AB 441 — Relating to: inspections of and disclosures regarding residential dumbwaiters and elevators in real estate transactions and providing a penalty. (FE)

Bill Text

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The bill amends existing laws to implement inspection and disclosure requirements for residential elevators and dumbwaiters in real estate transactions in Wisconsin.

• 101.983 (3)

  101.983(3) Inspections; individual residential dwelling units. If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3).

  This section is repealed, removing provisions concerning inspections of elevators or dumbwaiters for individual residential units.

• 101.983 (2) (c)

  the department may not issue or renew a permit for a conveyance under this subsection unless the department or an independent inspector has conducted an inspection of the conveyance and has prepared an inspection report certifying that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. → the department may not issue or renew a permit for a conveyance under this subsection unless the department or an independent inspector has conducted an inspection of the conveyance and has prepared an inspection report certifying that the conveyance complies with this subchapter, any applicable rules promulgated under this subchapter, and has ensured that the inspection is performed by an inspector licensed under s. 101.985 (3).

  This change clarifies the requirement that inspections must be handled by licensed inspectors, enhancing safety and compliance for conveyances.

• 101.983 (4) (c)

  Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3). → Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and s. 101.987 (3) (c).

  This update links the inspections and reports to the new residential elevator regulations being established.

• 706.05 (12)

  Every conveyance of any interest in real property offered for recordation shall be accompanied by the form under s. 77.22 (2). → Every conveyance of any interest in real property offered for recordation shall be accompanied by the form under s. 77.22 (2). If the real property is subject to certification under s. 101.987 (3) (c), the documents of conveyance offered for recordation shall have appended the certificate required under s. 101.987 (3) (c).

  This change ensures that all documents for real estate transfers include a new certification regarding residential elevators.

• 846.16 (2m) (c)

  Delivery of real estate transfer return receipt. No later than 10 days after the court confirms the sale, the judgment creditor shall provide to the court the receipt for submitting a transfer return under s. 77.22 and any certificate required under s. 101.987 (3) (c).

  This change streamlines provisions regarding the documentation required post-sale in regard to real estate transactions involving residential elevators.

• 846.16 (3m) (am)

  Deliver the deed to the mortgaged premises received under sub. (1r) (b) 2. a., the receipt for submitting a transfer return under s. 77.22, any certificate required under s. 101.987 (3) (c), the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, to the register of deeds.

  This change clarifies the requirement to include necessary documentation regarding residential elevators in the deed delivery.

• 846.16 (3m) (bm)

  Notify the register of deeds that the deed to the mortgaged premises received under sub. (1r) (b) 2. a., the receipt for submitting a transfer return under s. 77.22, any certificate required under s. 101.987 (3) (c), the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, are available in the clerk's office.

  This amendment modifies notification requirements to ensure that documentation for properties with residential elevators is properly communicated.

• 77.22 (2) (bm)

  Whether the real estate transferred is subject to certification under s. 101.987 (3) (c).

  This addition mandates that real estate transfer forms now include a check for compliance with new elevator certification requirements.

Action History

1. March 15, 2022

   Failed to pass pursuant to Senate Joint Resolution 1

2. August 04, 2021

   Fiscal estimate received

3. July 28, 2021

   Fiscal estimate received

4. July 12, 2021

   Read first time and referred to Committee on Housing and Real Estate

5. July 12, 2021

   Introduced by Representatives L. Myers, Vruwink, Baldeh, Cabrera, Sinicki, Hesselbein, Subeck, Snodgrass and Drake; cosponsored by Senator L. Taylor

Sponsors

• Dora Drake · Primary
• Lee Snodgrass · Primary
• Lisa Subeck · Primary
• Dianne Hesselbein · Primary
• Christine Sinicki · Primary
• Cabrera · Primary
• Baldeh · Primary
• Vruwink · Primary
• L. Myers · Primary

Subjects