Bill Text: MI SB0062 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; hazardous products; provision related to rental unit containing lead-based paint hazard; modify. Amends sec. 5475a of 1978 PA 368 (MCL 333.5475a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-24 - Referred To Committee On Health Policy [SB0062 Detail]

Download: Michigan-2017-SB0062-Introduced.html

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SENATE BILL No. 62

 

 

January 24, 2017, Introduced by Senators HERTEL and ANANICH and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 5475a (MCL 333.5475a), as added by 2004 PA 434.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

housing unit to a family with a minor child who is found to have 10

 

5 micrograms or more of lead per deciliter of venous blood is

 

subject to the penalties provided under subsection (3) if all of

 

the following apply:

 

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

 

rental unit has prior actual knowledge that the rental unit

 

contains a lead-based paint hazard.

 

     (b) At least ninety 90 days have passed since the property

 

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

knowledge of the lead lead-based paint hazard.

 

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

 

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

 

based paint hazards through interim controls or abatement or a

 

combination of interim controls and abatement.

 

     (2) A property manager, housing commission, or owner of the

 

rental unit is presumed to have prior actual knowledge that a unit

 

contains a lead-based paint hazard only if 1 of the following

 

applies:

 

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

 

rental unit signed an acknowledgment of the hazard as a result of a

 

risk assessment under this chapter at the time the risk assessment

 

was made.

 

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

 

rental unit was served as a result of a risk assessment under this

 

chapter with notice of the hazard by first-class mail and a return

 

receipt of that service was obtained.

 

     (3) A property manager, housing commission, or owner of the

 

rental unit convicted of violating this section is guilty of a

 

crime as follows:

 

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

 

manager, housing commission, or owner of the rental unit is guilty

 

of a misdemeanor punishable by imprisonment for not more than 93

 

days or a fine of not more than $5,000.00, or both.

 

     (b) If the property manager, housing commission, or owner of

 

the rental unit was previously convicted of violating this section

 

or a local ordinance substantially corresponding to this section,

the property manager, housing commission, or owner of the rental

 

unit is guilty of a misdemeanor punishable by imprisonment for not

 

more than 93 days or a fine of not more than $10,000.00, or both.

 

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

 

rental unit may assert 1 or more of the following as an affirmative

 

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

 

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

 

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

 

the rental unit requested or contracted with a person having

 

responsibility for maintaining the rental unit to reduce the hazard

 

through interim controls or abatement and reasonably expected that

 

the hazard would be reduced.

 

     (b) That the tenant would not allow entry into or upon

 

premises where the hazard is located or otherwise interfered with

 

correcting the hazard.

 

     (5) As used in this section, :

 

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

 

property management as that term is defined in section 2501 of the

 

occupational code, 1980 PA 299, MCL 339.2501.

 

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

 

section 5458 of the public health code, 1978 PA 368, MCL 333.5458.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.