AB806-engrossed,14,1612 2. The owner shows by clear and convincing evidence that the property was in
13compliance with the standard to obtain a certificate of lead-free status or a
14certificate of lead-safe status by the end of the 90-day period and that the owner
15obtained the certificate in a reasonable amount of time following the owner's acts to
16achieve compliance.
AB806-engrossed, s. 24 17Section 24. 254.174 of the statutes is amended to read:
AB806-engrossed,15,3 18254.174 Technical advisory committees. Before the department may
19promulgate rules under s. 254.167, 254.168, 254.17 or 254.172 or 254.179, the
20department shall appoint a technical advisory committee under s. 227.13 and shall
21consult with the technical advisory committee on the proposed rules. Any technical
22advisory committee required under this section shall include representatives from
23local health departments that administer local lead programs, representatives from
24the housing industry, persons certified under s. 254.176 and, representatives from
25the medical or public health professions, advocates for persons at risk of lead

1poisoning and a resident of a 1st class city
. Any technical advisory committee
2required under this section before promulgating rules under s. 254.168 shall also
3include representatives of facilities serving children under 6 years of age.
AB806-engrossed, s. 25 4Section 25. 254.176 (3) (b) of the statutes is repealed.
AB806-engrossed, s. 26 5Section 26. 254.178 (2) (b) of the statutes is repealed.
AB806-engrossed, s. 27 6Section 27. 254.179 of the statutes is created to read:
AB806-engrossed,15,10 7254.179 Rules for dwellings and premises. (1) Subject to s. 254.174 and
8after review of ordinances of cities, towns and villages in this state, the department
9shall, by use of a research-based methodology, promulgate as rules all of the
10following:
AB806-engrossed,15,1411 (a) Except as provided in s. 254.18, the standards for a premises, dwelling or
12unit of a dwelling that must be met for issuance of a certificate of lead-free status
13or a certificate of lead-safe status to the owner of the premises, dwelling or unit of
14a dwelling, with the goal of long-term lead hazard reduction.
AB806-engrossed,15,1615 (b) The procedures by which a certificate of lead-free status or a certificate of
16lead-safe status may be issued or revoked.
AB806-engrossed,15,1817 (c) The period of validity of a certificate of lead-free status or a certificate of
18lead-safe status, including all of the following:
AB806-engrossed,15,2219 1. Authorization for the certificate of lead-free status to remain in effect unless
20revoked because of erroneous issuance or because the premises, dwelling or unit of
21the dwelling is not free of lead-bearing paint. The rules shall specify that the face
22of the certificate shall indicate that the certificate is valid unless revoked.
AB806-engrossed,16,623 2. The standards limiting the length of validity of a certificate of lead-safe
24status, including the condition of a premises, dwelling or unit of a dwelling, the type
25of lead hazard reduction activity that was performed, if any, and any other

1requirements that must be met to maintain certification, unless the certificate is
2earlier revoked because of erroneous issuance or because the premises, dwelling or
3unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall
4specify that the face of the certificate shall indicate the certificate's length of validity.
5The rules shall further specify that applications for certificates of lead-safe status
6for identical premises may be made only as follows:
AB806-engrossed,16,107 a. A person may apply for no more than 2 successive certificates of lead-safe
8status that have a duration of less than 12 months and, if again applying for a
9certificate of lead-safe status, shall apply for a certificate that has a duration of 12
10months or more.
AB806-engrossed,16,1411 b. A person to whom subd. 2. a. applies shall, if applying for a certificate of
12lead-safe status that is additional to the certificates specified in subd. 2. a. and that
13has a duration of less than 12 months, provide the department with a reason for the
14necessity for issuance of a certificate of that duration.
AB806-engrossed,16,1815 c. A person to whom subd. 2. a. and b. applies shall, if applying for a certificate
16of lead-safe status that is additional to the certificates specified in subd. 2. a. and b.
17and that has a duration of less than 12 months, provide the department with clear
18and convincing evidence of the necessity for issuance of a certificate of that duration.
AB806-engrossed,16,2119 (d) A mechanism for creating a registry of all premises, dwellings or units of
20dwellings for which a certificate of lead-free status or a certificate of lead-safe status
21is issued.
AB806-engrossed,17,222 (e) The requirements for a course of up to 16 hours that a property owner or his
23or her employe or agent may complete in order to receive certification of completion
24and the scope of the lead investigation and lead hazard reduction activities that the

