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Bills · 2011-2012 Regular Session

SB 466

Became law Official bill text Atom feed

miscellaneous landlord-tenant provisions and prohibiting a local government from imposing a moratorium on eviction actions.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill makes a number of changes to current law relating to landlord-tenant

relations, including the following:

1. Current law provides that, if a tenant leaves behind personal property after

moving out of the rental premises, the landlord may store the property without a lien

and return it to the tenant; store the property with a lien for the cost of storage and

give the tenant notice of the storage within ten days after the charges begin; or give

the tenant notice that after 30 days the landlord intends to dispose of the property

by sale or other appropriate means. If the landlord disposes of the property by sale,

the landlord may deduct the costs of sale from the proceeds. The tenant has 60 days

after the date of the sale to claim the remaining proceeds, and any proceeds not

claimed by the tenant must be sent to the Department of Administration (DOA) to

be used for providing grants to agencies and shelter facilities for the homeless.

Current law allows the tenant or any person with a security interest in the property

to redeem the property before the landlord disposes of it or enters into a contract for

its disposal by paying the landlord's costs for removal, storage, disposition, and

arranging for the sale, of the property.

The bill eliminates the procedures under current law for disposing of personal

property that a tenant leaves behind and provides that, in the absence of a written

agreement to the contrary between the landlord and tenant, the landlord may

presume that the personal property has been abandoned and may dispose of it in any

manner that the landlord determines is appropriate. The tenant is responsible for

any costs that the landlord incurs with respect to the property's disposal. If the

landlord sells the property, the landlord may send the proceeds, minus any costs of

sale and storage, to DOA for use in providing grants to homeless shelters. As under

current law, the tenant or a secured party, however, may redeem the property before

the landlord disposes of the property, or enters into a contract for its disposal, by

paying all charges that the landlord has incurred with respect to the disposal.

2. Currently, what a landlord may deduct from a tenant's security deposit when

the tenant vacates the premises is specified, not in the statutes, but in the Wisconsin

Administrative Code (Code). The bill incorporates the Code provisions into the

statutes and thus provides that a landlord may deduct amounts from a security

deposit for tenant damage to the premises, unpaid rent, unpaid utility services for

which the tenant was responsible, any unpaid monthly municipal permit fees, and

any other reason provided in a nonstandard rental provision to which the tenant has

agreed. A landlord specifically may not deduct amounts from a security deposit for

normal wear and tear.

The bill also provides that, if a tenant removes from the premises before the end

of his or her lease term, the landlord must return the tenant's security deposit within

21 days after the end of the lease term or, if the landlord rerents the premises before

the end of that lease term, within 21 days after the new tenant's tenancy begins.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Lasee (R)

4 cosponsors

Jacque (R) , Litjens (R) , Pridemore (R) , Stroebel (R)

Votes

Senate: Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Insurance and Housing, Ayes 6, Noes 1

Passed 6–1 Mar 9, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 4 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 5 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 6 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 7 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate substitute amendment 1 adopted, Ayes 17, Noes 16

Passed 17–16 Mar 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Passed, Ayes 17, Noes 16

Passed 17–16 Mar 14, 2012 official source full page

Senate: Refused to reconsider vote by which bill was passed, Ayes 16, Noes 17

Failed 16–17 Mar 14, 2012 official source full page

Assembly: Read a third time and concurred in, Ayes 48, Noes 32, Paired 4

Passed 48–32 Mar 15, 2012 official source full page

Aye · 48

Assembly: Assembly amendment 1 laid on table, Ayes 50, Noes 32

Passed 50–32 Mar 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 2 laid on table, Ayes 50, Noes 32

Passed 50–32 Mar 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 3 laid on table, Ayes 50, Noes 32

Passed 50–32 Mar 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 4 laid on table, Ayes 50, Noes 32

Passed 50–32 Mar 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 5 laid on table, Ayes 50, Noes 32

Passed 50–32 Mar 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Feb 13, 2012 · Senate

    Introduced by Senator Lasee;Cosponsored by Representatives Stroebel, Jacque, Litjens and Pridemore

  2. Feb 13, 2012 · Senate

    Read first time and referred to committee on Insurance and Housing

  3. Feb 15, 2012 · Senate

    Public hearing held

  4. Feb 15, 2012 · Senate

    Fiscal estimate received

  5. Feb 27, 2012 · Senate

    Fiscal estimate received

  6. Feb 29, 2012 · Senate

    Senate substitute amendment 1 offered by Senator Lasee

  7. Mar 1, 2012 · Senate

    LRB correction

  8. Mar 6, 2012 · Senate

    Senate amendment 1 to Senate substitute amendment 1 offered by Senator Wanggaard

  9. Mar 9, 2012 · Senate

    Report passage as amended recommended by committee on Insurance and Housing, Ayes 4, Noes 3

  10. Mar 9, 2012 · Senate

    Available for scheduling

  11. Mar 9, 2012 · Senate

    Report adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Insurance and Housing, Ayes 6, Noes 1

  12. Mar 9, 2012 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Insurance and Housing, Ayes 5, Noes 2

  13. Mar 12, 2012 · Senate

    Senate amendment 2 to Senate substitute amendment 1 offered by Senator Lasee

  14. Mar 12, 2012 · Senate

    Placed on calendar 3-13-2012 pursuant to Senate Rule 18(1)

