ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1999 ASSEMBLY BILL 806
March 7, 2000 - Offered by Joint committee on Finance.
AB806-ASA2,1,13 1An Act to repeal 254.17, 254.176 (3) (b) and 254.178 (2) (b); to renumber and
2amend
254.166 (2) (c); to amend 20.435 (1) (gm), 20.505 (1) (md), 254.15 (1),
3254.154, 254.166 (1), 254.167 (intro.), 254.167 (1), 254.167 (2), 254.167 (3) and
4254.174; to repeal and recreate 254.172; and to create 254.11 (4g), 254.11
5(4h), 254.11 (5m), 254.11 (8d), 254.11 (8s), 254.11 (9g), 254.166 (2) (c) 2., 254.166
6(2) (c) 3., 254.166 (2) (e), 254.171, 254.173, 254.179, 254.18, 254.181, 254.182
7and 901.055 of the statutes; relating to: conducting lead investigations,
8lead-bearing paint hazard control, requirements for certification of lead-free
9or lead-safe status for dwellings and premises, immunity from liability for lead
10poisoning or lead exposure, a report on the affordability and availability of
11liability insurance for lead-bearing paint hazards, granting rule-making
12authority, requiring the exercise of rule-making authority and making
13appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB806-ASA2, s. 1 1Section 1. 20.435 (1) (gm) of the statutes, as affected by 1999 Wisconsin Act
29
, is amended to read:
AB806-ASA2,2,123 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, 254.181,
10254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 and 255.08 (2)
11(b) and ch. 69 and as reimbursement for medical supplies shall be credited to this
12appropriation account.
AB806-ASA2, s. 2 13Section 2. 20.505 (1) (md) of the statutes is amended to read:
AB806-ASA2,2,1814 20.505 (1) (md) Oil overcharge restitution funds. All federal moneys received
15as oil overcharge funds, as defined in s. 14.065 (1), for expenditure under proposals
16approved by the joint committee on finance under s. 14.065 and, for transfers under
171993 Wisconsin Act 16, section 9201 (1z), and for allocation under 1999 Wisconsin
18Act .... (this act), section 32 (7)
.
AB806-ASA2, s. 3 19Section 3. 254.11 (4g) of the statutes is created to read:
AB806-ASA2,2,2320 254.11 (4g) "Certificate of lead-free status" means a certificate issued by a
21certified lead risk assessor or other person certified under s. 254.176 that documents
22a finding by the assessor that a premises, dwelling or unit of a dwelling is free of
23lead-bearing paint as of the date specified on the certificate.
AB806-ASA2, s. 4
1Section 4. 254.11 (4h) of the statutes is created to read:
AB806-ASA2,3,52 254.11 (4h) "Certificate of lead-safe status" means a certificate issued by a
3certified lead risk assessor or other person certified under s. 254.176 that documents
4that the assessor detected no lead-bearing paint hazards affecting the premises,
5dwelling or unit of the dwelling on the date specified on the certificate.
AB806-ASA2, s. 5 6Section 5. 254.11 (5m) of the statutes is created to read:
AB806-ASA2,3,87 254.11 (5m) "Elevated blood lead level" means a level of lead in blood that is
8any of the following:
AB806-ASA2,3,109 (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one
10venous blood test.
AB806-ASA2,3,1211 (b) Fifteen or more micrograms per 100 milliliters of blood, as confirmed by 2
12venous blood tests that are performed at least 90 days apart.
AB806-ASA2, s. 6 13Section 6. 254.11 (8d) of the statutes is created to read:
AB806-ASA2,3,1514 254.11 (8d) "Lead-bearing paint hazard" has the meaning specified by rule by
15the department.
AB806-ASA2, s. 7 16Section 7. 254.11 (8s) of the statutes is created to read:
AB806-ASA2,3,1917 254.11 (8s) "Lead investigation" means a measure or set of measures designed
18to identify the presence of lead or lead hazards, including examination of painted or
19varnished surfaces, paint, dust, water and other environmental media.
