The bill specifies that the statutes relating to lead poisoning or lead exposure
treatment and prevention may not be interpreted to supersede ordinances of
Milwaukee that relate to the liability of an owner of property with respect to a
lead-based paint hazard. Further, if the criteria specified in Milwaukee ordinances
that relate the achieving a lead-free or lead-safe status are the same as or higher
than the standards promulgated by DHFS by rule, the owner of a dwelling, unit or
premises that meets the ordinance criteria is subject to the ordinances, rather than
to the rules and is entitled to receive a certificate of lead-free status or a certificate
of lead-safe status.
The bill authorizes DHFS to request a supplement of general purpose revenues
from the joint committee on finance (JCF) to pay initial costs of establishing a
registry of properties that are issued certificates of lead-free status or certificates of
lead-safe status. If DHFS requests the supplement, DHFS must submit a plan to
JCF to expend not more than $520,000 for fiscal year 2000-01. In addition, the bill
provides for an increase in general program revenues to increase DHFS staff, for
performance of certification for the performance of lead paint hazard reduction.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB806, s. 1 1Section 1. 20.435 (1) (gm) of the statutes, as affected by 1999 Wisconsin Act
29
, is amended to read:
AB806,4,123 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and
4services.
The amounts in the schedule for the purposes specified in ss. 146.50 (8),
5250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179 (1) (d), 254.20 (5) and
6(8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2) and ch. 69, for
7the purchase and distribution of medical supplies and to analyze and provide data
8under s. 250.04. All moneys received under ss. 146.50 (5) (f), (8) (d), 250.04 (3m),
9250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.18, 254.20
10(5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2) (b) and
11ch. 69 and as reimbursement for medical supplies shall be credited to this
12appropriation account.
AB806, s. 2 13Section 2. 254.11 (4g) of the statutes is created to read:
AB806,4,1714 254.11 (4g) "Certificate of lead-free status" means a certificate issued by a
15certified lead risk assessor that documents a finding by the assessor that a premises,
16dwelling or unit of a dwelling is free of lead-bearing paint as of the date specified on
17the certificate.
AB806, s. 3 18Section 3. 254.11 (4h) of the statutes is created to read:
AB806,5,219 254.11 (4h) "Certificate of lead-safe status" means a certificate issued by a
20certified lead risk assessor that documents that the assessor detected no

1lead-bearing paint hazards affecting the premises, dwelling or unit of the dwelling
2on the date specified on the certificate.
AB806, s. 4 3Section 4. 254.11 (5m) of the statutes is created to read:
AB806,5,54 254.11 (5m) "Elevated blood lead level" means a level of lead in blood that is
5any of the following:
AB806,5,76 (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one
7venous blood test.
AB806,5,98 (b) Fifteen or more micrograms per 100 milliliters of blood, as confirmed by 2
9consecutive venous blood tests that are performed at least 90 days apart.
AB806, s. 5 10Section 5. 254.11 (8d) of the statutes is created to read:
AB806,5,1211 254.11 (8d) "Lead-bearing paint hazard" has the meaning specified by rule by
12the department.
AB806, s. 6 13Section 6. 254.11 (8s) of the statutes is created to read:
AB806,5,1614 254.11 (8s) "Lead investigation" means a measure or set of measures designed
15to identify the presence of lead or lead hazards, including examination of painted or
16varnished surfaces, paint, dust, water and other environmental media.
AB806, s. 7 17Section 7. 254.11 (9g) of the statutes is created to read:
AB806,5,1918 254.11 (9g) "Lead risk assessor" has the meaning specified by rule by the
19department.
AB806, s. 8 20Section 8. 254.15 (1) of the statutes is amended to read:
AB806,6,921 254.15 (1) Develop and implement a comprehensive statewide lead poisoning
22or lead exposure prevention and treatment program that includes lead poisoning or
23lead exposure prevention grants under s. 254.151; any childhood lead poisoning
24screening requirement under rules promulgated under ss. 254.158 and 254.162; any
25requirements regarding care coordination and follow-up for children with lead

