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First Substitute H.B. 281
This document includes House Committee Amendments incorporated into the bill on
Wed, Feb 25, 2004 at 11:12 AM by kholt. -->
Representative David L. Hogue proposes the following substitute bill:
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TOXIC MOLD DISCLOSURE
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Hogue
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LONG TITLE
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General Description:
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This bill enacts provisions within the Utah Health Code H [
and the Utah Fit Premises Act
] h
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related to mold.
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Highlighted Provisions:
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This bill:
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. requires the Department of Health to:
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. prepare and make public certain information relating to mold; and
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. monitor progress in the science relating to mold exposure and make reports to
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the Legislature H [
; and
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. requires an owner to make a disclosure to a renter or prospective renter regarding
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mold in a rental unit
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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H [
AMENDS:
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57-22-2, as enacted by Chapter 314, Laws of Utah 1990
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ENACTS:
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26-48-101, Utah Code Annotated 1953
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26-48-102, Utah Code Annotated 1953
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26-48-201, Utah Code Annotated 1953
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26-48-202, Utah Code Annotated 1953
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H [
57-22-4.2, Utah Code Annotated 1953
] h
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-48-101
is enacted to read:
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CHAPTER 48. TOXIC MOLD ACT
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Part 1. General Provisions
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26-48-101. Title.
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This chapter is known as the "Toxic Mold Act."
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Section 2.
Section
26-48-102
is enacted to read:
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26-48-102. Definitions.
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As used in this chapter:
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(1) "Department" means the Department of Health.
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(2) (a) "Mold" means a form of multicellular fungi that live:
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(i) on plant or animal matter; and
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(ii) in indoor environments.
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(b) "Mold" includes:
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(i) cladosporium;
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(ii) penicillium;
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(iii) alternaria;
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(iv) aspergillus;
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(v) fuarium;
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(vi) trichoderma;
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(vii) memnoniella;
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(viii) mucor; and
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(ix) stachybotrys chartarum.
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Section 3.
Section
26-48-201
is enacted to read:
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Part 2. Department Responsibilities
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26-48-201. Department to provide public information.
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(1) The department shall prepare information concerning:
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(a) the health impacts of mold on a person who occupies real property containing mold;
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and
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(b) recommended practices for a person who owns or occupies real property containing
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mold.
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(2) The department shall, within existing budgets, use any reasonable means to make
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the information prepared under Subsection (1) available and accessible to the public.
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Section 4.
Section
26-48-202
is enacted to read:
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26-48-202. Monitoring and reporting requirements.
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The department shall:
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(1) monitor developments in other states regarding the science of setting minimum
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standards of mold exposure within real property; and
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(2) when the department considers appropriate, report any developments described in
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Subsection (1) to the Health and Human Services interim committee.
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H [
Section 5.
Section
57-22-2
is amended to read:
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57-22-2. Definitions.
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As used in this chapter:
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(1) "Mold" is as defined in Section
26-48-102
.
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[(1)] (2) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A
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managing agent, leasing agent, or resident manager is considered an owner for purposes of
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notice and other communication required or allowed under this chapter unless the agent or
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manager specifies otherwise in writing in the rental agreement.
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[(2)] (3) "Rental agreement" means any agreement, written or oral, which establishes or
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modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy
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of a residential rental unit.
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[(3)] (4) "Renter" means any person entitled under a rental agreement to occupy a
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residential rental unit to the exclusion of others.
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[(4)] (5) "Residential rental unit" means a renter's principal place of residence and
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includes the appurtenances, grounds, and facilities held out for the use of the residential renter
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generally, and any other area or facility provided to the renter in the rental agreement. It does
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H [
not include facilities contained in a boarding or rooming house or similar facility, mobile home
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lot, or recreational property rented on an occasional basis.
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Section 6.
Section
57-22-4.2
is enacted to read:
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57-22-4.2. Owner's duties -- Mold -- Civil action.
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(1) An owner shall comply with Subsection (2) if the owner knows that a residential
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rental unit contains visible mold.
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(2) An owner described in Subsection (1) shall provide written notice to:
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(a) a prospective renter prior to entering into a rental agreement; and
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(b) a renter within five calendar days after the owner becomes aware of a condition
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described in Subsection (1).
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(3) This section does not require an owner to conduct tests to determine whether a
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rental unit contains visible mold.
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(4) (a) A renter may bring an action against an owner for a violation of this section.
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(b) In an action under Subsection (4)(a), a renter may recover the greater of:
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(i) actual damages; or
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(ii) $1,000.
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Legislative Review Note
as of 2-19-04 12:14 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.