AB806-ASA2, s. 8 20Section 8. 254.11 (9g) of the statutes is created to read:
AB806-ASA2,3,2221 254.11 (9g) "Lead risk assessor" has the meaning specified by rule by the
22department.
AB806-ASA2, s. 9 23Section 9. 254.15 (1) of the statutes is amended to read:
AB806-ASA2,4,1224 254.15 (1) Develop and implement a comprehensive statewide lead poisoning
25or lead exposure prevention and treatment program that includes lead poisoning or

1lead exposure prevention grants under s. 254.151; any childhood lead poisoning
2screening requirement under rules promulgated under ss. 254.158 and 254.162; any
3requirements regarding care coordination and follow-up for children with lead
4poisoning or lead exposure required under rules promulgated under s. 254.164;
5departmental responses to reports of lead poisoning or lead exposure under s.
6254.166; any lead inspection investigation requirements under rules promulgated
7under ss. 254.167,; any lead inspection requirements under rules promulgated under
8254.168 and 254.17; any lead hazard reduction requirements under rules
9promulgated under s. 254.172; and certification, accreditation and approval
10requirements under ss. 254.176 and 254.178; any certification requirements and
11procedures under rules promulgated under s. 254.179; and any fees imposed under
12s. 254.181
.
AB806-ASA2, s. 10 13Section 10. 254.154 of the statutes is amended to read:
AB806-ASA2,4,2314 254.154 This subchapter does not prohibit any city, village, town or other
15political subdivision from enacting and enforcing ordinances establishing a system
16of lead poisoning or lead exposure control that provides the same or higher standards
17than those set forth in this subchapter. Nothing in this subchapter other than s.
18254.173 (2) and (3)
may be interpreted or applied in any manner to impair the right
19of any person, or entity, municipality or other political subdivision to sue for damages
20or equitable relief or to restrain a violation of such an ordinance. Nothing in this
21subchapter may be interpreted or applied in any manner to impair the right of a
22municipality or other political subdivision to impose a penalty for or restrain the
23violation of an ordinance specified in this section
.
AB806-ASA2, s. 11 24Section 11. 254.166 (1) of the statutes is amended to read:
AB806-ASA2,5,23
1254.166 (1) The department may, after being notified that an occupant of a
2dwelling or premises who is under 6 years of age has blood lead poisoning or lead
3exposure, present official credentials to the owner or occupant of the dwelling or
4premises, or to a representative of the owner, and request admission to conduct a lead
5inspection investigation of the dwelling or premises. If the department is notified
6that an occupant of a dwelling or premises who is a child under 6 years of age has
7an elevated blood lead level, the department shall conduct a lead investigation of the
8dwelling or premises or ensure that a lead investigation of the dwelling or premises
9is conducted.
The lead inspection investigation shall be conducted during business
10hours, unless the owner or occupant of the dwelling or premises consents to an
11inspection investigation during nonbusiness hours or unless the department
12determines that the dwelling or premises presents an imminent lead hazard. The
13department shall use reasonable efforts to provide prior notice of the lead inspection
14investigation to the owner of the dwelling or premises. The department may remove
15samples or objects necessary for laboratory analysis to determine the presence of a
16lead hazard in the dwelling or premises. The department shall prepare and file
17written reports of all inspections lead investigations conducted under this section
18and shall make the contents of these reports available for inspection by the public,
19except for medical information, which may be disclosed only to the extent that
20patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner
21or occupant refuses admission, the department may seek a warrant to inspect
22investigate the dwelling or premises. The warrant shall advise the owner or
23occupant of the scope of the inspection lead investigation.
AB806-ASA2, s. 12 24Section 12. 254.166 (2) (c) of the statutes is renumbered 254.166 (2) (c) (intro.)
