SB555,16 24Section 16. 704.90 (5) (b) 1. b. of the statutes is repealed.
SB555,17 25Section 17. 704.90 (5) (b) 2. (intro.) of the statutes is amended to read:
SB555,17,4
1704.90 (5) (b) 2. (intro.) A Subject to sub. (7) (b), a 2nd notice sent by certified
2mail or 1st class mail with a certificate of mailing
verified mail to the last-known
3address of the lessee, or by electronic mail to the last-known electronic mail address
4of the lessee,
containing all of the following:
SB555,18 5Section 18. 704.90 (5) (b) 2. ag. of the statutes is repealed.
SB555,19 6Section 19. 704.90 (5) (b) 2. d. of the statutes is amended to read:
SB555,17,157 704.90 (5) (b) 2. d. A statement that, unless the rent and other charges are paid
8within the time period under subd. 2. c., the personal property may be disposed of if
9the fair market value of the property is less than $100, may be removed by a towing
10company if the property is a vehicle,
or will be sold,; a specification of the date, time,
11and place of the sale if the property is to be sold; and a statement that if the property
12is sold the operator first shall apply the proceeds of the sale first to satisfy the lien
13and then shall return any balance to the lessee or, if the operator cannot with due
14diligence locate the lessee,
report and deliver any balance to the secretary of revenue
15as provided under ch. 177.
SB555,20 16Section 20. 704.90 (5) (c) of the statutes is created to read:
SB555,17,2017 704.90 (5) (c) When the operator sends the 2nd notice under par. (b) 2., the
18operator shall have available, at the operator's discretion, either photographs or a
19video of the personal property. The operator shall make the photographs or video
20available to the lessee upon the lessee's request.
SB555,21 21Section 21. 704.90 (5r) of the statutes is created to read:
SB555,17,2522 704.90 (5r) Removal of vehicle. (a) If the personal property stored in the
23lessee's leased space is a vehicle, in lieu of a sale under sub. (6), the operator may have
24the vehicle removed from the leased space by a towing company as provided in s.
25349.13 (3m) if all of the following apply:
SB555,18,2
11. The lessee failed to pay rent or other charges under a rental agreement for
2at least 7 consecutive days after the due date under the rental agreement.
SB555,18,43 2. The operator has complied with the notice requirements under subs. (5) (b)
4and (7) (b).
SB555,18,75 3. Before the operator sent the 2nd notice under sub. (5) (b) 2., the lessee had
6failed to pay rent or other charges due under the rental agreement for more than 60
7consecutive days after the due date under the rental agreement.
SB555,18,98 4. The lessee has failed to redeem the personal property under sub. (5) (a)
9within the time specified in the notice under sub. (5) (b) 2. c.
SB555,18,1110 (b) The operator shall be immune from civil liability for any damage to or loss
11of the vehicle arising from or related to the removal and towing of the vehicle.
SB555,22 12Section 22. 704.90 (6) (a) 2. of the statutes is amended to read:
SB555,18,1413 704.90 (6) (a) 2. The operator has complied with the notice requirements under
14sub. subs. (5) (b) and (7) (b).
SB555,23 15Section 23. 704.90 (6) (a) 4. of the statutes is amended to read:
SB555,18,1816 704.90 (6) (a) 4. An advertisement of the sale is published once a week for 2
17consecutive weeks
in a newspaper of general circulation where the self-service
18storage facility or unit is located.
SB555,24 19Section 24. 704.90 (6) (a) 5. (intro.) and b. of the statutes are consolidated,
20renumbered 704.90 (6) (a) 5. and amended to read:
SB555,18,2321 704.90 (6) (a) 5. The advertisement under subd. 4. contains all of the following:
22b. The
the address of the self-service storage facility or of the operator of the
23self-service storage unit and the name of the lessee.
SB555,25 24Section 25. 704.90 (6) (a) 5. a. of the statutes is repealed.
SB555,26 25Section 26. 704.90 (6) (a) 6. of the statutes is amended to read:
SB555,19,2
1704.90 (6) (a) 6. The sale takes place not sooner than 15 days after the first
2publication under subd. 4.
SB555,27 3Section 27. 704.90 (6) (a) 7. (intro.) of the statutes is amended to read:
SB555,19,54 704.90 (6) (a) 7. (intro.) The Except as provided in par. (am), the sale conforms
5to the terms of the notices under sub. (5) (b) and to any of the following:
SB555,28 6Section 28. 704.90 (6) (a) 7. c. of the statutes is amended to read:
SB555,19,87 704.90 (6) (a) 7. c. The personal property is sold in another manner that is
8commercially reasonable, including by means of the Internet.
SB555,29 9Section 29. 704.90 (6) (a) 8. of the statutes is amended to read:
SB555,19,1310 704.90 (6) (a) 8. The sale is conducted at an Internet site that is reasonably
11expected to attract bidders or, if conducted at a physical location, is
held at the
12self-service storage facility, at the self-service storage unit, or at the nearest suitable
13place to the place where the personal property is stored.
SB555,30 14Section 30. 704.90 (6) (am) of the statutes is created to read:
SB555,20,215 704.90 (6) (am) If the sale is advertised to be a public sale at a physical location,
16notwithstanding the date and time specified in the notice under sub. (5) (b) 2. d. for
17the sale, the operator may postpone the sale for up to 14 days due to inclement
18weather on the day of the sale. If the sale is postponed, the operator shall provide
19notice of the new date, time, and place of the sale in an advertisement that satisfies
20the requirements under par. (a) 5. and that provides the original date of the sale, that
21explains that the original sale was postponed, and that provides the reason for the
22postponement. The advertisement under this paragraph may be published in the
23manner provided in par. (a) 4. and the sale on the new date may be conducted as
24provided in par. (a) 8. The operator shall also send notice at least 5 days before the
25new date of the sale, by regular mail to the last-known address of the lessee or by

