SB62: Bill Text

SB62, s. 829 Section 829. 560.797 (3) (c) of the statutes is created to read:

SB62,340,15 560.797 (3) (c) The department may not accept or approve any applications or project plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 830 Section 830. 560.797 (4) (a) of the statutes is amended to read:

SB62,340,21 560.797 (4) (a) If Except as provided in par. (h), if the department approves a project plan under sub. (3) and designates the area in which the person submitting the project plan conducts or intends to conduct the project as an enterprise development zone under the criteria under sub. (2), the department shall certify the person as eligible for tax benefits.

SB62, s. 831 Section 831. 560.797 (4) (h) of the statutes is created to read:

SB62,340,24 560.797 (4) (h) No person may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 832 Section 832. 560.798 (2) (a) of the statutes is amended to read:

SB62,341,5 560.798 (2) (a) The Except as provided under par. (c), the department may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department under sub. (3) is eligible for tax benefits as provided in sub. (3).

SB62, s. 833 Section 833. 560.798 (2) (c) of the statutes is created to read:

SB62,341,8 560.798 (2) (c) No area may be designated as an agricultural development zone on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 834 Section 834. 560.798 (3) (a) of the statutes is amended to read:

SB62,341,15 560.798 (3) (a) The Except as provided under par. (c), the department may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the department shall consider, among other things, the number of jobs that will be created or retained by the business.

SB62, s. 835 Section 835. 560.798 (3) (c) of the statutes is created to read:

SB62,341,18 560.798 (3) (c) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 836 Section 836. 560.7995 (2) (a) (intro.) of the statutes is amended to read:

SB62,341,22 560.7995 (2) (a) (intro.) Subject to par. pars. (c) and (e), the department may designate an area as an airport development zone if the department determines all of the following:

SB62, s. 837 Section 837. 560.7995 (2) (d) of the statutes is amended to read:

SB62,342,3 560.7995 (2) (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the department shall designate as an airport development zone the area within the boundaries of Adams, Fond du Lac, Green Lake, Juneau, Langlade, Lincoln, Marathon, Marquette, Menominee, Oneida, Portage, Price, Shawano, Taylor, Waupaca, Waushara, Winnebago, Wood, and Vilas counties.

SB62, s. 838 Section 838. 560.7995 (2) (e) of the statutes is created to read:

SB62,342,7 560.7995 (2) (e) No area may be designated as an airport development zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 839 Section 839. 560.7995 (4) (ar) of the statutes is created to read:

SB62,342,11 560.7995 (4) (ar) The department may not accept or approve any applications or business plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 840 Section 840. 560.7995 (4) (b) of the statutes is renumbered 560.7995 (4) (b) 1. and amended to read:

SB62,342,17 560.7995 (4) (b) 1. If Except as provided in subd. 2., if the department approves a business plan under par. (a) or (am), the department shall certify the person as eligible for tax benefits. The department shall notify the department of revenue within 30 days of certifying a person under this paragraph.

SB62, s. 841 Section 841. 560.7995 (4) (b) 2. of the statutes is created to read:

SB62,342,20 560.7995 (4) (b) 2. No person may be certified under this paragraph on or after the effective date of this subdivision .... [LRB inserts date].

SB62, s. 842 Section 842. 560.84 (2) (c) 2. of the statutes is amended to read:

SB62,342,24 560.84 (2) (c) 2. A development zone designated under s. 560.71, a development opportunity zone designated under s. 560.795 or an enterprise development zone designated under s. 560.797.

SB62, s. 843 Section 843. 560.96 (2) (a) of the statutes is amended to read:

SB62,343,4 560.96 (2) (a) The Except as provided in par. (c), the department may designate up to 8 areas in the state as technology zones. A business that is located in a technology zone and that is certified by the department under sub. (3) is eligible for a tax credit as provided in sub. (3).

SB62, s. 844 Section 844. 560.96 (2) (c) of the statutes is created to read:

SB62,343,7 560.96 (2) (c) No area may be designated as a technology zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 845 Section 845. 560.96 (3) (a) (intro.) of the statutes is amended to read:

SB62,343,11 560.96 (3) (a) (intro.) The Except as provided in par. (e), the department may certify for tax credits in a technology zone a business that satisfies all of the following requirements:

SB62, s. 846 Section 846. 560.96 (3) (e) of the statutes is created to read:

SB62,343,14 560.96 (3) (e) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].

SB62, s. 847 Section 847. 704.35 of the statutes is created to read:

SB62,343,20 704.35 Residential rental property in foreclosure. (1) Duty of landlord to provide notice of foreclosure. If a foreclosure action has been commenced against residential rental property, during the pendency of the action and before the expiration of the redemption period, the owner of the property shall notify any prospective tenant in writing of all of the following:

SB62,343,21 (a) That a foreclosure action has been commenced against the rental property.