25and amended to read:
AB806-ASA2,6,2
1254.166 (2) (c) (intro.) Notify the occupant of the dwelling or premises or that
2person's
the occupant's representative that of all of the following:
AB806-ASA2,6,4 31. That a lead hazard is present on or in the dwelling or premises and may
4constitute a health hazard
.
AB806-ASA2, s. 13 5Section 13. 254.166 (2) (c) 2. of the statutes is created to read:
AB806-ASA2,6,76 254.166 (2) (c) 2. The results of any lead investigations conducted on or in the
7dwelling or premises.
AB806-ASA2, s. 14 8Section 14. 254.166 (2) (c) 3. of the statutes is created to read:
AB806-ASA2,6,99 254.166 (2) (c) 3. Any actions taken to reduce or eliminate the lead hazard.
AB806-ASA2, s. 15 10Section 15. 254.166 (2) (e) of the statutes is created to read:
AB806-ASA2,6,1411 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified
12lead risk assessor or other person certified under s. 254.176 to conduct a lead
13investigation, a check of work completed and dust tests for the presence of hazardous
14levels of lead to ensure compliance with the order.
AB806-ASA2, s. 16 15Section 16. 254.167 (intro.) of the statutes is amended to read:
AB806-ASA2,6,23 16254.167 Conduct of lead inspection investigation. (intro.) Subject to the
17limitation under s. 254.174, the department may promulgate rules establishing
18procedures for conducting lead inspections investigations of dwellings and premises.
19Any rules promulgated under this section shall meet, but not exceed, any
20requirements under regulations promulgated by the administrator of the federal
21environmental protection agency under section 402 of the federal toxic substances
22control act, as created by section 1021 of P.L. 102-550.
The rules promulgated under
23this section may include the following:
AB806-ASA2, s. 17 24Section 17. 254.167 (1) of the statutes is amended to read:
AB806-ASA2,7,3
1254.167 (1) Specific procedures for inspecting investigating, testing or
2sampling painted, varnished or other finished surfaces, drinking water, household
3dust, soil and other materials that may contain lead.
AB806-ASA2, s. 18 4Section 18. 254.167 (2) of the statutes is amended to read:
AB806-ASA2,7,95 254.167 (2) Specific procedures for the notification of owners, operators,
6occupants or prospective occupants, mortgagees and lienholders of lead levels
7identified during an inspection a lead investigation and of any health risks that are
8associated with the lead level and condition of the lead found during the inspection
9lead investigation.
AB806-ASA2, s. 19 10Section 19. 254.167 (3) of the statutes is amended to read:
AB806-ASA2,7,1311 254.167 (3) The form of lead inspection investigation reports, the requirements
12for filing the reports with the department and the procedures by which members of
13the public may obtain copies of inspection lead investigation reports.
AB806-ASA2, s. 20 14Section 20. 254.17 of the statutes is repealed.
AB806-ASA2, s. 21 15Section 21. 254.171 of the statutes is created to read:
AB806-ASA2,8,3 16254.171 Dwellings and units of dwellings where child has elevated
17blood lead level.
If an owner of a dwelling or unit of a dwelling receives written
18notice from the department or a local health department that a child under 6 years
19of age, who resides in the owner's owner-occupied dwelling or unit or who resides in
20the owner's dwelling or unit under the terms of a rental agreement, has an elevated
21blood lead level, the owner shall obtain a certificate of lead-free status or certificate
22of lead-safe status for the affected dwelling or unit in a timely manner, based on the
23reasonable availability of lead risk assessors or other persons certified under s.
24254.176 to conduct any necessary lead investigation or lead hazard reduction
25activities and based on the time required for issuance of a certificate of lead-free

1status or a certificate of lead-safe status. Nothing in this section precludes the
2department or the department's agent from conducting a lead investigation or
3issuing an order under s. 254.166.
AB806-ASA2, s. 22 4Section 22. 254.172 of the statutes is repealed and recreated to read:
AB806-ASA2,8,8 5254.172 Prevention and control of lead-bearing paint hazards in
6dwellings and premises.