1poisoning or lead exposure required under rules promulgated under s. 254.164;
2departmental responses to reports of lead poisoning or lead exposure under s.
3254.166; any lead inspection investigation requirements under rules promulgated
4under ss. 254.167, ; any lead inspection requirements under rules promulgated
5under
254.168 and 254.17; any lead hazard reduction requirements under rules
6promulgated under s. 254.172; and certification, accreditation and approval
7requirements under ss. 254.176 and 254.178; any certification requirements and
8procedures under rules promulgated under s. 254.179; and any fees imposed under
9s. 254.18
.
AB806, s. 9 10Section 9. 254.154 of the statutes is renumbered 254.154 (1) and amended to
11read:
AB806,6,2012 254.154 (1) This subchapter does not prohibit any city, village, town or other
13political subdivision from enacting and enforcing ordinances establishing a system
14of lead poisoning or lead exposure control that provides the same or higher standards
15than those set forth in this subchapter. Nothing in this subchapter may be
16interpreted to supersede ordinances of a city of the first class that relate to the
17liability of an owner of property with respect to a lead-based paint hazard.
Nothing
18in this subchapter may be interpreted or applied in any manner to impair the right
19of any person, entity, municipality or other political subdivision to sue for damages
20or equitable relief or to restrain a violation of such an ordinance.
AB806, s. 10 21Section 10. 254.154 (2) of the statutes is created to read:
AB806,7,522 254.154 (2) If the criteria specified in ordinances of a city of the first class that
23relate to achieving a lead-free or lead-safe status are the same as or higher than the
24standards promulgated as rules under s. 254.179 (1) (a), the owner of a dwelling, unit
25of a dwelling or premises that meets the criteria specified in the ordinances is subject

1to the ordinances, rather than the rules under s. 254.179 (1) (a) and is entitled to
2receive a certificate of lead-free status or a certificate of lead-safe status, as
3appropriate, under this subchapter. If issued, the certificate of lead-free status and
4the certificate of lead-safe status are subject to this subchapter and rules
5promulgated under this subchapter.
AB806, s. 11 6Section 11. 254.166 (1) of the statutes is amended to read:
AB806,8,57 254.166 (1) The department may, after being notified that an occupant of a
8dwelling or premises who is under 6 years of age has blood lead poisoning or lead
9exposure, present official credentials to the owner or occupant of the dwelling or
10premises, or to a representative of the owner, and request admission to conduct a lead
11inspection investigation of the dwelling or premises. If the department is notified
12that an occupant of a dwelling or premises who is a child under 6 years of age has
13an elevated blood lead level, the department shall conduct a lead investigation of the
14dwelling or premises or ensure that a lead investigation of the dwelling or premises
15is conducted, except that the department may waive this requirement in a city of the
16first class.
The lead inspection investigation shall be conducted during business
17hours, unless the owner or occupant of the dwelling or premises consents to an
18inspection investigation during nonbusiness hours or unless the department
19determines that the dwelling or premises presents an imminent lead hazard. The
20department shall use reasonable efforts to provide prior notice of the lead inspection
21investigation to the owner of the dwelling or premises. The department may remove
22samples or objects necessary for laboratory analysis to determine the presence of a
23lead hazard in the dwelling or premises. The department shall prepare and file
24written reports of all inspections lead investigations conducted under this section
25and shall make the contents of these reports available for inspection by the public,

1except for medical information, which may be disclosed only to the extent that
2patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner
3or occupant refuses admission, the department may seek a warrant to inspect
4investigate the dwelling or premises. The warrant shall advise the owner or
5occupant of the scope of the inspection lead investigation.
AB806, s. 12 6Section 12. 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.)
7and amended to read:
AB806,8,98 254.166 (2) (c) (intro.) Notify the occupant of the dwelling or premises or that
9person's
the occupant's representative that of all of the following:
AB806,8,11 101. That a lead hazard is present on or in the dwelling or premises and may
11constitute a health hazard
.
AB806, s. 13 12Section 13. 254.166 (2) (c) 2. of the statutes is created to read:
AB806,8,1413 254.166 (2) (c) 2. The results of any lead investigations conducted on or in the
14dwelling or premises.
AB806, s. 14 15Section 14. 254.166 (2) (c) 3. of the statutes is created to read:
AB806,8,1616 254.166 (2) (c) 3. Any actions taken to reduce or eliminate the lead hazard.
AB806, s. 15 17Section 15. 254.166 (2) (e) of the statutes is created to read:
AB806,8,2018 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified
19lead risk assessor to conduct a lead investigation, a check of work completed and dust
20tests for the presence of hazardous levels of lead to ensure compliance with the order.
AB806, s. 16 21Section 16. 254.167 (intro.) of the statutes is amended to read:
AB806,9,4 22254.167 Conduct of lead inspection investigation. (intro.) Subject to the
23limitation under s. 254.174, the department may promulgate rules establishing
24procedures for conducting lead inspections investigations of dwellings and premises.
25Any rules promulgated under this section shall meet, but not exceed, any

