Amendment ASA1-AB454

AB454-ASA1,2,25 (2) A business entity may use, in connection with the name or signature of the business entity, the title "Wisconsin registered radon mitigators" to describe the business entity's services, if one business representative of the business entity is registered under this subchapter.

AB454-ASA1,3,2 440.972 Registration requirements. (1) The department shall register an individual under this subchapter if the individual does all of the following:

AB454-ASA1,3,4 (a) Submits an application for registration to the department on a form provided by the department.

AB454-ASA1,3,5 (b) Pays the fee specified in s. 440.05 (1).

AB454-ASA1,3,7 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.

AB454-ASA1,3,8 (d) Passes an examination under s. 440.973.

AB454-ASA1,3,10 (2) The renewal date and renewal fee for certificates granted under this subchapter are specified under s. 440.08 (2) (a) 64k.

AB454-ASA1,3,12 440.973 Examinations. (1) No person may be registered under this subchapter unless he or she passes an examination approved by the department.

AB454-ASA1,3,15 (2) The department shall conduct examinations for radon mitigator registration at least semiannually at times and places determined by the department.

AB454-ASA1,3,18 (3) An individual is not eligible for examination unless the individual has satisfied the requirements for registration under s. 440.972 (1) (a) to (c) at least 30 days before the date of the examination.

AB454-ASA1,3,20 440.974 Rules. (1) The department shall promulgate rules necessary to administer this subchapter, including rules to establish all of the following:

AB454-ASA1,3,22 (a) Standards for acceptable examination performance by an applicant for registration.

AB454-ASA1,3,24 (b) Standards for the practice of radon mitigation by Wisconsin registered radon mitigators.

AB454-ASA1,4,3 (c) The information that a Wisconsin registered radon mitigator is required to provide to a client concerning the radon mitigation conducted by the Wisconsin registered radon mitigator.

AB454-ASA1,4,8 (2) The department may promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection may require continuing education if it is necessary to preserve the public health, safety or welfare or as a part of the disciplinary process to ensure competency.

AB454-ASA1,4,12 440.975 Standards of practice. (1) In this section, "reasonably competent and diligent radon mitigation" means radon mitigation that complies with the standards established under this subchapter or the rules promulgated under this subchapter.

AB454-ASA1,4,15 (2) A Wisconsin registered radon mitigator shall perform reasonably competent and diligent radon mitigation to reduce radon in the building in which he or she is conducting the radon mitigation.

AB454-ASA1,4,18 440.976 Disclaimers or limitation of liability. No Wisconsin registered radon mitigator may include, as a term or condition in an agreement to conduct radon mitigation, any of the following:

AB454-ASA1,4,20 (1) A provision that disclaims the liability of the Wisconsin registered radon mitigator for his or her negligence.

AB454-ASA1,4,23 (2) A provision that limits the amount of damages for liability of the Wisconsin registered radon mitigator to the amount of the fee or compensation paid to the Wisconsin registered radon mitigator for his or her radon mitigation.

AB454-ASA1,5,2 440.978 Discipline; prohibited acts. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB454-ASA1,5,6 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a Wisconsin registered radon mitigator or deny, limit, suspend or revoke a certificate under this subchapter if the department finds that the applicant or Wisconsin registered radon mitigator has done any of the following:

AB454-ASA1,5,8 (a) Made a material misstatement in an application for a certificate or renewal of a certificate.

AB454-ASA1,5,11 (b) Engaged in conduct while practicing as a Wisconsin registered radon mitigator that evidences a lack of knowledge or ability to apply professional principles or skills.

AB454-ASA1,5,13 (c) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an offense committed while registered under this subchapter.

AB454-ASA1,5,14 (d) Advertised in a manner that is false, deceptive or misleading.

AB454-ASA1,5,16 (e) Advertised, practiced or attempted to practice as a Wisconsin registered radon mitigator under another person's name.

AB454-ASA1,5,18 (f) Allowed his or her name to be used by another person while the other person was practicing or attempting to practice as a Wisconsin registered radon mitigator.

AB454-ASA1,5,21 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a Wisconsin registered radon mitigator while the individual's ability to practice was impaired by alcohol or other drugs.