  15. Mar 13, 2012 · Senate

    Read a second time

  16. Mar 13, 2012 · Senate

    Placed at the foot of the calendar of 03-13-2012

  17. Mar 13, 2012 · Senate

    Senate amendment 1 to Senate substitute amendment 1 adopted

  18. Mar 13, 2012 · Senate

    Senate amendment 2 to Senate substitute amendment 1 adopted

  19. Mar 13, 2012 · Senate

    Senate amendment 3 to Senate substitute amendment 1 offered by Senators C. Larson, Taylor, Erpenbach, Miller, Risser, S. Coggs, T. Cullen and King

  20. Mar 13, 2012 · Senate

    Senate amendment 3 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  21. Mar 13, 2012 · Senate

    Senate amendment 4 to Senate substitute amendment 1 offered by Senators C. Larson, Vinehout, Taylor, Erpenbach, Miller, Risser, S. Coggs, T. Cullen and King

  22. Mar 13, 2012 · Senate

    Senate amendment 4 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  23. Mar 13, 2012 · Senate

    Senate amendment 5 to Senate substitute amendment 1 offered by Senators Taylor, Vinehout, King, T. Cullen, S. Coggs, Wirch, Risser and Miller

  24. Mar 13, 2012 · Senate

    Senate amendment 5 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  25. Mar 13, 2012 · Senate

    Senate amendment 6 to Senate substitute amendment 1 offered by Senators Taylor, Vinehout, King and S. Coggs

  26. Mar 13, 2012 · Senate

    Senate amendment 6 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  27. Mar 13, 2012 · Senate

    Senate amendment 7 to Senate substitute amendment 1 offered by Senators Taylor, Vinehout, C. Larson, King, T. Cullen and Miller

  28. Mar 13, 2012 · Senate

    Senate amendment 7 to Senate substitute amendment 1 laid on table, Ayes 17, Noes 16

  29. Mar 13, 2012 · Senate

    Senate amendment 8 to Senate substitute amendment 1 offered by Senators Taylor, S. Coggs, T. Cullen, King, C. Larson and Vinehout

  30. Mar 13, 2012 · Senate

    Senate amendment 8 to Senate substitute amendment 1 withdrawn and returned to author

  31. Mar 13, 2012 · Senate

    Senate substitute amendment 1 adopted, Ayes 17, Noes 16

  32. Mar 13, 2012 · Senate

    Ordered to a third reading

  33. Mar 14, 2012 · Senate

    Read a third time

  34. Mar 14, 2012 · Senate

    Passed, Ayes 17, Noes 16

  35. Mar 14, 2012 · Senate

    Refused to reconsider vote by which bill was passed, Ayes 16, Noes 17

  36. Mar 14, 2012 · Senate

    Messaged

  37. Mar 15, 2012 · Assembly

    Received from Senate

  38. Mar 15, 2012 · Assembly

    Read first time and referred to committee on Rules

  39. Mar 15, 2012 · Assembly

    Assembly amendment 1 offered by Representative Hebl

  40. Mar 15, 2012 · Assembly

    Assembly amendment 2 offered by Representative Hebl

  41. Mar 15, 2012 · Assembly

    Assembly amendment 3 offered by Representative Hebl

  42. Mar 15, 2012 · Assembly

    Assembly amendment 4 offered by Representative Hebl

  43. Mar 15, 2012 · Assembly

    Assembly amendment 5 offered by Representative Hebl

  44. Mar 15, 2012 · Assembly

    Made a special order of business at 11:03 P.M. on 3-15-2012 pursuant to Assembly Resolution 25

  45. Mar 15, 2012 · Assembly

    Read a second time

  46. Mar 15, 2012 · Assembly

    Assembly amendment 1 laid on table, Ayes 50, Noes 32

  47. Mar 15, 2012 · Assembly

    Assembly amendment 2 laid on table, Ayes 50, Noes 32

  48. Mar 15, 2012 · Assembly

    Assembly amendment 3 laid on table, Ayes 50, Noes 32

  49. Mar 15, 2012 · Assembly

    Assembly amendment 4 laid on table, Ayes 50, Noes 32

  50. Mar 15, 2012 · Assembly

    Assembly amendment 5 laid on table, Ayes 50, Noes 32

  51. Mar 15, 2012 · Assembly

    Ordered to a third reading

  52. Mar 15, 2012 · Assembly

    Rules suspended

  53. Mar 15, 2012 · Assembly

    Read a third time and concurred in, Ayes 48, Noes 32, Paired 4

  54. Mar 15, 2012 · Assembly

    Ordered immediately messaged

  55. Mar 19, 2012 · Senate

    Received from Assembly concurred in

  56. Mar 20, 2012 · Senate

    Report correctly enrolled on 3-20-2012

  57. Mar 20, 2012 · Senate

    Presented to the Governor on 3-20-2012

  58. Mar 22, 2012 · Senate

    Report approved by the Governor on 3-21-2012. 2011 Wisconsin Act 143

  59. Mar 23, 2012 · Senate

    Published 4-4-2012