SB62,343,23 (b) If judgment has been entered, the date on which the redemption period expires.

SB62,344,4 (2) Rental agreement must verify notice or is voidable. Any rental agreement entered into between the property owner and a tenant during the pendency of the foreclosure action and before the expiration of the redemption period shall include a separate written statement, signed by the tenant, that the owner has provided written notice as required under sub. (1). A rental agreement that does not include the statement signed by the tenant is voidable at the option of the tenant.

SB62,344,7 (3) Tenant protections. The protections under s. 846.35 apply to a residential tenant if a foreclosure action is or has been commenced against the real property containing the dwelling unit occupied by the tenant.

SB62, s. 848 Section 848. 799.40 (4) of the statutes is renumbered 799.40 (4) (a).

SB62, s. 849 Section 849. 799.40 (4) (b) of the statutes is created to read:

SB62,344,12 799.40 (4) (b) The court shall stay the proceedings in a civil action of eviction against a foreclosed homeowner, as defined in s. 846.40 (1) (b), under the circumstances and as provided in s. 846.40 (9).

SB62, s. 850 Section 850. 846.35 of the statutes is created to read:

SB62,344,17 846.35 Protections for tenants in foreclosure actions. (1) Notices from plaintiff. (a) If residential rental property is the subject of a foreclosure action, the plaintiff shall provide the following notices at the following times to the tenants who are in possession of each rental unit when a notice is given:

SB62,344,19 1. No later than 5 days after the foreclosure action is filed, notice that the plaintiff has commenced a foreclosure action with respect to the rental property.

SB62,344,22 2. No later than 5 days after the judgment of foreclosure is entered, notice that the plaintiff has been granted a judgment of foreclosure with respect to the rental property and notice of the date on which the redemption period ends.

SB62,344,24 3. When the confirmation of sale hearing has been scheduled, notice of the date and time of the hearing.

SB62,344,25 (b) The notices under par. (a) may be given in any of the following ways:

SB62,345,1 1. By personal service as provided in s. 801.11 (1).

SB62,345,6 2. By certified mail with return receipt requested. Notice given under this subdivision is considered completed when it is mailed, unless the envelope enclosing the notice is returned unopened to the plaintiff. All notices mailed under this subdivision shall be mailed in envelopes upon which the plaintiff's, or the plaintiff's attorney's, return address appears, with a request to return to that address.

SB62,345,10 (c) If a plaintiff fails to provide a notice under par. (a) in accordance with pars. (a) and (b), the court shall award the tenant to whom the notice should have been given $250 in damages, plus reasonable attorney fees. A tenant may not recover under this paragraph for more than one notice violation.

SB62,345,14 (2) Extended possession of premises; withholding last month's rent. (a) Notwithstanding ch. 704, all of the following apply to a tenant whose tenancy is terminated as a result of a foreclosure judgment and sale with respect to the rental property:

SB62,345,17 1. Subject to subd. 3., the tenant may retain possession of the tenant's rental unit for up to 2 months after the end of the month in which the sale of the property is confirmed.

SB62,345,21 2. The tenant may withhold rent in an amount equal to the security deposit during the last period the tenant actually retains possession of the rental unit, regardless of whether the tenant retains possession after the sale of the property is confirmed, as authorized under subd. 1.

SB62,345,23 3. The tenant's right to retain possession of the rental unit expires at the end of the month for which the tenant withholds rent, as authorized under subd. 2.

SB62,346,2 (b) Subject to par. (a) 2., a tenant who retains possession of the rental unit after the sale of the property is confirmed shall pay rent for the period during which the tenant retains possession at the same rate that applied immediately before the confirmation of the sale of the property.

SB62,346,8 (3) Execution of writ of assistance or restitution. No writ of assistance or writ of restitution for the removal of a tenant whose tenancy is terminated as a result of a foreclosure judgment and sale may be executed before the end of the 2nd month beginning after the month in which the sale of the property is confirmed, unless the tenant has waived in writing the right under sub. (2) (a) 1. to retain possession of the rental unit.

SB62,346,15 (4) Exclusion of information from the consolidated court automation programs. No information in a civil action, including a writ of assistance, writ of restitution, or entry of judgment of eviction, concerning the removal of a tenant from residential rental property may be included in the consolidated court automation programs that are accessible to the public through the circuit court public access Web site if that removal is the result of a mortgage foreclosure of that residential rental property.