AB454-ASA1,5,24 (h) Acted as a Wisconsin registered radon mitigator in connection with a transaction in which he or she was also a principal, appraiser or broker without full disclosure to and the written consent of all parties to the transaction.

AB454-ASA1,6,3 (i) Performed or agreed to perform any repairs, maintenance or improvements on any property less than 2 years after he or she conducts radon mitigation, without the written consent of the property owner given before the radon mitigation occurred.

AB454-ASA1,6,6 (j) Paid in full or in part, for radon mitigation, a fee, a commission, or compensation as a referral or finder's fee, to any person who is not a Wisconsin registered radon mitigator.

AB454-ASA1,6,7 (k) Violated this subchapter or any rule promulgated under this subchapter.

AB454-ASA1,6,10 (3) In addition to or in lieu of proceeding under sub. (2), the department may assess against a person who has engaged in any of the practices specified in sub. (2) a forfeiture of not more than $1,000 for each separate offense.

AB454-ASA1,6,16 (4) In lieu of proceeding under sub. (1) or (2), the department may place, in a registry information file, a copy of a complaint received by the department against a Wisconsin registered radon mitigator, the radon mitigator's response to the complaint and a copy of any records of the department concerning the complaint. If the department establishes a registry information file under this subsection, the department shall use the following procedure:

AB454-ASA1,6,22 (a) No later than 60 days after the date on which the department receives a complaint alleging that a Wisconsin registered radon mitigator has engaged in conduct that is grounds for discipline under sub. (2), the department shall provide the radon mitigator with a copy of the complaint and place a copy of the complaint and a copy of any records of the department concerning the complaint in the registry information file.

AB454-ASA1,7,2 (b) After receiving a copy of the complaint under par. (a), the Wisconsin registered radon mitigator who is the subject of the complaint, or his or her authorized representative, may place in the registry information file a statement of reasonable length describing the inspector's view of the correctness or relevance of any of the information contained in the complaint.

AB454-ASA1,7,6 (c) The department shall make the complaint, the Wisconsin registered radon mitigator's response to the complaint, if any, and a copy of any records of the department concerning the complaint placed in a registry information file under this subsection available to the public.

AB454-ASA1,7,11 (d) The department shall remove all complaints against and other information concerning a Wisconsin registered radon mitigator from the registry information file if, for a period of 2 years from the date of the most recent complaint filed in the registry information file, no further complaints have been filed against the radon mitigator.

AB454-ASA1,7,14 (5) The department may, as a condition of removing a limitation on a certificate issued under this subchapter or of reinstating a certificate that has been suspended or revoked under this subchapter, do any of the following:

AB454-ASA1,7,17 (a) Require the Wisconsin registered radon mitigator to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a radon mitigator.

AB454-ASA1,7,20 (b) Require the Wisconsin registered radon mitigator to file with the department a bond that is furnished by a company authorized to do business in this state and is in an amount approved by the department.

AB454-ASA1,7,22 440.979 Sunset provision; review of sunset provision. (1) This subchapter does not apply after June 30, 2001.

AB454-ASA1,8,3 (2) The department shall promulgate rules establishing a procedure for reviewing the registration of radon mitigators. If, after the completion of a review conducted under the rules promulgated under this subsection, the department believes that continued registration of radon mitigators serves the interests of the public and the radon mitigation profession, the department shall introduce legislation to repeal or extend the date specified in sub. (1).

AB454-ASA1, s. 3 Section 3. 893.89 (1) of the statutes is renumbered 893.89 (1) (intro.) and amended to read:

AB454-ASA1,8,6 893.89 (1) (intro.) In this section, "exposure:

AB454-ASA1,8,8 (a) "Exposure period" means the 10 years immediately following the date of substantial completion of the improvement to real property.

AB454-ASA1, s. 4 Section 4. 893.89 (1) (b) and (c) of the statutes are created to read:

AB454-ASA1,8,10 893.89 (1) (b) "Improvement to real property" includes radon mitigation.

AB454-ASA1,8,11 (c) "Radon mitigation" has the meaning given in s. 440.97 (5).

AB454-ASA1, s. 5 Section 5. Effective date.

AB454-ASA1,8,14 (1)  This act takes effect on the first day of the 7th month beginning after publication.

AB454-ASA1,8,15 (End)