AB962, s. 2 2Section 2. 77.22 (2) (d) of the statutes is repealed.
AB962, s. 3 3Section 3. 101.122 (3) (c) of the statutes is created to read:
AB962,3,64 101.122 (3) (c) Enforce stipulations entered into under sub. (4) (c) before the
5effective date of this paragraph .... [revisor inserts date], by use of the citation
6procedure under sub. (8).
AB962, s. 4 7Section 4. 101.122 (4) (a) of the statutes is amended to read:
AB962,3,138 101.122 (4) (a) The rules adopted under sub. (2) (a) shall take effect on the first
9day of the 24th month after adoption of the rules. After the rules take effect, except
10as provided under pars. (b) and (c) and sub. (9), no owner may transfer a rental unit
11unless, within the previous 5 years, an inspector has inspected the unit and has
12issued a certificate stating that the unit satisfies applicable standards under sub. (2)
13(a) 1. or 2.
AB962, s. 5 14Section 5. 101.122 (6) of the statutes is repealed.
AB962, s. 6 15Section 6. 101.122 (6r) of the statutes is repealed.
AB962, s. 7 16Section 7. 101.122 (7) (d) of the statutes is amended to read:
AB962,4,7
1101.122 (7) (d) Stipulation. Any person who fails to comply with the
2requirements of a stipulation under sub. (4) (c) may be issued a citation under sub.
3(8) and
required to forfeit not more than $500 per dwelling unit. A person may be
4charged with multiple violations under this paragraph if each violation covers a
5period of at least 90 consecutive days of continued failure to comply, if there is no
6overlap between periods and if each period begins after the date by which a rental
7unit was to have been brought into compliance.
AB962, s. 8 8Section 8. 101.122 (8) of the statutes is created to read:
AB962,4,159 101.122 (8) Citation procedure. (a) 1. If a person fails to bring a rental unit
10covered by a stipulation under sub. (4) (c) into compliance with the requirements of
11the stipulation by the date specified in the stipulation, the department or the city,
12village or town which entered into the stipulation with the person may, anytime after
13the first day of the 13th month beginning after the date of the transfer of the rental
14unit, proceed under this subsection to recover a forfeiture, penalty assessment and
15jail assessment under sub. (7) (d).
AB962,4,1816 2. All actions to recover a forfeiture, penalty assessment and jail assessment
17under this subsection are civil actions in the name of the state of Wisconsin and shall
18be heard in the circuit court for the county where the rental unit is located.
AB962,4,2019 (b) The form of a citation issued under this subsection shall provide for the
20following:
AB962,4,2121 1. The name and address of the alleged violator.
AB962,4,2222 2. The name and department of the issuing department deputy or official.
AB962,5,423 3. The location, including the street address, of the rental unit to which the
24stipulation under sub. (4) (c) applies, the date by which the rental unit covered by the
25requirements of the stipulation was to have been brought into compliance, a

1statement that the alleged violator has failed to bring the rental unit into
2compliance, the statute or administrative rule violated and a description of the
3failure to comply with the stipulation in language which can be readily understood
4by a person making a reasonable effort to do so.
AB962,5,65 4. The maximum forfeiture, penalty assessment and jail assessment for which
6the alleged violator might be found liable.
AB962,5,77 5. A date, time and place for the court appearance, and a notice to appear.
AB962,5,88 6. Provisions for deposit and stipulation in lieu of a court appearance.
AB962,5,189 7. Notice that if the alleged violator makes a deposit and fails to appear in court
10at the time fixed in the citation, the alleged violator will be considered to have
11tendered a plea of no contest and submitted to a forfeiture, penalty assessment and
12jail assessment plus costs, including any applicable fees prescribed in ch. 814, not to
13exceed the amount of the deposit. The notice shall also state that the court may
14decide to summon the alleged violator rather than accept the deposit and plea, that
15making a deposit obligates the alleged violator to bring the rental unit into
16compliance with the requirements of the stipulation under sub. (4) (c) and that
17continued failure to bring the rental unit into compliance may result in the issuance
18of additional citations.
AB962,6,519 8. Notice that if the alleged violator makes a deposit and signs the citation, the
20alleged violator will be considered to have tendered a plea of no contest and
21submitted to a forfeiture, penalty assessment and jail assessment plus costs,
22including any applicable fees prescribed in ch. 814, not to exceed the amount of the
23deposit. The notice shall also state that the court may decide to summon the alleged
24violator rather than accept the deposit and signed citation, that the alleged violator
25may, at any time before or at the time of the court appearance date, move the court

