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AB806-ASA2, s. 20 14Section 20. 254.17 of the statutes is repealed.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.
AB806-ASA2,13,24 22(2) By January 1, 2003, and every 2 years thereafter, the department shall
23review the rules under sub. (1) and shall promulgate changes to the rules if necessary
24in order to maintain consistency with federal law.
AB806-ASA2,14,4
1(3) Subject to s. 254.174, the department may promulgate rules that set forth
2safe work practices that shall be followed in the demolition of a building constructed
3before January 1, 1978, to avoid exposure by persons to lead hazards in the area of
4the demolition.
AB806-ASA2, s. 28 5Section 28. 254.18 of the statutes is created to read:
AB806-ASA2,14,10 6254.18 Lead hazard reduction in dwellings and premises. Sampling or
7testing of dwellings, units of dwellings or premises for the presence of lead-bearing
8paint or a lead hazard is not required before lead hazard reduction activities are
9conducted if the presence of lead-bearing paint or a lead hazard is assumed and the
10lead hazard reduction activities are performed in a lead-safe manner.
AB806-ASA2, s. 29 11Section 29. 254.181 of the statutes is created to read:
AB806-ASA2,14,17 12254.181 Certificate of lead-free status and certificate of lead-safe
13status; fees.
The department may impose a fee of $50 for issuance of a certificate
14of lead-free status and a fee of $25 for issuance of a certificate of lead-safe status.
15Fees under this section may not exceed actual costs of issuance and of maintaining
16the registry under s. 254.179 (1) (d). The department shall review the fees every 2
17years and adjust the fees to reflect the actual costs.
AB806-ASA2, s. 30 18Section 30. 254.182 of the statutes is created to read:
AB806-ASA2,14,23 19254.182 Repayment to general fund. The secretary of administration shall
20transfer from the appropriation account under s. 20.435 (1) (gm) to the general fund
21the amount of $735,000 when the secretary of administration determines that
22program revenues from fees imposed under ss. 254.176 (3) (e) and (4), 254.178 (2) (d)
23and 254.181 are sufficient to make the transfer.
AB806-ASA2, s. 31 24Section 31. 901.055 of the statutes is created to read:
AB806-ASA2,15,5
1901.055 Admissibility of results of dust testing for the presence of lead.
2The results of a test for the presence of lead in dust are not admissible during the
3course of a civil or criminal action or proceeding or an administrative proceeding
4unless the test was conducted by a person certified for this purpose by the
5department of health and family services.
AB806-ASA2, s. 32 6Section 32 . Nonstatutory provisions.
AB806-ASA2,15,157 (1) Rules concerning lead for dwellings, units of dwellings and premises.
8T
he department of health and family services shall submit in proposed form the rules
9required under section 254.179 (1) of the statutes, as created by this act, to the
10legislative council staff under section 227.15 (1) of the statutes no later than the first
11day of the 7th month beginning after the effective date of this paragraph. In
12submitting the rules, the department shall include a summary of the differences
13between standards under the rules proposed to meet the requirement of section
14254.179 (1) (a) of the statutes, as created by this act, and standards under a similar
15ordinance of a 1st class city.
AB806-ASA2,16,916 (2) Supplement for registry of lead-free or lead-safe properties. The
17department of health and family services may request the joint committee on finance
18to supplement, from the appropriation account under section 20.865 (4) (a) of the
19statutes, the appropriation account under section 20.435 (1) (a) of the statutes, to pay
20initial costs of establishing under section 254.179 (1) (d) of the statutes, as created
21by this act, a registry of properties that are issued certificates of lead-free status or
22certificates of lead-safe status. If the department of health and family services
23requests supplementation of the appropriation account under section 20.435 (1) (a)
24of the statutes, the department shall submit a plan to the joint committee on finance
25to expend not more than $520,000 for fiscal year 2000-01. If the cochairpersons of

