Amendment AA4-AB613

LRBa1765/1

PJK:jlg:jf

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 4, TO 1999 ASSEMBLY BILL 613

March 21, 2000 - Offered by Representatives Walker and Huber.

AB613-AA4,1,1 At the locations indicated, amend the bill as follows:

AB613-AA4,1,3 1. Page 2, line 12: before "notice" insert "the duty to disclose information from or about sex offender registry and immunity for providing".

AB613-AA4,1,5 2. Page 33, line 18: delete "Any information" and substitute "Except as provided in s. 452.24, any information".

AB613-AA4,1,7 3. Page 33, line 21: delete the material beginning with that line and ending with page 38, line 12, and substitute:

AB613-AA4,1,8 " Section 82m. 452.24 of the statutes is created to read:

AB613-AA4,2,3 452.24 Disclosure duty; immunity for providing notice about the sex offender registry. (1) If, in connection with the sale, exchange, purchase or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase or rental for information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.

AB613-AA4,2,10 (2) Notwithstanding sub. (1), the broker or salesperson is immune from liability for any act or omission related to the disclosure of information under sub. (1) if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB613-AA4, s. 84m Section 84m. 704.50 of the statutes is created to read:

AB613-AA4,2,17 704.50 Disclosure duty; immunity for providing notice about the sex offender registry. (1) Except as provided in sub. (2), a landlord or his or her agent has no duty to disclose to any person in connection with the rental of real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB613-AA4,2,22 (2) If, in connection with the rental of real property, a person requests of a landlord or his or her agent information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the landlord or agent has a duty to disclose such information, if the landlord or agent has actual knowledge of the information.

AB613-AA4,3,4 (3) Notwithstanding sub. (2), the landlord or agent is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the landlord or agent in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.

AB613-AA4, s. 86m Section 86m. 706.20 of the statutes is created to read:

AB613-AA4,3,11 706.20 Disclosure duty; immunity for providing notice about the sex offender registry. (1) Except as provided in sub. (2), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase or rental of the real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.

AB613-AA4,3,17 (2) If, in connection with the sale, exchange, purchase or rental of real property, a person requests of an owner of an interest in the real property information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the owner has a duty to disclose such information, if the owner has actual knowledge of the information.

AB613-AA4,3,24 (3) Notwithstanding sub. (2), the owner is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.".

AB613-AA4,4,1 4. Page 48, line 9: delete lines 9 to 16 and substitute:

AB613-AA4,4,5 "(3c) Real property transactions. The treatment of sections 452.24, 704.50 (2) and (3) and 706.20 (2) and (3) of the statutes first applies to transactions related to the sale, exchange, purchase or rental of real property that are commenced on the first day of the 13th month beginning after publication.".

AB613-AA4,4,6 (End)