1for relief from the effects of signing the citation, that making a deposit and signing
2the citation obligates the alleged violator to bring the building into compliance with
3the requirements of the stipulation under sub. (4) (c) and that continued failure to
4bring the rental unit into compliance may result in the issuance of additional
5citations.
AB962,6,76 9. Notice that the alleged violator may, either in person or by certified mail,
7enter a plea of not guilty and request a trial.
AB962,6,108 10. Notice that if the alleged violator does not make a deposit and fails to appear
9in court at the time fixed in the citation, the court may issue a summons or an arrest
10warrant.
AB962,6,1411 11. Notice that if the alleged violator completes any work necessary to comply
12with the requirements of the stipulation under sub. (4) (c) the department or the city,
13village or town may request the court to reduce the amount of or waive the requested
14forfeiture.
AB962,6,1515 12. Any other pertinent information.
AB962,6,1816 (c) 1. If a court requires an alleged violator to be summoned under pars. (i) and
17(j), the summons shall be in the form specified under subd. 2. and shall be
18accompanied by a complaint in the form specified in subd. 3.
AB962,6,1919 2. A summons shall contain all of the following:
AB962,6,2120 a. The title of the cause, specifying the name of the court and county in which
21the action is brought and the names of all parties to the action.
AB962,6,2422 b. A direction summoning and requiring the alleged violator to appear in a
23specified court on a particular date not less than 10 days following service of the
24summons to answer the accompanying complaint.
AB962,7,3
1c. A notice that in case of failure to appear, judgment may be rendered against
2the alleged violator according to the demand of the complaint, or the court may issue
3a warrant for the alleged violator's arrest.
AB962,7,74 3. A complaint shall contain sufficient information to provide probable cause
5to believe that the alleged violator has not complied with the requirements of a
6stipulation under sub. (4) (c). The complaint shall accompany the summons and shall
7contain the information set forth in par. (b) 1. and 2. and all of the following:
AB962,7,98 a. The title of the cause, specifying the name of the court and county in which
9the action is brought and the names and addresses of the parties to the action.
AB962,7,1510 b. A plain and concise statement of the alleged violator's failure to comply with
11the requirements of a stipulation under sub. (4) (c) and showing that the plaintiff is
12entitled to relief, the statute upon which the cause of action is based and a demand
13for a forfeiture, the amount of which shall not exceed the maximum set by the statute
14involved, a penalty assessment, a jail assessment and any other relief that is sought
15by the plaintiff.
AB962,7,1716 c. In an action against a corporation the complaint must state that the alleged
17violator is a corporation and state whether it is a domestic or foreign corporation.
AB962,7,2318 (d) A department deputy or the city, village or town official who signed the
19stipulation under sub. (4) (c) or his or her successor may issue a citation under this
20subsection. A citation shall be issued or served anywhere in the state by delivering
21a copy to the defendant personally, by leaving a copy at the alleged violator's usual
22place of abode with a person of discretion residing there or by mailing a copy to the
23defendant's last-known address.
AB962,8,424 (e) The issuance of a citation by a person authorized to do so under par. (d) is
25adequate process to give the appropriate court jurisdiction over the alleged violator

1and the subject matter of the offense for the purpose of receiving cash deposits, if
2directed to do so, and for the purposes of pars. (h) and (i). Issuance and filing of a
3citation does not constitute commencement of an action. Issuance of a citation does
4not violate s. 946.68.
AB962,8,95 (f) 1. A person who receives a citation under this subsection may make a deposit
6by mailing a copy of the citation and the amount of money specified by the
7department deputy or other issuing official to the office of the clerk of courts in the
8county where the offense allegedly occurred, or by going to the office of the clerk of
9courts, the department, or the city, village or town official who issued the citation.
AB962,8,1510 2. The basic amount of a deposit under subd. 1. shall be determined in
11accordance with a deposit schedule that the department shall establish. Each year
12the department shall review the schedule and may, after the review, revise the
13schedule. In addition to the basic amount determined according to the schedule, the
14deposit shall include court costs, including any applicable fees prescribed in ch. 814,
15and the applicable penalty assessment and jail assessment.
AB962,8,1816 3. The person receiving a deposit under subd. 1. may allow the alleged violator
17to submit a check, share draft or other draft for the amount of the deposit or make
18the deposit by use of a credit card.
AB962,9,219 4. The person receiving a deposit under subd. 1. shall prepare a receipt in
20triplicate showing the purpose for which the deposit is made, stating that the alleged
21violator may inquire at the office of the clerk of court regarding the disposition of the
22deposit, and notifying the alleged violator that if he or she fails to appear in court at
23the time fixed in the citation he or she will be considered to have tendered a plea of
24no contest and submitted to a forfeiture, penalty assessment and jail assessment
25plus costs, including any applicable fees prescribed in ch. 814, not to exceed the

