2017 - 2018 LEGISLATURE
February 13, 2018 - Introduced by Representatives C. Taylor, Brostoff, Kolste,
Young, Berceau, Hesselbein, Anderson, Crowley, Sargent, Sinicki,
Zepnick, Ohnstad, Fields, Spreitzer, Subeck and Wachs, cosponsored by
Senators Johnson, L. Taylor, Risser and Larson. Referred to Committee on
1An Act to renumber
254.151 (2) and 254.166 (1); and to
254.151 (2m), 254.156 (2) and 254.156 (3) of the statutes; relating to:
3testing for lead in homes of certain children, providing an exemption from
4emergency rule procedures, and providing an exemption from rule-making
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to promulgate a rule
updating its definition of “lead poisoning or lead exposure” whenever the federal
Department of Health and Human Services specifies a standard for the
determination of lead poisoning or lead exposure that differs from the standard used
by the department.
Under the bill, when DHS is notified that an occupant of a dwelling or premises
who is under six years of age has blood lead poisoning or lead exposure, meaning a
level of lead in the blood of five or more micrograms per 100 milliliters of blood, DHS
must conduct a lead investigation, including testing for lead-based paint hazards
and, if there is no other obvious contamination point, water testing. Current law
allows DHS to request admission to a dwelling or premises to conduct a lead
investigation when the department is notified that an occupant of a dwelling or
premises who is under six years of age has blood lead poisoning or lead exposure, and
requires DHS to conduct a lead investigation if the level of lead is either 20 or more
micrograms per 100 milliliters of blood, as confirmed by one venous blood test, or 15
or more micrograms per 100 milliliters of blood, as confirmed by two venous blood
tests that are performed at least 90 days apart.
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:
254.151 (2) of the statutes is amended to read:
To fund lead poisoning or lead exposure screening, care 3
coordination and follow-up services, including lead investigations,
to children under 4
age 6 who are not covered by a 3rd-party payer.
254.151 (2m) of the statutes is created to read:
To fund lead investigations under s. 254.166 (1).
254.156 of the statutes is renumbered 254.156 (1).
254.156 (2) of the statutes is created to read:
(a) The department shall submit in proposed form the rule required 10
under sub. (1) to the legislative council staff under s. 227.15 (1) no later than the first 11
day of the 13th month beginning after the federal department of health and human 12
services specifies a standard for the determination of lead poisoning or lead exposure 13
that differs from that specified in s. 254.11 (9).
(b) Notwithstanding s. 227.135 (2), the department is not required to present 15
the statement of the scope of the rule required under sub. (1) to the governor for 16
(c) Notwithstanding s. 227.185, the department is not required to present the 18
rule required sub. (1) in final draft form to the governor for approval.
(d) Notwithstanding s. 227.137 (2), the department is not required to prepare 20
an economic impact report for the rule required under sub. (1).
(e) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department is not 2
required to submit the proposed rule required under sub. (1) to the small business 3
regulatory review board and is not required to prepare a final regulatory flexibility 4
analysis for that rule.
254.156 (3) of the statutes is created to read:
Using the procedure under s. 227.24, the department shall 7
promulgate the rule required under sub. (1) for the period before the effective date 8
of the permanent rule submitted under sub. (1), but not to exceed the period 9
authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). 10
Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to 11
provide evidence that promulgating a rule under this subsection as an emergency 12
rule is necessary for the preservation of the public peace, health, safety, or welfare 13
and is not required to provide a finding of emergency for a rule promulgated under 14
this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not 15
required to prepare a statement of the scope of the rule or to submit the rule in final 16
draft form to the governor for approval. The department shall promulgate the rule 17
under this subsection no later than the first day of the 13th month beginning after 18
the federal department of health and human services specifies a standard for the 19
determination of lead poisoning or lead exposure that differs from that specified in 20
s. 254.11 (9).
254.166 (1) of the statutes is amended to read:
254.166 (1) The department may, after After
being notified that an occupant 23
of a dwelling or premises who is under 6 years of age has blood lead poisoning or lead 24
exposure, present official credentials to the owner or occupant of the dwelling or
25premises, or to a representative of the owner, and request admission to conduct a lead
1investigation of the dwelling or premises. If the department is notified that an
2occupant of a dwelling or premises who is a child under 6 years of age has an elevated
3blood lead level,
the department shall conduct a lead investigation of the dwelling 4
or premises or ensure that a lead investigation of the dwelling or premises is 5
conducted, including testing for any lead-based paint hazard and, if there is no other
6obvious contamination point, water testing
. The lead investigation shall be 7
conducted during business hours, unless the owner or occupant of the dwelling or 8
premises consents to an investigation during nonbusiness hours or unless the 9
department determines that the dwelling or premises presents an imminent lead 10
hazard. The department shall use reasonable efforts to provide prior notice of the 11
lead investigation to the owner of the dwelling or premises. The department may 12
remove samples or objects necessary for laboratory analysis to determine the 13
presence of a lead hazard in the dwelling or premises. The department shall prepare 14
and file written reports of all lead investigations conducted under this section and 15
shall make the contents of these reports available for inspection by the public, except 16
for medical information, which may be disclosed only to the extent that patient 17
health care records may be disclosed under ss. 146.82 to 146.835. If the owner or 18
occupant refuses admission, the department may seek a warrant to investigate the 19
dwelling or premises. The warrant shall advise the owner or occupant of the scope 20
of the lead investigation.
This act takes effect on January 1, 2018.