SB62, s. 851 Section 851. 846.40 of the statutes is created to read:

SB62,346,18 846.40 Regulation of foreclosure reconveyances. (1) Definitions. In this section:

SB62,346,24 (a) "Closing" means an in-person meeting to complete final documents incident to the sale of real property or the creation of a mortgage on real property that is conducted by a closing agent who is not employed by, an affiliate of, or employed by an affiliate of, any foreclosure purchaser involved in the closing, and who does not have a business or personal relationship with any foreclosure purchaser involved in the closing other than the provision of real estate settlement services.

SB62,346,25 (b) "Foreclosed homeowner" means an owner of a residence in foreclosure.

SB62,347,4 (c) "Foreclosure purchaser" means a person that has acted as the acquirer in a foreclosure reconveyance. "Foreclosure purchaser" also includes a person that has acted in joint venture or joint enterprise with one or more acquirers in a foreclosure reconveyance. "Foreclosure purchaser" does not include any of the following:

SB62,347,7 1. A natural person who shows that he or she is not in the business of foreclosure purchasing and who has a prior personal relationship with the foreclosed homeowner.

SB62,347,9 2. A federal or state chartered bank, savings bank, savings and loan association, or credit union.

SB62,347,11 (d) "Foreclosure reconveyance" means a transaction involving all of the following:

SB62,347,15 1. The transfer of title to real property by a foreclosed homeowner during a foreclosure proceeding, either by a transfer of interest from the foreclosed homeowner or by the creation of a mortgage or other lien or encumbrance during the foreclosure process.

SB62,347,20 2. The subsequent conveyance, or promise of a subsequent conveyance, of an interest back to the foreclosed homeowner by the acquirer or a person acting in participation with the acquirer that allows the foreclosed homeowner to possess either the residence in foreclosure or other real property, which interest includes an interest in a land contract, purchase agreement, option to purchase, or lease.

SB62,347,23 (e) "Primary housing expenses" means the sum of payments for regular principal, interest, rent, utilities, fire and casualty insurance, real estate taxes, and association dues.

SB62,347,25 (f) "Resale" means a bona fide market sale of the property subject to the foreclosure reconveyance by the foreclosure purchaser to an unaffiliated 3rd party.

SB62,348,1 (g) "Resale price" means the gross sale price of the property on resale.

SB62,348,7 (h) "Residence in foreclosure" means residential real property located in this state that consists of one to 4 family dwelling units and with respect to which real property there is a delinquency or default on any loan payment or debt secured by or attached to the residential real property, including land contract payments. The owner of the residential real property may, but is not required to, occupy the residential real property as the owner's principal place of residence.

SB62,348,15 (2) Contract requirement; form and language. A foreclosure purchaser that enters into any foreclosure reconveyance shall do so by a written contract. Every contract must be written in letters of not less than 12-point boldface type, both in English and in the same language principally used by the foreclosure purchaser and foreclosed homeowner to negotiate the sale of the residence in foreclosure if other than English, and must be fully completed, signed, and dated by the foreclosed homeowner and foreclosure purchaser before the execution of any instrument of conveyance of the residence in foreclosure.

SB62,348,17 (3) Contract terms. (a) Every contract required by sub. (2) must contain the entire agreement of the parties and must include all of the following terms:

SB62,348,19 1. The name, business address, and telephone number of the foreclosure purchaser.

SB62,348,20 2. The address of the residence in foreclosure.

SB62,348,22 3. The total consideration to be given by the foreclosure purchaser in connection with or incident to the sale.

SB62,348,25 4. A complete description of the terms of payment or other consideration, including any services of any nature that the foreclosure purchaser represents he or she will perform for the foreclosed homeowner before or after the sale.

SB62,349,2 5. The time at which possession is to be transferred to the foreclosure purchaser.

SB62,349,5 6. A complete description of the terms of any related agreement designed to allow the foreclosed homeowner to remain in possession of the home, such as a rental agreement, repurchase agreement, land contract, or lease with option to purchase.

SB62,349,7 7. The time for determining the fair market value of the property, as provided under sub. (8) (b) 2. b.

SB62,349,8 8. A notice of cancellation as provided in sub. (5) (b).

SB62,349,12 9. Immediately above the statement required by sub. (5) (a), in not less than 14-point boldface type if the contract is printed or in capital letters if the contract is typed, and completed with the name of the foreclosure purchaser, the following notice:

SB62,349,13 NOTICE REQUIRED BY WISCONSIN LAW

SB62,349,16 Until your right to cancel this contract has ended, .... (Name of foreclosure purchaser) or anyone working for .... (Name of foreclosure purchaser) CANNOT ask you to sign or have you sign any deed or any other document.

SB62,349,19 (b) The contract required by this subsection survives delivery of any instrument of conveyance of the residence in foreclosure and has no effect on persons other than the parties to the contract.