) and (2) of this act takes effect on the day after publication.
SB179,21,66 (End)
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