1electronic mail to the last-known electronic mail address of the lessee, stating that
2the sale was postponed and providing the new date, time, and place of the sale.
SB555,31 3Section 31. 704.90 (6) (b) of the statutes is amended to read:
SB555,20,74 704.90 (6) (b) The operator first shall apply the proceeds of the sale first to
5satisfy the lien under sub. (3) (a). The operator then shall return any balance of the
6proceeds to the lessee or, if the operator cannot with due diligence locate the lessee,

7report and deliver any balance to the secretary of revenue as provided under ch. 177.
SB555,32 8Section 32. 704.90 (7) (title) of the statutes is amended to read:
SB555,20,99 704.90 (7) (title) Notice; presumption of delivery; use of electronic mail.
SB555,33 10Section 33. 704.90 (7) of the statutes is renumbered 704.90 (7) (a).
SB555,34 11Section 34. 704.90 (7) (b) of the statutes is created to read:
SB555,20,1612 704.90 (7) (b) A notice under sub. (5) (b) 1. or 2. or (6) (am) may be sent by
13electronic mail only if the operator uses a service that provides confirmation of the
14receipt of electronic mail and the operator receives confirmation that the notice was
15received. If the operator does not use such a service or if receipt is not confirmed, the
16operator must send the notice by regular or verified mail, whichever is applicable.
SB555,35 17Section 35. Initial applicability.
SB555,20,2018 (1) The treatment of section 704.90 (4b) (a) of the statutes first applies to a late
19fee charged for nonpayment of rent under a rental agreement entered into, modified,
20or renewed on the effective date of this subsection.
SB555,20,2321 (2) The treatment of section 704.90 (5) (a) of the statutes first applies to
22redeeming personal property under a rental agreement entered into, modified, or
23renewed on the effective date of this subsection.
SB555,21,324 (3) The treatment of section 704.90 (1) (i) and (j), (5) (b) 1. (intro.) and b. and
252. (intro.), ag., and d. and (c), and (7) (title) of the statutes, the renumbering of section

1704.90 (7) of the statutes, and the creation of section 704.90 (7) (b) of the statutes first
2apply to notices sent with respect to a default or failure to pay rent under a rental
3agreement entered into, modified, or renewed on the effective date of this subsection.
SB555,21,74 (4) The treatment of sections 349.13 (3m) (a) 1., 1g., 1n., 1r., and 3., (bm), (d),
5and (dr) 2. and 704.90 (5) (b) (intro.) and (5r) of the statutes first applies to the
6removal of a vehicle stored in a leased space under a rental agreement entered into,
7modified, or renewed on the effective date of this subsection.
SB555,21,118 (5) The treatment of section 704.90 (6) (a) 2., 4., 5. (intro.), a., and b., 6., 7.
9(intro.) and c., and 8., (am), and (b) of the statutes first applies to sales of personal
10property as a result of a default or failure to pay rent under a rental agreement
11entered into, modified, or renewed on the effective date of this subsection.
SB555,36 12Section 36. Effective dates. This act takes effect on July 1, 2018, except as
13follows:
SB555,21,1514 (1) The treatment of sections 628.02 (1) (b) 10. and 632.976 of the statutes takes
15effect on the day after publication.
SB555,21,1616 (End)
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