LRB-3145/2
DAK:kjf:pg
2003 - 2004 LEGISLATURE
November 13, 2003 - Introduced by Representatives Berceau, Turner, Hines,
Taylor, Bies, Gronemus and J. Lehman. Referred to Committee on Public
Health.
AB660,1,4
1An Act to amend 254.176 (title), 254.30 (2) and 254.30 (2) (b); and
to create
2254.23 of the statutes;
relating to: certification of mold inspectors and mold
3remediators, requiring the exercise of rule-making authority, and providing
4penalties.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health and Family Services (DHFS), by
rule, to establish certification requirements for the performance of mold inspection
or mold remediation in residential or commercial buildings and to define "mold" for
these purposes. DHFS must develop the rules after consulting with the Department
of Commerce, and must include in the rules certification fee amounts that cover the
certifying costs. Beginning January 1, 2005, DHFS must certify individuals as mold
inspectors or mold remediators if they meet the applicable requirements. The bill
prohibits an individual from using the title "state-certified mold inspector" or
"state-certified mold remediator," or a similar designation that indicates state
certification unless DHFS has certified the individual. The bill specifies a civil
penalty (a forfeiture of not less than $100 nor more than $1,000) and a criminal
penalty (a fine of not less than $100 nor more than $5,000 and probation for up to two
years) for violations of the mold certification requirements.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB660, s. 1
1Section
1. 254.176 (title) of the statutes is amended to read:
AB660,2,2
2254.176 (title)
Certification requirements
for lead-related activities.
AB660, s. 2
3Section
2. 254.23 of the statutes is created to read:
AB660,2,6
4254.23 Certification requirements for mold-related activities. (1) After
5consulting with the department of commerce, the department shall promulgate all
6of the following as rules:
AB660,2,97
(a) Certification requirements, including certification fees in amounts that
8cover the department's costs for certifying, for performance of mold inspection or
9mold remediation in residential or commercial buildings.
AB660,2,1010
(b) A definition of "mold" for the purposes of this section.
AB660,2,13
11(2) The department shall certify an individual as a mold inspector or mold
12remediator if the individual satisfies the requirements in the applicable rule under
13sub. (1).
AB660,2,17
14(3) (a) No individual may use the title "state-certified mold inspector" or any
15other title designation that indicates that the individual is certified by the state to
16perform mold inspections in residential or commercial buildings unless the
17individual is certified as a mold inspector under sub. (2).
AB660,2,2118
(b) No individual may use the title "state-certified mold remediator" or any
19other title or designation that indicates that the individual is certified by the state
20to perform mold remediation in residential or commercial buildings unless the
21individual is certified as a mold remediator under sub. (2).
AB660, s. 3
1Section
3. 254.30 (2) (a) of the statutes is amended to read:
AB660,3,52
254.30
(2) Penalties. (a)
Civil penalty. Any person who violates ss. 254.11 to
3254.178
or 254.23 or rules promulgated, or orders issued, under those sections may
4be required to forfeit not less than $100 nor more than $1,000. Each day of continued
5violation constitutes a separate offense.
AB660, s. 4
6Section
4. 254.30 (2) (b) of the statutes is amended to read:
AB660,3,117
254.30
(2) (b)
Criminal penalty. Any person who knowingly violates any
8provision of ss. 254.11 to 254.178
or 254.23 or any rule promulgated, or order issued,
9under those sections shall be fined not less than $100 nor more than $5,000. The
10court may place the person on probation under s. 973.09 for a period not to exceed
112 years.
AB660,3,1713
(1)
Submission of rules. The department of health and family services shall
14submit in proposed form the rules required under section 254.23 (1) and (2) of the
15statutes, as created by this act, to the legislative council staff under section 227.15
16(1) of the statutes no later than the first day of the 7th month beginning after the
17effective date of this subsection.
AB660, s. 6
18Section
6.
Effective dates. This act takes effect on January 1, 2005, except
19as follows:
AB660,3,2120
(1)
Mold inspection certification rules. The treatment of
Section
5 of the act
21takes effect on the day after publication.