1owner, employe or agent may perform following certification, to the extent consistent
2with federal law.
AB806-engrossed,17,5 3(2) By January 1, 2003, and every 2 years thereafter, the department shall
4review the rules under sub. (1) and shall promulgate changes to the rules if necessary
5in order to maintain consistency with federal law.
AB806-engrossed,17,9 6(3) Subject to s. 254.174, the department may promulgate rules that set forth
7safe work practices that shall be followed in the demolition of a building constructed
8before January 1, 1978, to avoid exposure by persons to lead hazards in the area of
9the demolition.
AB806-engrossed, s. 28 10Section 28. 254.18 of the statutes is created to read:
AB806-engrossed,17,15 11254.18 Lead hazard reduction in dwellings and premises. Sampling or
12testing of dwellings, units of dwellings or premises for the presence of lead-bearing
13paint or a lead hazard is not required before lead hazard reduction activities are
14conducted if the presence of lead-bearing paint or a lead hazard is assumed and the
15lead hazard reduction activities are performed in a lead-safe manner.
AB806-engrossed, s. 29 16Section 29. 254.181 of the statutes is created to read:
AB806-engrossed,17,22 17254.181 Certificate of lead-free status and certificate of lead-safe
18status; fees and notification. (1)
The department may impose a fee of $50 for
19issuance of a certificate of lead-free status and a fee of $25 for issuance of a certificate
20of lead-safe status. Fees under this section may not exceed actual costs of issuance
21and of maintaining the registry under s. 254.179 (1) (d). The department shall review
22the fees every 2 years and adjust the fees to reflect the actual costs.
AB806-engrossed,17,25 23(2) The department shall, at least quarterly, notify a local health department
24concerning issuance of certificates of lead-free status and certificates of lead-safe
25status in the area of jurisdiction of the local health department.
AB806-engrossed, s. 30
1Section 30. 254.182 of the statutes is created to read:
AB806-engrossed,18,6 2254.182 Repayment to general fund. The secretary of administration shall
3transfer from the appropriation account under s. 20.435 (1) (gm) to the general fund
4the amount of $735,000 when the secretary of administration determines that
5program revenues from fees imposed under ss. 254.176 (3) (e) and (4), 254.178 (2) (d)
6and 254.181 are sufficient to make the transfer.
AB806-engrossed, s. 31 7Section 31. 901.055 of the statutes is created to read:
AB806-engrossed,18,12 8901.055 Admissibility of results of dust testing for the presence of lead.
9The results of a test for the presence of lead in dust are not admissible during the
10course of a civil or criminal action or proceeding or an administrative proceeding
11unless the test was conducted by a person certified for this purpose by the
12department of health and family services.
AB806-engrossed, s. 32 13Section 32 . Nonstatutory provisions.
AB806-engrossed,18,2214 (1) Rules concerning lead for dwellings, units of dwellings and premises.
15T
he department of health and family services shall submit in proposed form the rules
16required under section 254.179 (1) of the statutes, as created by this act, to the
17legislative council staff under section 227.15 (1) of the statutes no later than the first
18day of the 7th month beginning after the effective date of this paragraph. In
19submitting the rules, the department shall include a summary of the differences
20between standards under the rules proposed to meet the requirement of section
21254.179 (1) (a) of the statutes, as created by this act, and standards under a similar
22ordinance of a 1st class city.
AB806-engrossed,19,1623 (2) Supplement for registry of lead-free or lead-safe properties. The
24department of health and family services may request the joint committee on finance
25to supplement, from the appropriation account under section 20.865 (4) (a) of the

1statutes, the appropriation account under section 20.435 (1) (a) of the statutes, to pay
2initial costs of establishing under section 254.179 (1) (d) of the statutes, as created
3by this act, a registry of properties that are issued certificates of lead-free status or
4certificates of lead-safe status. If the department of health and family services
5requests supplementation of the appropriation account under section 20.435 (1) (a)
6of the statutes, the department shall submit a plan to the joint committee on finance
7to expend not more than $520,000 for fiscal year 2000-01. If the cochairpersons of
8the committee do not notify the secretary of the department within 14 working days
9after the date of the department's submittal that the committee intends to schedule
10a meeting to review the request, the appropriation account shall be supplemented
11as provided in the request. If, within 14 working days after the date of the
12department's submittal, the cochairpersons of the committee notify the secretary of
13the department that the committee intends to schedule a meeting to review the
14request, the appropriation account shall be supplemented only as approved by the
15committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee
16is not required to find that an emergency exists.
AB806-engrossed,19,2317 (3) Registry of lead-free and lead-safe properties; limitation on funding.
18Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information
19under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget
20bill, the department of health and family services shall submit information
21concerning the appropriation under section 20.435 (1) (a) of the statutes as though
22any supplementation, under Section 32 (2) of this act, of the dollar amount of that
23appropriation had not been made.
AB806-engrossed,20,424 (4) Lead paint hazard reduction; limitation on funding. Notwithstanding
25section 16.42 (1) (e) of the statutes, in submitting information under section 16.42