1requirements under regulations promulgated by the administrator of the federal
2environmental protection agency under section 402 of the federal toxic substances
3control act, as created by section 1021 of P.L. 102-550. The rules promulgated under
4this section may include the following:
AB806, s. 17 5Section 17. 254.167 (1) of the statutes is amended to read:
AB806,9,86 254.167 (1) Specific procedures for inspecting investigating, testing or
7sampling painted, varnished or other finished surfaces, drinking water, household
8dust, soil and other materials that may contain lead.
AB806, s. 18 9Section 18. 254.167 (2) of the statutes is amended to read:
AB806,9,1410 254.167 (2) Specific procedures for the notification of owners, operators,
11occupants or prospective occupants, mortgagees and lienholders of lead levels
12identified during an inspection a lead investigation and of any health risks that are
13associated with the lead level and condition of the lead found during the inspection
14lead investigation.
AB806, s. 19 15Section 19. 254.167 (3) of the statutes is amended to read:
AB806,9,1816 254.167 (3) The form of lead inspection investigation reports, the requirements
17for filing the reports with the department and the procedures by which members of
18the public may obtain copies of inspection lead investigation reports.
AB806, s. 20 19Section 20. 254.17 of the statutes is repealed.
AB806, s. 21 20Section 21. 254.171 of the statutes is created to read:
AB806,9,25 21254.171 Dwellings and units of dwellings where child has elevated
22blood lead level.
If an owner of a dwelling or unit of a dwelling receives written
23notice from the department or a local health department that a child under 6 years
24of age, who resides in the owner's owner-occupied dwelling or unit or who resides in
25the owner's dwelling or unit under the terms of a rental agreement, has an elevated

1blood lead level, the owner shall promptly obtain a certificate of lead-free status or
2certificate of lead-safe status for the affected dwelling or unit. Nothing in this
3section precludes the department or the department's agent from conducting a lead
4investigation or issuing an order under s. 254.166.
AB806, s. 22 5Section 22. 254.172 of the statutes is repealed and recreated to read:
AB806,10,9 6254.172 Prevention and control of lead-bearing paint hazards in
7dwellings and premises.
(1) Subject to the limitation under s. 254.174, the
8department may promulgate rules governing lead hazard reduction that the
9department determines are not preempted by federal law.
AB806,10,15 10(2) If a certified lead risk assessor conducts a lead investigation of a dwelling
11or premises, he or she shall conduct the lead investigation and issue a report in
12accordance with any rules promulgated under s. 254.167. If the report indicates that
13the dwelling or premises meets criteria under s. 254.179 (1) (a) for issuance of a
14certificate of lead-free or of a certificate of lead-safe status, the lead risk assessor
15shall issue the appropriate certificate, subject to s. 254.18.
AB806, s. 23 16Section 23. 254.173 of the statutes is created to read:
AB806,10,19 17254.173 Immunity from liability for lead poisoning or lead exposure;
18restrictions.
(1) Legislative findings and purpose. (a) The legislature finds all
19of the following:
AB806,11,220 1. That a national task force appointed by the federal department of housing
21and urban development, the task force on lead-based paint hazard reduction and
22financing, found that 1,700,000 children under 6 years of age have blood lead levels
23at or above the federally established level of concern. The task force also found that
24the most common cause of childhood lead poisoning is ingestion of