(1) Subject to the limitation under s. 254.174, the
7department may promulgate rules governing lead hazard reduction that the
8department determines are consistent with federal law.
AB806-ASA2,8,15 9(2) If a certified lead risk assessor or other person certified under s. 254.176
10conducts a lead investigation of a dwelling or premises, he or she shall conduct the
11lead investigation and issue a report in accordance with any rules promulgated
12under s. 254.167. If the report indicates that the dwelling or premises meets criteria
13under s. 254.179 (1) (a) for issuance of a certificate of lead-free or of a certificate of
14lead-safe status, the lead risk assessor or other person shall issue the appropriate
15certificate, subject to s. 254.181.
AB806-ASA2, s. 23 16Section 23. 254.173 of the statutes is created to read:
AB806-ASA2,8,19 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-ASA2,9,220 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 dust and chips from lead-bearing paint. The other significant
2cause is dust from bare lead-contaminated soil.
AB806-ASA2,9,73 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-ASA2,9,178 (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-ASA2,9,24 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, other than
21for the enforcement of rules promulgated by the department under this subchapter,
22for their acts or omissions related to lead poisoning or lead exposure of a person who
23resides in or has visited the dwelling or unit if, at the time that the lead poisoning
24or lead exposure occurred, a certificate of lead-free status or a certificate of lead-safe

1status was in effect for the dwelling or unit. This subsection does not apply if it is
2shown by clear and convincing evidence that one of the following has occurred:
AB806-ASA2,10,33 (a) The owner or his or her employe or agent obtained the certificate by fraud.
AB806-ASA2,10,54 (b) The owner or his or her employe or agent violated a condition of the
5certificate.
AB806-ASA2,10,96 (c) During renovation, remodeling, maintenance or repair after receiving the
7certificate, the owner or his or her employe or agent created a lead-bearing paint
8hazard that was present in the dwelling or unit of the dwelling at the time that the
9lead poisoning or lead exposure occurred.
AB806-ASA2,10,1210 (d) The owner or his or her employe or agent failed to respond in a timely
11manner to notification by a tenant, by the department or by a local health
12department that a lead-bearing paint hazard might be present.
AB806-ASA2,10,1413 (e) The lead poisoning or lead exposure was caused by a source of lead in the
14dwelling or unit of the dwelling other than lead-bearing paint.
AB806-ASA2,11,2 15(3) Temporary immunity; exception. (a) An owner of a dwelling or unit of a
16dwelling and his or her employes and agents are immune from civil and criminal
17liability and may not be subject to an agency proceeding under ch. 227, other than
18for the enforcement of rules promulgated by the department under this subchapter,
19for their acts or omissions related to lead poisoning or lead exposure that occur
20during the first 30 days after the owner acquires the dwelling or unit, except as
21provided in par. (b) 1. and except that this subsection does not apply to lead poisoning
22or lead exposure that results from a lead-bearing paint hazard created by the owner
23or his or her employe or agent. Except as provided in par. (b) 2., immunity under this
24subsection is extended for an additional 60 days if the owner of the dwelling or unit

1of a dwelling or his or her employe or agent has done one of the following during that
2first 30-day period:
AB806-ASA2,11,43 1. Completed a lead investigation report or entered into a contract for a lead
4investigation with respect to the dwelling or unit.
AB806-ASA2,11,65 2. Entered into a contract for lead hazard reduction with respect to the dwelling
6or unit.
AB806-ASA2,11,77 3. Registered for a course under s. 254.179 (1) (e).
AB806-ASA2,11,88 4. Received certification under s. 254.176.
AB806-ASA2,11,109 (b) 1. Immunity under par. (a) for the first 30 days after an owner acquires a
10dwelling or unit of a dwelling applies only if all of the following occur:
AB806-ASA2,11,1211 a. The owner obtains a certificate of lead-free status or a certificate of lead-safe
12status for the dwelling or unit.