1of the statutes for purposes of the 2001-2003 biennial budget bill, the department
2of health and family services shall submit information concerning the appropriation
3under section 20.435 (1) (a) of the statutes as though the increase in the dollar
4amount of that appropriation by Section 33 (1 ) of this act had not been made.
AB806-engrossed,20,95 (5) Lead paint hazards outreach and abatement. In submitting information
6under section 16.42 (1) of the statutes for purposes of the 2001-2003 biennial budget
7bill, the department of health and family services shall submit a proposal, including
8a request for additional funding, to conduct lead paint hazards outreach and
9abatement activities.
AB806-engrossed,20,1410 (6) Rehabilitation of rental property for low-income persons. In submitting
11information under section 16.42 (1) of the statutes for purposes of the 2001-2003
12biennial budget bill, the Wisconsin housing and economic development authority
13shall submit a proposal for lead hazard reduction activities for and rehabilitation of
14rental property for low-income persons in Wisconsin.
AB806-engrossed,21,215 (7) Allocation of oil overcharge funds to energy programs.
16Notwithstanding section 14.065 of the statutes, the secretary of administration shall
17allocate all oil overcharge restitution funds and all accruing interest earnings on
18those funds under section 20.505 (1) (md) of the statutes that are not approved for
19expenditure on the effective date of this subsection, for reduction of lead paint
20hazards in dwellings that is done to allow for and in conjunction with energy
21conservation activities in rental properties owned by persons who seek a certificate
22of lead-free status, as defined in section 254.11 (4g) of the statutes, as created by this
23act, or a certificate of lead-safe status, as defined in section 254.11 (4h) of the
24statutes, as created by this act. In awarding moneys under this subsection, the

1department of administration shall give priority to projects that emphasize
2comprehensive lead removal plans for rental properties.
AB806-engrossed,21,153 (8) Report on liability insurance for lead paint hazards. The office of the
4commissioner of insurance shall review the cost and availability of insurance in the
5private market that provides residential property owners with liability coverage for
6lead-bearing paint hazards. On the basis of the review, the office shall, no later than
7October 1, 2002, prepare and submit to the appropriate standing committees of the
8legislature in the manner provided under section 13.172 (3) of the statutes a report
9on whether such insurance is sufficiently affordable and sufficiently available in the
10private insurance market. If the office determines and provides in its report that
11such insurance is not either sufficiently affordable or sufficiently available in the
12private insurance market, the office shall submit drafting instructions to the
13legislative reference bureau for proposed legislation to create a state residential lead
14liability fund and shall include such proposed legislation in its 2003-05 biennial
15budget request under section 16.42 of the statutes.
AB806-engrossed, s. 33 16Section 33 . Appropriation changes.
AB806-engrossed,21,2317 (1) Certification for performance of lead paint hazard reduction. In the
18schedule under section 20.005 (3) of the statutes for the appropriation to the
19department of health and family services under section 20.435 (1) (a) of the statutes,
20as affected by the acts of 1999, the dollar amount is increased by $215,000 for fiscal
21year 2000-01 to increase the authorized FTE positions for the department by 5.0
22positions on January 1, 2001, and to provide supporting costs to perform certification
23for performance of lead paint hazard reduction.
AB806-engrossed,22,524 (2) Supplement for registry of lead-free or lead-safe properties. In the
25schedule under section 20.005 (3) of the statutes for the appropriation to the joint

1committee on finance under section 20.865 (4) (a) of the statutes, as affected by the
2acts of 1999, the dollar amount is increased by $520,000 for fiscal year 2000-01 to
3increase funding to provide payment for initial costs of establishing a registry of
4properties that are issued certificates of lead-free status or certificates of lead-safe
5status.
AB806-engrossed, s. 34 6Section 34 . Initial applicability.
AB806-engrossed,22,97 (1) Immunity from liability for lead poisoning or lead exposure. The
8treatment of section 254.173 of the statutes first applies to lead poisoning or lead
9exposure that occurs on the effective date of this subsection.
AB806-engrossed, s. 35 10Section 35. Effective dates. This act takes effect on the day after publication,
11except as follows:
AB806-engrossed,22,1512 (1) The treatment of sections 254.11 (8d), 254.166 (2) (c) and (e), 254.172,
13254.173 and 901.055 of the statutes, the creation of section 254.166 (2) (c) 2. and 3.
14of the statutes and Section 34 (1) of this act take effect on the first day of the 16th
15month beginning after publication.
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