AB806: Bill Text

AB806,11,17 (b) The legislature encourages property owners to address the problems associated with lead-bearing paint by bringing their property into compliance with the applicable state standards and finds that an appropriate method to so encourage property owners is to hold them not liable with respect to a person who develops lead poisoning or lead exposure in the property. The purpose of these standards and this restriction on liability is to reduce the exposure of children and others to lead-bearing paints, thereby substantially reducing the number of persons who develop lead poisoning or lead exposure. In addition, these standards and this restriction on liability will improve the quality of this state's housing stock and result in greater availability of insurance coverage for lead hazards.

AB806,11,25 (2) Immunity; conditions; restrictions. An owner of a dwelling or unit of a dwelling and his or her employes and agents are immune from civil and criminal liability and may not be subject to an agency proceeding under ch. 227 for their acts or omissions related to lead poisoning or lead exposure of a person who resides in or has visited the dwelling or unit if, at the time that the lead poisoning or lead exposure occurred, a certificate of lead-free status or a certificate of lead-safe status was in effect for the dwelling or unit. This subsection does not apply if it is shown by clear and convincing evidence that one of the following has occurred:

AB806,12,1 (a) The owner or his or her employe or agent obtained the certificate by fraud.

AB806,12,3 (b) The owner or his or her employe or agent violated a condition of the certificate.

AB806,12,7 (c) During renovation, remodeling, maintenance or repair after receiving the certificate, the owner or his or her employe or agent created a lead-bearing paint hazard that was present in the dwelling or unit of the dwelling at the time that the lead poisoning or lead exposure occurred.

AB806,12,10 (d) The owner or his or her employe or agent failed to respond in a timely manner to notification by a tenant, by the department or by a local health department that a lead-bearing paint hazard might be present.

AB806,12,12 (e) The lead poisoning or lead exposure was caused by a source of lead in the dwelling or unit of the dwelling other than lead-bearing paint.

AB806,12,19 (3) Temporary immunity; exception. An owner of a dwelling or unit of a dwelling and his or her employes and agents are immune from civil and criminal liability and may not be subject to an agency proceeding under ch. 227 for their acts or omissions related to lead poisoning or lead exposure that occur during the first 90 days after the owner acquires the dwelling or unit, except that this subsection does not apply to lead poisoning or lead exposure that results from a lead-bearing paint hazard created by the owner or his or her employe or agent.

AB806, s. 24 Section 24. 254.174 of the statutes is amended to read:

AB806,13,6 254.174 Technical advisory committees. Before the department may promulgate rules under s. 254.167, 254.168, 254.17 or 254.172 or 254.179, the department shall appoint a technical advisory committee under s. 227.13 and shall consult with the technical advisory committee on the proposed rules. Any technical advisory committee required under this section shall include representatives from local health departments that administer local lead programs, representatives from the housing industry, persons certified under s. 254.176 and , representatives from the medical or public health professions and advocates for persons at risk of lead poisoning. Any technical advisory committee required under this section before promulgating rules under s. 254.168 shall also include representatives of facilities serving children under 6 years of age.

AB806, s. 25 Section 25. 254.176 (3) (b) of the statutes is repealed.

AB806, s. 26 Section 26. 254.178 (2) (b) of the statutes is repealed.

AB806, s. 27 Section 27. 254.179 of the statutes is created to read:

AB806,13,11 254.179 Rules for dwellings and premises. (1) Subject to s. 254.174, the department shall promulgate as rules all of the following:

AB806,13,15 (a) Except as provided in sub. (3), the standards for a premises, dwelling or unit of a dwelling that must be met, including the level of testing and sampling required to be performed, for issuance of a certificate of lead-free status or a certificate of lead-safe status to the owner of the premises, dwelling or unit of a dwelling.

AB806,13,17 (b) The procedures by which a certificate of lead-free status or a certificate of lead-safe status may be issued or revoked.

AB806,13,19 (c) The period of validity of a certificate of lead-free status or a certificate of lead-safe status, including all of the following:

AB806,13,23 1. Authorization for the certificate of lead-free status to remain in effect unless revoked because of erroneous issuance or because the premises, dwelling or unit of the dwelling is not free of lead-bearing paint. The rules shall specify that the face of the certificate shall indicate that the certificate is valid unless revoked.

AB806,14,5 2. The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling or unit of a dwelling, the type of lead hazard reduction activity that was performed and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity.

AB806,14,8 (d) A mechanism for creating a registry of all premises, dwellings or units of dwellings for which a certificate of lead-free status or a certificate of lead-safe status is issued.

AB806,14,14 (e) The requirements for a course of up to 16 hours that a property owner or his or her agent may complete in order to receive certification of completion and the scope of activities that the owner or agent may perform following certification, to the extent consistent with federal law, that are preliminary to activities and standards required under par. (a) to obtain a certificate of lead-free status or a certificate of lead-safe status.

AB806,14,18 (2) Subject to s. 254.174, the department may promulgate rules that set forth safe work practices that shall be followed in the demolition of a building constructed before January 1, 1978, to avoid exposure by persons to lead hazards in the area of the demolition.

AB806,14,23 (3) Rules under sub. (1) (a) may not require sampling or testing of dwellings, units of dwellings or premises for the presence of lead-bearing paint or a lead hazard before lead hazard reduction activities are conducted if the presence of lead-bearing paint or a lead hazard is assumed and the lead hazard reduction activities are performed in a lead-safe manner.

AB806, s. 28 Section 28. 254.18 of the statutes is created to read:

AB806,15,7 254.18 Certificate of lead-free status and certificate of lead-safe status; fees. Although the department shall review fees for issuance of certificates of lead-free status and certificates of lead-safe status every 2 years and adjust the fees to reflect costs of maintaining the registry under s. 254.179 (1) (d), the department may impose a fee for issuance of a certificate of lead-free status that may not exceed $50 and may impose a fee for issuance of a certificate of lead-safe status that may not exceed $25.

