2017 - 2018 LEGISLATURE
February 13, 2018 - Introduced by Representatives C. Taylor, Brostoff, Young,
Kolste, Berceau, Hesselbein, Anderson, Crowley, Sargent, Sinicki,
Zepnick, Ohnstad, Fields, Subeck, Spreitzer and Wachs, cosponsored by
Senators Johnson, L. Taylor, Carpenter, Risser and Larson. Referred to
Committee on Health.
1An Act to renumber and amend
254.168; and to create
254.168 (2m) of the 2
statutes; relating to: testing for lead in facilities serving certain children and
3requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires, instead of allows, the Department of Health Services to
promulgate rules requiring certain foster homes, group homes, shelter care facilities,
child care providers and centers, nursery schools, kindergartens, and other facilities
specifically identified by the department serving children under the age of six to have
periodic lead inspections or to otherwise demonstrate that the facility does not
contain a lead hazard, if any part of the facility was constructed before 1978.
Additionally, under this bill, a facility required to have a lead investigation or to
otherwise demonstrate that the facility does not contain a lead hazard must either
notify DHS and the parents, guardians, or legal custodians of each child served by
the facility of the results of the investigation or provide them materials sufficient to
demonstrate that the facility does not contain a lead hazard. Under current law, the
Department of Children and Families, after providing notice, may suspend, revoke,
or refuse to renew or continue a license or certification for certain child care providers
or child care centers in any case in which DCF finds that there has been a substantial
failure to comply with certain rules, including the periodic lead investigation
requirements promulgated by DHS.
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:
254.168 of the statutes is renumbered 254.168 (1m), and 254.168 2
(1m) (intro.) and (g), as renumbered, are amended to read:
(intro.) Subject to the limitation under s. 254.174, the 4
department may shall
promulgate rules that require any all
of the following facilities 5
to have periodic lead investigations at intervals determined by the department or to 6
otherwise demonstrate that the facility does not contain a lead hazard, if any part 7
of the facility was constructed before January 1, 1978:
(g) Any other facility specifically identified by the department
serving children 9
under 6 years of age that presents a risk for causing lead poisoning or lead exposure 10
254.168 (2m) of the statutes is created to read:
A facility that is required under this section to have a lead 13
investigation or otherwise demonstrate that the facility does not contain a lead 14
hazard shall do one of the following:
(a) After completion of any required lead investigation, notify, in writing, the 16
department and the parents, guardians, or legal custodians of each child served by 17
the facility of the results of the lead investigation.
(b) Provide to the department and the parents, guardians, or legal custodians 19
of each child served by the facility materials sufficient to demonstrate that the 20
facility does not contain a lead hazard.