1lead-contaminated surface dust from lead-bearing paint. The other significant
2cause is dust from bare lead-contaminated soil.
AB806,11,73 2. That high levels of lead in a child's blood can cause permanent nervous
4system damage and even relatively low blood lead levels can cause significant
5nervous system effects. Of 58,797 children who were screened in this state in fiscal
6year 1995-96, 11,170, or 19%, were newly identified as having blood lead levels that
7constitute lead poisoning or lead exposure.
AB806,11,178 (b) The legislature encourages property owners to address the problems
9associated with lead-bearing paint by bringing their property into compliance with
10the applicable state standards and finds that an appropriate method to so encourage
11property owners is to hold them not liable with respect to a person who develops lead
12poisoning or lead exposure in the property. The purpose of these standards and this
13restriction on liability is to reduce the exposure of children and others to
14lead-bearing paints, thereby substantially reducing the number of persons who
15develop lead poisoning or lead exposure. In addition, these standards and this
16restriction on liability will improve the quality of this state's housing stock and result
17in greater availability of insurance coverage for lead hazards.
AB806,11,25 18(2) Immunity; conditions; restrictions. An owner of a dwelling or unit of a
19dwelling and his or her employes and agents are immune from civil and criminal
20liability and may not be subject to an agency proceeding under ch. 227 for their acts
21or omissions related to lead poisoning or lead exposure of a person who resides in or
22has visited the dwelling or unit if, at the time that the lead poisoning or lead exposure
23occurred, a certificate of lead-free status or a certificate of lead-safe status was in
24effect for the dwelling or unit. This subsection does not apply if it is shown by clear
25and convincing evidence that one of the following has occurred:
AB806,12,1
1(a) The owner or his or her employe or agent obtained the certificate by fraud.
AB806,12,32 (b) The owner or his or her employe or agent violated a condition of the
3certificate.
AB806,12,74 (c) During renovation, remodeling, maintenance or repair after receiving the
5certificate, the owner or his or her employe or agent created a lead-bearing paint
6hazard that was present in the dwelling or unit of the dwelling at the time that the
7lead poisoning or lead exposure occurred.
AB806,12,108 (d) The owner or his or her employe or agent failed to respond in a timely
9manner to notification by a tenant, by the department or by a local health
10department that a lead-bearing paint hazard might be present.
AB806,12,1211 (e) The lead poisoning or lead exposure was caused by a source of lead in the
12dwelling or unit of the dwelling other than lead-bearing paint.
AB806,12,19 13(3) Temporary immunity; exception. An owner of a dwelling or unit of a
14dwelling and his or her employes and agents are immune from civil and criminal
15liability and may not be subject to an agency proceeding under ch. 227 for their acts
16or omissions related to lead poisoning or lead exposure that occur during the first 90
17days after the owner acquires the dwelling or unit, except that this subsection does
18not apply to lead poisoning or lead exposure that results from a lead-bearing paint
19hazard created by the owner or his or her employe or agent.
AB806, s. 24 20Section 24. 254.174 of the statutes is amended to read:
AB806,13,6 21254.174 Technical advisory committees. Before the department may
22promulgate rules under s. 254.167, 254.168, 254.17 or 254.172 or 254.179, the
23department shall appoint a technical advisory committee under s. 227.13 and shall
24consult with the technical advisory committee on the proposed rules. Any technical
25advisory committee required under this section shall include representatives from

1local health departments that administer local lead programs, representatives from
2the housing industry, persons certified under s. 254.176 and , representatives from
3the medical or public health professions and advocates for persons at risk of lead
4poisoning
. Any technical advisory committee required under this section before
5promulgating rules under s. 254.168 shall also include representatives of facilities
6serving children under 6 years of age.
AB806, s. 25 7Section 25. 254.176 (3) (b) of the statutes is repealed.
AB806, s. 26 8Section 26. 254.178 (2) (b) of the statutes is repealed.
AB806, s. 27 9Section 27. 254.179 of the statutes is created to read:
AB806,13,11 10254.179 Rules for dwellings and premises. (1) Subject to s. 254.174, the
11department shall promulgate as rules all of the following:
AB806,13,1512 (a) Except as provided in sub. (3), the standards for a premises, dwelling or unit
13of a dwelling that must be met, including the level of testing and sampling required
14to be performed, for issuance of a certificate of lead-free status or a certificate of
15lead-safe status to the owner of the premises, dwelling or unit of a dwelling.
AB806,13,1716 (b) The procedures by which a certificate of lead-free status or a certificate of
17lead-safe status may be issued or revoked.
AB806,13,1918 (c) The period of validity of a certificate of lead-free status or a certificate of
19lead-safe status, including all of the following:
AB806,13,2320 1. Authorization for the certificate of lead-free status to remain in effect unless
21revoked because of erroneous issuance or because the premises, dwelling or unit of
22the dwelling is not free of lead-bearing paint. The rules shall specify that the face
23of the certificate shall indicate that the certificate is valid unless revoked.
AB806,14,524 2. The standards limiting the length of validity of a certificate of lead-safe
25status, including the condition of a premises, dwelling or unit of a dwelling, the type