AB806, s. 29 Section 29. Chapter 606 of the statutes is created to read:

AB806,15,11 chapter 606 state residential lead liability fund

AB806,15,12 606.01 Definitions. In this chapter:

AB806,15,13 (1) "Certificate of lead-free status" has the meaning given in s. 254.11 (4g).

AB806,15,14 (2) "Certificate of lead-safe status" has the meaning given in s. 254.11 (4h).

AB806,15,22 606.05 Issuance of policies. (1) If the manager makes a determination, as specified by rule, that insurance providing residential property owners with liability coverage for lead-bearing paint hazards is not either sufficiently affordable or sufficiently available in the private insurance market, the state residential lead liability fund shall offer policies that insure residential property in this state against liability resulting from lead-bearing paint hazards. Prior to making the determination, the manager shall work with insurers to encourage the offering of this coverage in the private market.

AB806,15,25 (2) A policy may be issued by the fund only for property for which a certificate of lead-free status or a certificate of lead-safe status is in effect. A policy may not cover periods during which a certificate is not in effect.

AB806,16,7 606.10 Rules and reports. (1) The manager shall promulgate rules specifying premiums, coverage limits and covered expenses for policies issued under s. 606.05 and may promulgate other rules necessary to administer the state residential lead liability fund. The manager shall specify premiums at a level that the manager determines will be sufficient to pay all costs of the fund. The fund may not pay damages to a claimant when it is found by a court by clear and convincing evidence that one or more of the conditions in s. 254.173 (2) (a) to (e) exist.

AB806,16,14 (2) The manager shall, on an ongoing basis, review the cost and availability of insurance in the private insurance market that provides residential property owners with liability coverage for lead-bearing paint hazards. No later than 12 months after the effective date of the rules promulgated by the department of health and family services under s. 254.179 (1), and every 2 years after the first report is submitted, the manager shall submit a report to the legislature under s. 13.172 (2) on the cost and availability of this insurance in the private market.

AB806,16,19 606.15 Termination of fund. If the manager has not made the determination under s. 606.05 (1) by a date that is 8 years after the effective date of this section .... [revisor inserts date], the manager shall publish a notice in the Wisconsin Administrative Register stating that the state residential lead liability fund terminates on the date specified in this section.

AB806, s. 30 Section 30. Chapter 606 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB806, s. 31 Section 31. 901.055 of the statutes is created to read:

AB806,17,2 901.055 Admissibility of results of dust testing for the presence of lead. The results of a test for the presence of lead in dust are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding unless the test was conducted by a person certified for this purpose by the department of health and family services.

AB806, s. 32 Section 32. Nonstatutory provisions.

AB806,17,4 (1) Rules concerning lead for dwellings, units of dwellings and premises.

AB806,17,8 (a) The department of health and family services shall submit in proposed form the rules required under section 254.179 (1) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB806,17,13 (b) In developing the rules required under section 254.179 (1) of the statutes, as created by this act, the department of health and family services shall consider the standards specified in the ordinances of the city of Milwaukee with respect to lead-bearing paint hazards, lead-bearing paint hazard reduction activities and the achievement of lead-free or lead-safe status.

AB806,18,7 (2) Supplement for registry of lead-free or lead-safe properties. The department of health and family services may request the joint committee on finance to supplement, from the appropriation account under section 20.865 (4) (a) of the statutes, the appropriation account under section 20.435 (1) (a) of the statutes, to pay initial costs of establishing under section 254.179 (1) (d) of the statutes, as created by this act, a registry of properties that are issued certificates of lead-free status or certificates of lead-safe status. If the department of health and family services requests supplementation of the appropriation account under section 20.435 (1) (a) of the statutes, the department shall submit a plan to the joint committee on finance to expend not more than $520,000 for fiscal year 2000-01. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee is not required to find that an emergency exists.

AB806,18,14 (3) Registry of lead-free and lead-safe properties; limitation on funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (1) (a) of the statutes as though any supplementation under subsection 30 (2) of the dollar amount of that appropriation had not been made.

AB806,18,20 (4) Lead paint hazard reduction; limitation on funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (1) (a) of the statutes as though the increase in the dollar amount of that appropriation by Section 33 (1 ) of this act had not been made.

AB806, s. 33 Section 33 . Appropriation changes.

AB806,19,4 (1) Certification for performance of lead paint hazard reduction. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $215,000 for fiscal year 2000-01 to increase the authorized FTE positions for the department by 5.0 project positions on January 1, 2001, until July 1, 2001, or the day after publication of the 2001-2003 biennial budget act, whichever is later, and to provide supporting costs to perform certification for performance of lead paint hazard reduction.

AB806, s. 34 Section 34 . Initial applicability.

AB806,19,8 (1) Immunity from liability for lead poisoning or lead exposure. The treatment of section 254.173 of the statutes first applies to lead poisoning or lead exposure that occurs on the effective date of this subsection.

AB806, s. 35 Section 35. Effective dates. This act takes effect on the day after publication, except as follows:

AB806,19,14 (1) The treatment of sections 254.11 (8d), 254.166 (2) (c) and (e), 254.172, 254.173 and 901.055 of the statutes and the creation of 254.166 (2) (c) 2. and 3. and chapter 606 of the statutes and Section 34 (1 ) of this act take effect on the first day of the 16th month beginning after publication.

AB806,19,17 (2) The repeal of chapter 606 of the statutes takes effect on the date stated in the notice published by the manager of the state residential lead liability fund in the Wisconsin Administrative Register under section 606.15.

AB806,19,18 (End)