SB-0757, As Passed Senate, November 10, 2004                                

    HOUSE SUBSTITUTE FOR

    SENATE BILL NO. 757

(As amended, November 10, 2004)                                             

                                                                             A bill to amend 1978 PA 368, entitled                                             

"Public health code,"                                                       

(MCL 333.1101 to 333.25211) by adding section 5475a.                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 5475a.  (1) A property manager, housing commission, or                 

2   owner of a rental unit who rents or continues to rent a                     

3   residential housing unit to a family with a minor child who is              

4   found to <<have 10 micrograms or more of lead per deciliter of venous blood>> is subject to the penalties provided                                            

5   under subsection (3) if all of the following apply:                         

6       (a) The property manager, housing commission, or owner of the               

7   rental unit has prior actual knowledge that the rental unit                 

8   contains a lead-based paint hazard.                                         

9   (b) At least ninety days have passed since the property                     

10  manager, housing commission, or owner of the rental unit had                

11  actual knowledge of the lead paint hazard.                                  

Senate Bill No. 757 as amended November 10, 2004                            

1       (c) The property manager, housing commission, or owner of the               

2   rental unit has not acted in good faith to reduce the lead paint            

3   hazards through interim controls or abatement or a combination of           

4   interim controls and abatement.                                             

5       (2) A property manager, housing commission, or owner <<of the rental unit>> is    

6   presumed to have prior actual knowledge that a unit contains a              

7   lead-based paint hazard only if 1 of the following applies:                 

8       (a) The property manager, housing commission, or owner <<of the rental unit>> signed                                                                          

9   an acknowledgment of the hazard as a result of a risk assessment            

10  under this chapter at the time the risk assessment was made.                

11      (b) The property manager, housing commission, or owner <<of the rental unit>> was                                                                             

12  served as a result of a risk assessment under this chapter with             

13  notice of the hazard by first-class mail and a return receipt of            

14  that service was obtained.                                                  

15      (3) A property manager, housing commission, or owner <<of the rental unit>>

16  convicted of violating this section is guilty of a crime as                 

17  follows:                                                                    

18      (a) Except as provided in subdivision (b), the property                     

19  manager, housing commission, or owner <<of the rental unit>> is guilty of a misdemeanor                                                                     

20  punishable by imprisonment for not more than 93 days or a fine of           

21  not more than $5,000.00, or both.                                           

22      (b) If the property manager, housing commission, or owner <<of the rental unit>> was                                                                      

23  previously convicted of violating this section or a local                   

24  ordinance substantially corresponding to this section, the                  

25  property manager, housing commission, or owner <<of the rental unit>> is guilty of a                                                                            

26  misdemeanor punishable by imprisonment for not more than 93 days            

27  or a fine of not more than $10,000.00, or both.                             

Senate Bill No. 757 as amended November 10, 2004                            

1       <<(4)    The property manager, housing commission, or owner of the

2   rental unit may assert one or more of the following as an affirmative

3   defense in a prosecution of violating this section, and has the burden

4   of proof on that defense by a preponderance of the evidence:

5                                                                                (i)    That the property manager, housing commission, or owner of the

6   rental unit requested or contracted with a person having responsibility

7   for maintaining the rental unit to reduce the hazard through interim

8   or abatement and reasonably expected that the hazard would be reduced.

9       (ii)    That the tenant would not allow entry into or upon premises where the hazard is located or otherwise interfered with correcting the hazard.         >>          

10      (5) As used in this section:                                                

11      (a) "Property manager" means a person who engages in property               

12  management as defined in section 2501 of the occupational code,             

13  1980 PA 299, MCL 339.2501.                                                  

14      (b) "Lead-based paint hazard" means that term as defined in                 

15  section 5458 of the public health code, 1978 PA 368, MCL                    

16  333.5458.

17      Enacting section 1.  This amendatory act takes effect                       

18  <<November 1, 2004 January 2, 2005>>.