1of lead hazard reduction activity that was performed and any other requirements
2that must be met to maintain certification, unless the certificate is earlier revoked
3because of erroneous issuance or because the premises, dwelling or unit of the
4dwelling is not safe from lead-bearing paint hazards. The rules shall specify that
5the face of the certificate shall indicate the certificate's length of validity.
AB806,14,86 (d) A mechanism for creating a registry of all premises, dwellings or units of
7dwellings for which a certificate of lead-free status or a certificate of lead-safe status
8is issued.
AB806,14,149 (e) The requirements for a course of up to 16 hours that a property owner or his
10or her agent may complete in order to receive certification of completion and the
11scope of activities that the owner or agent may perform following certification, to the
12extent consistent with federal law, that are preliminary to activities and standards
13required under par. (a) to obtain a certificate of lead-free status or a certificate of
14lead-safe status.
AB806,14,18 15(2) Subject to s. 254.174, the department may promulgate rules that set forth
16safe work practices that shall be followed in the demolition of a building constructed
17before January 1, 1978, to avoid exposure by persons to lead hazards in the area of
18the demolition.
AB806,14,23 19(3) Rules under sub. (1) (a) may not require sampling or testing of dwellings,
20units of dwellings or premises for the presence of lead-bearing paint or a lead hazard
21before lead hazard reduction activities are conducted if the presence of lead-bearing
22paint or a lead hazard is assumed and the lead hazard reduction activities are
23performed in a lead-safe manner.
AB806, s. 28 24Section 28. 254.18 of the statutes is created to read:
AB806,15,7
1254.18 Certificate of lead-free status and certificate of lead-safe
2status; fees.
Although the department shall review fees for issuance of certificates
3of lead-free status and certificates of lead-safe status every 2 years and adjust the
4fees to reflect costs of maintaining the registry under s. 254.179 (1) (d), the
5department may impose a fee for issuance of a certificate of lead-free status that may
6not exceed $50 and may impose a fee for issuance of a certificate of lead-safe status
7that may not exceed $25.
AB806, s. 29 8Section 29. Chapter 606 of the statutes is created to read:
AB806,15,119 chapter 606
10 state residential lead
11 liability fund
AB806,15,12 12606.01 Definitions. In this chapter:
AB806,15,13 13(1) "Certificate of lead-free status" has the meaning given in s. 254.11 (4g).
AB806,15,14 14(2) "Certificate of lead-safe status" has the meaning given in s. 254.11 (4h).
AB806,15,22 15606.05 Issuance of policies. (1) If the manager makes a determination, as
16specified by rule, that insurance providing residential property owners with liability
17coverage for lead-bearing paint hazards is not either sufficiently affordable or
18sufficiently available in the private insurance market, the state residential lead
19liability fund shall offer policies that insure residential property in this state against
20liability resulting from lead-bearing paint hazards. Prior to making the
21determination, the manager shall work with insurers to encourage the offering of
22this coverage in the private market.
AB806,15,25 23(2) A policy may be issued by the fund only for property for which a certificate
24of lead-free status or a certificate of lead-safe status is in effect. A policy may not
25cover periods during which a certificate is not in effect.
AB806,16,7
1606.10 Rules and reports. (1) The manager shall promulgate rules
2specifying premiums, coverage limits and covered expenses for policies issued under
3s. 606.05 and may promulgate other rules necessary to administer the state
4residential lead liability fund. The manager shall specify premiums at a level that
5the manager determines will be sufficient to pay all costs of the fund. The fund may
6not pay damages to a claimant when it is found by a court by clear and convincing
7evidence that one or more of the conditions in s. 254.173 (2) (a) to (e) exist.
Loading...
Loading...