AB806-ASA2,11,1513 b. The person issuing the certificate under subd. 1. a. certifies that the property
14was in compliance with the standards to obtain the certificate before that 30-day
15period ended.
AB806-ASA2,11,1816 2. Immunity under par. (a) for an additional 60 days following the first 30 days
17after an owner acquires a dwelling or unit of a dwelling applies only if all of the
18following occur:
AB806-ASA2,11,2019 a. The owner obtains a certificate of lead-free status or a certificate of lead-safe
20status for the dwelling or unit.
AB806-ASA2,11,2321 b. The person issuing the certificate certifies that the property was in
22compliance with the standards to obtain the certificate before that 60-day period
23ended.
AB806-ASA2, s. 24 24Section 24. 254.174 of the statutes is amended to read:
AB806-ASA2,12,11
1254.174 Technical advisory committees. Before the department may
2promulgate rules under s. 254.167, 254.168, 254.17 or 254.172 or 254.179, the
3department shall appoint a technical advisory committee under s. 227.13 and shall
4consult with the technical advisory committee on the proposed rules. Any technical
5advisory committee required under this section shall include representatives from
6local health departments that administer local lead programs, representatives from
7the housing industry, persons certified under s. 254.176 and, representatives from
8the medical or public health professions and advocates for persons at risk of lead
9poisoning
. Any technical advisory committee required under this section before
10promulgating rules under s. 254.168 shall also include representatives of facilities
11serving children under 6 years of age.
AB806-ASA2, s. 25 12Section 25. 254.176 (3) (b) of the statutes is repealed.
AB806-ASA2, s. 26 13Section 26. 254.178 (2) (b) of the statutes is repealed.
AB806-ASA2, s. 27 14Section 27. 254.179 of the statutes is created to read:
AB806-ASA2,12,18 15254.179 Rules for dwellings and premises. (1) Subject to s. 254.174 and
16after review of ordinances of cities, towns and villages in this state, the department
17shall, by use of a research-based methodology, promulgate as rules all of the
18following:
AB806-ASA2,12,2219 (a) Except as provided in s. 254.18, the standards for a premises, dwelling or
20unit of a dwelling that must be met for issuance of a certificate of lead-free status
21or a certificate of lead-safe status to the owner of the premises, dwelling or unit of
22a dwelling.
AB806-ASA2,12,2423 (b) The procedures by which a certificate of lead-free status or a certificate of
24lead-safe status may be issued or revoked.
AB806-ASA2,13,2
1(c) The period of validity of a certificate of lead-free status or a certificate of
2lead-safe status, including all of the following:
AB806-ASA2,13,63 1. Authorization for the certificate of lead-free status to remain in effect unless
4revoked because of erroneous issuance or because the premises, dwelling or unit of
5the dwelling is not free of lead-bearing paint. The rules shall specify that the face
6of the certificate shall indicate that the certificate is valid unless revoked.
AB806-ASA2,13,137 2. The standards limiting the length of validity of a certificate of lead-safe
8status, including the condition of a premises, dwelling or unit of a dwelling, the type
9of lead hazard reduction activity that was performed, if any, and any other
10requirements that must be met to maintain certification, unless the certificate is
11earlier revoked because of erroneous issuance or because the premises, dwelling or
12unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall
13specify that the face of the certificate shall indicate the certificate's length of validity.
AB806-ASA2,13,1614 (d) A mechanism for creating a registry of all premises, dwellings or units of
15dwellings for which a certificate of lead-free status or a certificate of lead-safe status
16is issued.
AB806-ASA2,13,2117 (e) The requirements for a course of up to 16 hours that a property owner or his
18or her employe or agent may complete in order to receive certification of completion
19and the scope of the lead investigation and lead hazard reduction activities that the
20owner, employe or agent may perform following certification, to the extent consistent
21with federal law.
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