LRB-4115/1
KRP:kjf
2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Riemer, Stuck, Stubbs,
Anderson, L. Myers, Subeck, C. Taylor, Sinicki, Sargent, Vining and
Spreitzer, cosponsored by Senators L. Taylor, Risser,
Smith and Larson.
Referred to Committee on Housing and Real Estate.
AB827,1,4
1An Act to renumber and amend 709.02 (1);
to amend 254.34 (1) (h) 1., 709.01
2(1), 709.03 (form) C2. and 709.08; and
to create 709.03 (form) C2m. and 709.09
3of the statutes;
relating to: disclosures regarding radon in real estate
4transactions.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, an owner of residential real
property with one to four dwelling units (residential real property) must give a
prospective buyer a form, known as a real estate condition report form, on which the
owner discloses certain conditions of, and other information about, the residential
real property of which the owner is aware. The bill requires an owner to disclose on
the report whether the owner has notice or knowledge of the presence of radon on the
residential real property, tests for radon conducted on the residential real property,
or the presence of radon mitigation systems serving the residential real property.
The bill also requires that, in addition to the report, the owner must provide to
the prospective buyer a pamphlet developed by the Department of Health Services
that describes the risks of, testing for, and mitigation of indoor radon. Under current
law, DHS must develop and disseminate current radon information to the news
media, builders, realtors, and the general public, and the bill specifies that DHS
must develop and disseminate the pamphlet.
Finally, the bill requires that the owner of residential real property must
include in a contract of sale or option contract a statement explaining potential risks
from dangerous levels of indoor radon gas.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB827,1
1Section
1. 254.34 (1) (h) 1. of the statutes is amended to read:
AB827,2,52
254.34
(1) (h) 1. Develop and disseminate current radon information to the
3news media, builders, realtors
, and the general public
, including a pamphlet for
4home buyers and sellers that describes the risks of, testing for, and mitigation of
5indoor radon.
AB827,2
6Section
2. 709.01 (1) of the statutes is amended to read:
AB827,2,117
709.01
(1) Except as provided in sub. (2), all persons who transfer real property
8located in this state, including a condominium unit and time-share property, by sale,
9exchange, or land contract, unless the transfer is exempt from the real estate
10transfer fee under s. 77.25, shall comply with ss. 709.02 to 709.04
and, 709.06
, and
11709.09.
AB827,3
12Section
3. 709.02 (1) of the statutes is renumbered 709.02 (1) (a) and amended
13to read:
AB827,2,2114
709.02
(1) (a)
In Subject to par. (b), in regard to
transfers a transfer described
15in s. 709.01, the owner of the
real property shall furnish, not later than 10 days after
16acceptance of a contract of sale or option contract, to the prospective buyer of the
real 17property a completed copy of
the a report under s. 709.03 or 709.033, whichever is
18applicable, subject to s. 709.035,
except that
and, for real property, as defined in s.
19709.001 (5) (a), a copy of the pamphlet developed by the department of health services
20under s. 254.34 (1) (h) 1. that describes the risks of, testing for, and mitigation of
21indoor radon.
AB827,3,12
1(b) For any entry in a report furnished under par. (a), the owner
of the real
2property may substitute
for any entry information supplied by a licensed engineer,
3professional land surveyor, as defined in s. 443.01 (7m), or structural pest control
4operator, by an individual who is a qualified 3rd party, or by a contractor about
5matters within the scope of the contractor's occupation, if the information is in
6writing and is furnished on time and if the entry to which it relates is identified
, and
7except that. For any entry in a report furnished under par. (a), the owner may
8substitute
for any entry information supplied by a public agency. Information that
9substitutes for an entry on the report
under s. 709.03 or 709.033 and that is supplied
10by a person specified in this
section paragraph may be submitted and certified on a
11supplemental report prepared by the person, as long as the information otherwise
12satisfies the requirements under this section.
AB827,3,17
13(c) A prospective buyer who does not receive a report
or, if applicable, the
14pamphlet within the
10 days 10-day period described in par. (a) may, within 2
15business days after the end of that 10-day period, rescind the contract of sale or
16option contract by delivering a written notice of recision to the owner or to the owner's
17agent.
AB827,4
18Section 4
. 709.03 (form) C2m. of the statutes is created to read:
AB827,5
19Section
5. 709.03 (form) C2. of the statutes is amended to read:
AB827,6
19Section
6. 709.08 of the statutes is amended to read:
AB827,5,23
20709.08 Waiver. A buyer may waive in writing the right to rescind under s.
21709.05. If a buyer proceeds to closing, the buyer's right to rescind under s. 709.05 is
22terminated. A buyer may waive in writing the right to receive the report
or pamphlet 23required under s. 709.02.
AB827,7
24Section
7. 709.09 of the statutes is created to read:
AB827,6,4
25709.09 Additional disclosure; risks from indoor radon. In regard to a
26transfer described in s. 709.01, the owner of real property, as defined in s. 709.001
27(5) (a), shall include in the contract of sale or option contract a statement explaining
28potential risks from dangerous levels of indoor radon gas in substantially the
29following form: “The Department of Health Services recommends testing for radon
1during real estate transactions to better understand radon levels and lung cancer
2risk. Radon is a naturally occurring, odorless, colorless, radioactive gas that can
3cause lung cancer. Radon can leak into your home and is common in Wisconsin.
4Behind smoking, radon is the 2nd leading cause of lung cancer in the United States.”
AB827,8
5Section 8
.
Nonstatutory provisions.
AB827,6,106
(1)
Real estate condition report. Notwithstanding s. 709.035, the treatment
7of s. 709.03 (form) C2. and C2m. does not require a property owner that has furnished
8to a prospective buyer of the property an original or amended report before the
9effective date of this subsection to submit an amended report with respect to the
10information required by s. 709.03 (form) C2. and C2m.
AB827,9
11Section 9
.
Initial applicability.
AB827,6,1312
(1)
Real estate condition report. The treatment of s. 709.03 (form) C2. and
13C2m. first applies to a report that is furnished on the effective date of this subsection.
AB827,6,1615
(1)
This act takes effect on the first day of the 7th month beginning after
16publication.
