LRB-4276/2
PJK:bjk:rs
2009 - 2010 LEGISLATURE
March 11, 2010 - Introduced by Representatives Richards and Berceau,
cosponsored by Senators Taylor, Lehman and Coggs. Referred to Committee
on Housing.
AB836,1,4 1An Act to create 704.47 and 709.03 (form) C. 17m. of the statutes; relating to:
2requiring sellers of residential real property and landlords of residential rental
3property to disclose that methamphetamine has been manufactured on the
4property.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, owners selling residential real
property must give prospective buyers a form, known as a real estate condition
report, on which the owner discloses certain conditions of the real property of which
the owner is aware. This bill requires an owner to disclose on the real estate
condition report whether methamphetamine has been manufactured on the
property. The bill also requires a landlord of residential rental property who is aware
that methamphetamine has been manufactured on the rental property to disclose to
any prospective tenant in writing that methamphetamine has been manufactured
on the premises.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB836, s. 1 5Section 1. 704.47 of the statutes is created to read:
AB836,2,7
1704.47 Disclosure of methamphetamine manufacture. (1) If a landlord
2of residential rental property is aware that methamphetamine has been
3manufactured at any time on the rental property, before entering into any rental
4agreement with a prospective tenant of the rental property or before the
5commencement of any periodic tenancy or tenancy at will with respect to the rental
6property, the landlord shall disclose to the prospective tenant in writing that
7methamphetamine was manufactured on the property.
AB836,2,10 8(2) If the rental property contains more than one dwelling unit, the landlord
9is required to provide the disclosure under sub. (1) only to a prospective tenant of the
10dwelling unit in which the methamphetamine was manufactured.
AB836, s. 2 11Section 2. 709.03 (form) C. 17m. of the statutes is created to read:
AB836,2,12 12709.03 (form) - See PDF for table PDF
AB836, s. 3 13Section 3. Nonstatutory provisions.
AB836,2,1914 (1) Real estate condition report. Notwithstanding section 709.035 of the
15statutes, the creation of section 709.03 (form) C. 17m. of the statutes does not require
16a property owner who has furnished to a prospective buyer of the property an original
17or amended real estate condition report before the effective date of this subsection
18to submit an amended real estate condition report with respect to the information
19required by section 709.03 (form) C. 17m. of the statutes, as created by this act.
AB836, s. 4 20Section 4. Initial applicability.
AB836,2,2321 (1) The treatment of section 709.03 (form) C. 17m. of the statutes first applies
22to real estate condition reports that are furnished on the effective date of this
23subsection.
AB836,3,2
1(2) The treatment of section 704.47 of the statutes first applies to tenancies and
2rental agreements that are entered into on the effective date of this subsection.
AB836, s. 5 3Section 5. Effective date.
AB836,3,44 (1) This act takes effect on January 1, 2011.
AB836,3,55 (End)
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