1amount of the deposit and that the court may accept the plea and deposit. The
2original receipt shall be delivered to the alleged violator in person or by mail.
AB962,9,103 5. A department deputy or city, village or town official who collects a deposit
4under subd. 1. shall pay any deposits that he or she collects to the appropriate county
5treasurer no later than 20 days after he or she receives the deposit. If a department
6deputy or city, village or town official fails to make a timely payment, the county
7treasurer may collect the payment from the department deputy or city, village or
8town official by an action in the treasurer's name of office and upon any official bond
9of the department deputy or city, village or town official, with interest at the rate of
1012% per year from the time when the deposit should have been paid.
AB962,9,1411 (g) If a person named as the alleged violator in a citation makes a cash deposit,
12the person may nevertheless appear in court at the time specified in the citation,
13provided that the cash deposit may be retained for application against any forfeiture,
14penalty assessment and jail assessment that may be imposed.
AB962,9,2315 (h) If a person appears in court in response to a citation, the citation may be
16used as the initial pleading, unless the court directs that a formal complaint in the
17form specified under par. (c) 3. be issued, and the appearance confers personal
18jurisdiction over the person. The person may plead guilty, no contest or not guilty.
19If the person pleads guilty or no contest, the court shall accept the plea, enter a
20judgment of guilty and impose a forfeiture, the penalty assessment imposed by s.
21165.87 and the jail assessment imposed by s. 302.46. If a person pleads not guilty,
22his or her plea shall put all matters in the case at issue and the case shall be set for
23trial.
AB962,9,2524 (i) If the alleged violator makes a cash deposit and fails to appear in court, the
25citation may serve as the initial pleading and the violator shall be considered to have

1tendered a plea of no contest and submitted to a forfeiture, the penalty assessment
2imposed by s. 165.87 and the jail assessment imposed by s. 302.46, the sum of which
3forfeiture and assessments does not exceed the amount of the deposit. The court may
4either accept the plea of no contest and enter judgment accordingly or reject the plea.
5If the court accepts the plea of no contest, the alleged violator may, within 90 days
6after the date set for the appearance, move to withdraw the plea of no contest, open
7the judgment and enter a plea of not guilty if the alleged violator shows to the
8satisfaction of the court that the failure to appear was due to mistake, inadvertence,
9surprise or excusable neglect. If the court rejects the plea of no contest, the court
10shall issue a summons in the form specified under par. (c) 2. If the alleged violator
11fails to respond to the summons, the court shall issue an arrest warrant.
AB962,10,1412 (j) If the alleged violator does not make a cash deposit and fails to appear in
13court at the time specified in the citation, the court may issue a summons in the form
14specified under par. (c) 2. or a warrant for the alleged violator's arrest.
AB962,10,1915 (k) If the alleged violator desires to enter a not guilty plea, he or she may enter
16the plea in person or by certified mail. A letter entering a not guilty plea shall show
17the alleged violator's return address and shall request a trial. The court shall set a
18time and place for trial that is at least 10 days from the date on which the letter was
19mailed to the court and shall notify the alleged violator of the time and place of trial.
AB962,11,220 (L) The alleged violator or the department or city, village or town that
21prosecuted the action may appeal from a circuit court case involving a citation issued
22under this subsection. The appeal shall be to the court of appeals. An appeal by the
23alleged violator shall include a bond to the department or the city, village or town
24with surety, to be approved by the judge, that is sufficient to pay the judgment if the

1judgment is affirmed in whole or in part on appeal. If the judgment is affirmed in
2whole or in part, execution may issue against both the alleged violator and the surety.
AB962, s. 9 3Section 9. 101.122 (9) of the statutes is created to read:
AB962,11,64 101.122 (9) Sunset of rental unit energy efficiency program. Subsections
5(2) to (6w) do not apply to any transfer of a rental unit that occurs after the effective
6date of this subsection .... [revisor inserts date].
AB962, s. 10 7Section 10. 706.05 (12) of the statutes is amended to read:
AB962,11,138 706.05 (12) Every conveyance of any interest in real property offered for
9recordation shall be accompanied by the form under s. 77.22 (2). If the property is
10subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or
11stipulation under s. 101.122 (4) (c), the documents of conveyance offered for
12recordation shall have appended the certificate required under s. 101.122 (4) (a), a
13waiver under s. 101.122 (4) (b) or a stipulation under s. 101.122 (4) (c).
AB962,11,1414 (End)
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