LRBs0104/1

PJK/ARG/PJH:all:jf

2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 179

September 5, 2013 - Offered by Senators Lasee, Olsen and Schultz.

SB179-SSA1,2,5 An Act to repeal 704.28 (4) (d), 799.45 (3) (am) 1., 799.45 (3) (am) 2., 799.45 (3) (am) 3., 799.45 (3) (am) 4., 799.45 (3) (am) 5., 799.45 (3) (am) 6. and 799.45 (3) (am) 7.; to renumber and amend 66.0104 (3), 349.13 (3m), 704.16 (3) (a) and 799.45 (3) (am) (intro.); to amend 349.13 (5) (b) 2., 349.13 (5) (c), 704.05 (5) (a) 1., 704.05 (5) (b) 2. (intro.), 704.05 (5) (bf), 704.07 (3) (a), 704.08, 704.16 (3) (b) 1., 704.28 (2), 704.28 (4) (b), 704.28 (4) (c), 704.44 (9), 704.95, 799.05 (3) (b), 799.06 (2), 799.12 (2), 799.12 (3), 799.20 (4), 799.206 (3), 799.40 (1), 799.40 (1m), 799.42, 799.44 (1), 799.44 (2), 799.45 (title), 799.45 (1), 799.45 (2) (b), 799.45 (2) (bg), 799.45 (2) (c), 799.45 (3) (title), 799.45 (3) (a), 799.45 (3) (b), 799.45 (3) (c) and 799.45 (4); and to create 66.0104 (2) (c), 66.0104 (2) (d), 66.0104 (3) (b), 349.13 (3m) (a), (c), (d), (dg), (dm), (dr) and (e), 704.14, 704.16 (3) (a) 1., 704.16 (3) (a) 2., 704.16 (3) (a) 3., 704.28 (5), 704.44 (10), 710.15 (5t) and 895.489 of the statutes; relating to: miscellaneous provisions related to rental and vehicle towing practices and eviction proceedings, prohibitions on enacting ordinances that place certain limitations or requirements on landlords, terminating the tenancy of an offending tenant in a manufactured or mobile home community, providing an exemption from emergency rule procedures, granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB179-SSA1,1 Section 1. 66.0104 (2) (c) of the statutes is created to read:

SB179-SSA1,2,12 66.0104 (2) (c) No city, village, town, or county may enact an ordinance that limits a residential tenant's responsibility, or a residential landlord's right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant's occupancy of the premises, or for any other costs, expenses, fees, payments, or damages for which the tenant is responsible under the rental agreement or applicable law.

SB179-SSA1,2 Section 2. 66.0104 (2) (d) of the statutes is created to read:

SB179-SSA1,2,16 66.0104 (2) (d) 1. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to tenants any information that is not required to be communicated to tenants under federal or state law.

SB179-SSA1,2,19 2. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to the city, village, town, or county any information concerning the landlord, unless any of the following applies:

SB179-SSA1,2,20 a. The information is required under federal or state law.

SB179-SSA1,2,21 b. The information is required of all residential real property owners.

SB179-SSA1,2,23 c. The information is solely information that will enable a person to contact the owner or, at the option of the owner, an agent of the owner.

SB179-SSA1,3 Section 3. 66.0104 (3) of the statutes is renumbered 66.0104 (3) (a) and amended to read:

SB179-SSA1,3,5 66.0104 (3) (a) If a city, village, town, or county has in effect on December 21, 2011, an ordinance that is inconsistent with sub. (2) (a) or (b), the ordinance does not apply and may not be enforced.

SB179-SSA1,4 Section 4. 66.0104 (3) (b) of the statutes is created to read:

SB179-SSA1,3,9 66.0104 (3) (b) If a city, village, town, or county has in effect on the effective date of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub. (2) (c) or (d), the ordinance does not apply and may not be enforced.

SB179-SSA1,5 Section 5. 349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and amended to read: