2013 WISCONSIN ACT
76
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:
Section
1
.
66.0104 (2) (c) of the statutes is created to read:
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.
Section
2
.
66.0104 (2) (d) of the statutes is created to read:
66.0104
(2)
(d) 1. a. 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.
b. Subdivision 1. a. does not apply to an ordinance that has a reasonable and clearly defined objective of regulating the manufacture of illegal narcotics.
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 or a tenant, unless any of the following applies:
a. The information is required under federal or state law.
b. The information is required of all residential real property owners.
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.
Section
3
.
66.0104 (3) of the statutes is renumbered 66.0104 (3) (a) and amended to read:
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.
Section
4
.
66.0104 (3) (b) of the statutes is created to read:
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.
Section
5
.
349.13 (3m) of the statutes is renumbered 349.13 (3m) (b) and amended to read:
349.13
(3m)
(b)
No
Subject to par. (dr) 1., 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
.
Section
6
.
349.13 (3m) (a), (c), (d), (dg), (dm), (dr) and (e) of the statutes are created to read:
349.13
(3m)
(a) In this subsection:
1. "Parking enforcer" has the meaning given in s. 341.65 (1) (ar).
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.
(c) Subject to par. (dr) 1., 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.
(d) 1. Subject to par. (dr), 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.
2. Before any vehicle is removed under par. (b) or (c) by a towing service, the towing service shall notify a local law enforcement agency of the make, model, vehicle identification number, and registration plate number of the vehicle and the location to which the vehicle will be removed.
3. Subject to par. (dr) 2., if a vehicle is removed under par. (b) or (c) by a towing service, the vehicle owner shall pay the reasonable charges for removal and, if applicable, storage of the vehicle, as well as any service fee imposed under par. (dm). Subject to par. (dr) 2., 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.
(dg) Every law enforcement agency shall maintain a record of each notice received under par. (d) 2., as well as identification of the towing service removing the vehicle.
(dm) If requested by the municipality in which the removed vehicle was illegally parked, the towing service shall charge the vehicle owner a service fee not exceeding $35 and shall remit this service fee to the municipality. All service fees collected by a towing service under this paragraph may be aggregated and forwarded together, on a monthly basis, to each applicable municipality.
(dr) 1. A towing service may not remove a vehicle under this subsection if the vehicle has been reported to a law enforcement agency as stolen.
2. A towing service may not collect any charges for the removal or storage of an illegally parked vehicle under this subsection if the towing service has not complied with par. (d) 2. with respect to the vehicle.
(e) The department shall promulgate rules establishing all of the following:
1. Reasonable charges for removal and storage of vehicles under this subsection.
2. The form and manner of display of notice necessary to qualify as "properly posted" under par. (a) 2.
3. Guidelines for towing services to notify law enforcement under par. (d) upon removal of a vehicle.
Section
7
.
349.13 (5) (b) 2. of the statutes is amended to read:
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.
Section
8
.
349.13 (5) (c) of the statutes is amended to read:
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.
Section
9
.
704.05 (5) (a) 1. of the statutes is amended to read:
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.
Section
10
.
704.05 (5) (b) 2. (intro.) of the statutes is amended to read:
704.05
(5)
(b) 2. (intro.) If the
abandoned
tenant removes from or is evicted from the premises and leaves behind
personal property
that
is a manufactured home, mobile home, or titled vehicle, before disposing of the abandoned property the landlord shall give notice of the landlord's intent to dispose of the property by sale or other appropriate means to all of the following:
Section
11
.
704.05 (5) (bf) of the statutes is amended to read:
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
,
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)
.
Section
12
.
704.07 (3) (a) of the statutes is amended to read:
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.
Section
13
.
704.08 of the statutes is amended to read:
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.
Section
14
.
704.14 of the statutes is created to read:
704.14
Notice of domestic abuse protections.
A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement:
NOTICE OF DOMESTIC ABUSE PROTECTIONS
(1)
As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:
(a) A person who was not the tenant's invited guest.
(b) A person who was the tenant's invited guest, but the tenant has done either of the following:
1. Sought an injunction barring the person from the premises.
2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.
(2)
A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.
(3)
A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.
Section
15
.
704.16 (3) (a) of the statutes is renumbered 704.16 (3) (a) (intro.) and amended to read:
704.16
(3)
(a) (intro.) In this subsection
, "offending
:
4. "Offending
tenant" is a tenant whose tenancy is being terminated under this subsection.
Section
16
.
704.16 (3) (a) 1. of the statutes is created to read:
704.16
(3)
(a) 1. "Community" has the meaning given in s. 710.15 (1) (ad).
Section
17
.
704.16 (3) (a) 2. of the statutes is created to read:
704.16
(3)
(a) 2. "Manufactured home" has the meaning given in s. 101.91 (2).
Section
18
.
704.16 (3) (a) 3. of the statutes is created to read:
704.16
(3)
(a) 3. "Mobile home" has the meaning given in s. 710.15 (1) (b).
Section
19
.
704.16 (3) (b) 1. of the statutes is amended to read:
704.16
(3)
(b) 1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multiunit dwelling, or apartment complex
, or a manufactured home or mobile home in the same community,
as the offending tenant to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.
Section
20
.
704.28 (2) of the statutes is amended to read:
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.
Section
21
.
704.28 (4) (b) of the statutes is amended to read:
704.28
(4)
(b) If the tenant vacates the premises
or is evicted
before the termination date of the rental agreement, 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.
Section
22
.
704.28 (4) (c) of the statutes is amended to read:
704.28
(4)
(c) If the tenant vacates the premises
or is evicted
after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises
or has been removed from the premises under s. 799.45 (2)
.
Section
23
.
704.28 (4) (d) of the statutes is repealed.
Section
24
.
704.28 (5) of the statutes is created to read:
704.28
(5)
Application to residential tenancies.
This section applies to residential tenancies only.
Section
25
.
704.44 (9) of the statutes is amended to read:
704.44
(9)
Allows the landlord to terminate the tenancy of a tenant
if a crime is committed
based solely on the commission of a crime
in or on the rental property
, even if the tenant could not reasonably have prevented the
if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that
crime.
Section
26
.
704.44 (10) of the statutes is created to read:
704.44
(10)
Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.
Section
27
.
704.95 of the statutes is amended to read:
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.
Section
28
.
710.15 (5t) of the statutes is created to read:
710.15
(5t)
Termination of tenancy for threat of serious harm.
Notwithstanding sub. (5m), nothing in this section prevents termination of a tenancy because of an imminent threat of serious physical harm, as provided in s. 704.16.
Section
29
.
799.05 (3) (b) of the statutes is amended to read:
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
25
days from the issue date, and service shall be made not less than 5 days prior to the return date.
Section
30
.
799.06 (2) of the statutes is amended to read:
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, as defined in s. 183.0102 (15), agent, 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.
Section
31
.
799.12 (2) of the statutes is amended to read:
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.
Section
32
.
799.12 (3) of the statutes is amended to read:
799.12
(3)
If authorized by court rule under sub. (2), service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed in s. 814.62 (4). The court
may by rule
shall
require the use of certified mail with return receipt requested
, in which event
for all eviction cases for which service by mail is authorized under sub. (2), and for all other cases may by rule require the use of certified mail with return receipt requested. Whenever the use of certified mail is required,
the additional fee prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a copy to each defendant at the last-known address as specified in the summons. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. All mailing of summonses shall be done in envelopes upon which the clerk's return address appears, with a request to return to that address. Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.
Section
33
.
799.20 (4) of the statutes is amended to read:
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 a residential eviction action, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 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.
Section
34
.
799.206 (3) of the statutes is amended to read:
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 30 days after the return date
.
Section
35
.
799.40 (1) of the statutes is amended to read:
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.
Section
36
.
799.40 (1m) of the statutes is amended to read:
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
.
Section
37
.
799.42 of the statutes is amended to read:
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)
, (2), or (3)
.
Section
38
.
799.44 (1) of the statutes is amended to read:
799.44
(1)
Order for judgment.
In an eviction action, if the court finds that the plaintiff is entitled to possession, the
court shall immediately enter an
order for judgment
shall be
for the restitution of the premises to the plaintiff
and, if
. If
an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon,
the court shall enter judgment
for such other relief as the court orders. Judgment shall be entered accordingly as provided in s. 799.24.
Section
39
.
799.44 (2) of the statutes is amended to read:
799.44
(2)
Writ of restitution.
At the time of ordering judgment for the restitution of premises, the court shall
immediately
order that a writ of restitution be issued, and the writ may be 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.
Section
40
.
799.45 (title) of the statutes is amended to read:
799.45
(title)
Execution of writ of restitution
; disposal of personal property
.
Section
41
.
799.45 (1) of the statutes is amended to read:
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).
Section
42
.
799.45 (2) (b) of the statutes is amended to read:
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.
Section
43
.
799.45 (2) (bg) of the statutes is amended to read:
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.
Section
44
.
799.45 (2) (c) of the statutes is amended to read:
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)
.
Section
45
.
799.45 (3) (title) of the statutes is amended to read:
799.45
(3)
(title)
Manner of removal and disposition of removed goods
by sheriff
.
Section
46
.
799.45 (3) (a) of the statutes is amended to read:
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.
Section
47
.
799.45 (3) (am) (intro.) of the statutes is renumbered 799.45 (3m) and amended to read:
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 (5)
. 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:
Section
48
.
799.45 (3) (am) 1. of the statutes is repealed.
Section
49
.
799.45 (3) (am) 2. of the statutes is repealed.
Section
50
.
799.45 (3) (am) 3. of the statutes is repealed.
Section
51
.
799.45 (3) (am) 4. of the statutes is repealed.
Section
52
.
799.45 (3) (am) 5. of the statutes is repealed.
Section
53
.
799.45 (3) (am) 6. of the statutes is repealed.
Section
54
.
799.45 (3) (am) 7. of the statutes is repealed.
Section
55
.
799.45 (3) (b) of the statutes is amended to read:
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.
Section
56
.
799.45 (3) (c) of the statutes is amended to read:
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.
Section
57
.
799.45 (4) of the statutes is amended to read:
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.
Section
58
.
895.489 of the statutes is created to read:
895.489
Civil liability exemption; tenancy references.
(1)
In this section:
(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.
(b) "Tenant" means a residential tenant, regardless of the type of tenancy or rental period.
(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.
Section
59
.
0
Nonstatutory provisions.
(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.
(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.
Section
60
.
Initial applicability.
(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.
(2)
Notice regarding nonstorage of property.
The treatment of section 704.05 (5) (bf) of the statutes first applies to personal property left behind by a tenant under a rental agreement that is renewed on the effective date of this subsection.
(3)
Return of security deposit after eviction.
The treatment of section 704.28 (4) (b), (c), and (d) of the statutes first applies to eviction actions that are commenced on the effective date of this subsection.
(4)
Applicability of security deposit provisions.
The treatment of sections 704.28 (5) of the statutes first applies to tenancies that are in effect on the effective date of this subsection.
(5)
Void rental agreement.
The treatment of section 704.44 (9) and (10) of the statutes first applies to rental agreements that are entered into or renewed on the effective date of this subsection.
(6)
Violations that constitute unfair trade practices.
The treatment of section 704.95 of the statutes first applies to violations that occur on the effective date of this subsection.
(7)
Termination of tenancy in manufactured or mobile home community.
The treatment of sections 704.16 (3) (b) 1. and 710.15 (5t) of the statutes, the renumbering and amendment of section 704.16 (3) (a) of the statutes, and the creation of section 704.16 (3) (a) 1., 2., and 3. of the statutes first apply to acts causing an imminent threat of serious physical harm committed on the effective date of this subsection.
(8)
Eviction actions.
The treatment of sections 704.05 (5) (a) 1., 799.05 (3) (b), 799.06 (2), 799.12 (2), 799.20 (4), 799.206 (3), 799.40 (1) and (1m), 799.42, and 799.44 (2), and 799.45 (title), (1), (2) (b), (bg), and (c), (3) (title), (a), (am) (intro.), 1., 2., 3., 4., 5., 6., and 7., (b), and (c), and (4) of the statutes first applies to eviction actions that are filed on the effective date of this subsection.
(9)
References provided by landlords.
The treatment of section 895.489 of the statutes first applies to references provided on the effective date of this subsection.
(10)
Notice of protections in rental agreements.
The treatment of section 704.14 of the statutes first applies to rental agreements that are entered into or renewed on the effective date of this subsection.
Section
61
.
Effective dates.
This act takes effect on the first day of the 3rd month beginning after publication, except as follows:
(1)
The treatment of section 349.13 (5) (b) 2. and (c) of the statutes, the renumbering and amendment of section 349.13 (3m) of the statutes, and the creation of section 349.13 (3m) (a), (c), (d), (dg), (dm), (dr), and (e) of the statutes take effect on the the first day of the 7th month beginning after publication.
(2)
Section
59 (1
) and (2) of this act takes effect on the day after publication.