1the committee do not notify the secretary of the department within 14 working days
2after the date of the department's submittal that the committee intends to schedule
3a meeting to review the request, the appropriation account shall be supplemented
4as provided in the request. If, within 14 working days after the date of the
5department's submittal, the cochairpersons of the committee notify the secretary of
6the department that the committee intends to schedule a meeting to review the
7request, the appropriation account shall be supplemented only as approved by the
8committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee
9is not required to find that an emergency exists.
AB806-ASA2,16,1610 (3) Registry of lead-free and lead-safe properties; limitation on funding.
11Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information
12under section 16.42 of the statutes for purposes of the 2001-2003 biennial budget
13bill, the department of health and family services shall submit information
14concerning the appropriation under section 20.435 (1) (a) of the statutes as though
15any supplementation, under Section 32 (2) of this act, of the dollar amount of that
16appropriation had not been made.
AB806-ASA2,16,2217 (4) Lead paint hazard reduction; limitation on funding. Notwithstanding
18section 16.42 (1) (e) of the statutes, in submitting information under section 16.42
19of the statutes for purposes of the 2001-2003 biennial budget bill, the department
20of health and family services shall submit information concerning the appropriation
21under section 20.435 (1) (a) of the statutes as though the increase in the dollar
22amount of that appropriation by Section 33 (1 ) of this act had not been made.
AB806-ASA2,17,223 (5) Lead paint hazards outreach and abatement. In submitting information
24under section 16.42 (1) of the statutes for purposes of the 2001-2003 biennial budget
25bill, the department of health and family services shall submit a proposal, including

1a request for additional funding, to conduct lead paint hazards outreach and
2abatement activities.
AB806-ASA2,17,73 (6) Rehabilitation of rental property for low-income persons. In submitting
4information under section 16.42 (1) of the statutes for purposes of the 2001-2003
5biennial budget bill, the Wisconsin housing and economic development authority
6shall submit a proposal to rehabilitate rental property for low-income persons in
7Wisconsin.
AB806-ASA2,17,178 (7) Allocation of oil overcharge funds to energy programs.
9Notwithstanding section 14.065 of the statutes, the secretary of administration shall
10allocate all oil overcharge restitution funds and all accruing interest earnings on
11those funds under section 20.505 (1) (md) of the statutes that are not approved for
12expenditure on the effective date of this subsection, for energy programs under
13section 16.95 of the statutes to provide energy efficient window replacements in
14rental properties owned by persons who seek a certificate of lead-free status, as
15defined in section 254.11 (4g) of the statutes, as created by this act, or a certificate
16of lead-safe status, as defined in section 254.11 (4h) of the statutes, as created by this
17act.
AB806-ASA2,18,518 (8) Report on liability insurance for lead paint hazards. The office of the
19commissioner of insurance shall review the cost and availability of insurance in the
20private market that provides residential property owners with liability coverage for
21lead-bearing paint hazards. On the basis of the review, the office shall, no later than
22October 1, 2002, prepare and submit to the appropriate standing committees of the
23legislature in the manner provided under section 13.172 (3) of the statutes a report
24on whether such insurance is sufficiently affordable and sufficiently available in the
25private insurance market. If the office determines and provides in its report that

1such insurance is not either sufficiently affordable or sufficiently available in the
2private insurance market, the office shall submit drafting instructions to the
3legislative reference bureau for proposed legislation to create a state residential lead
4liability fund and shall include such proposed legislation in its 2003-05 biennial
5budget request under section 16.42 of the statutes.
AB806-ASA2, s. 33 6Section 33 . Appropriation changes.
AB806-ASA2,18,137 (1) Certification for performance of lead paint hazard reduction. In the
8schedule under section 20.005 (3) of the statutes for the appropriation to the
9department of health and family services under section 20.435 (1) (a) of the statutes,
10as affected by the acts of 1999, the dollar amount is increased by $215,000 for fiscal
11year 2000-01 to increase the authorized FTE positions for the department by 5.0
12positions on January 1, 2001, and to provide supporting costs to perform certification
13for performance of lead paint hazard reduction.
AB806-ASA2,18,2014 (2) Supplement for registry of lead-free or lead-safe properties. In the
15schedule under section 20.005 (3) of the statutes for the appropriation to the joint
16committee on finance under section 20.865 (4) (a) of the statutes, as affected by the
17acts of 1999, the dollar amount is increased by $520,000 for fiscal year 2000-01 to
18increase funding to provide payment for initial costs of establishing a registry of
19properties that are issued certificates of lead-free status or certificates of lead-safe
20status.
AB806-ASA2, s. 34 21Section 34 . Initial applicability.
AB806-ASA2,18,2422 (1) Immunity from liability for lead poisoning or lead exposure. The
23treatment of section 254.173 of the statutes first applies to lead poisoning or lead
24exposure that occurs on the effective date of this subsection.
AB806-ASA2, s. 35
1Section 35. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB806-ASA2,19,63 (1) The treatment of sections 254.11 (8d), 254.166 (2) (c) and (e), 254.172,
4254.173 and 901.055 of the statutes, the creation of section 254.166 (2) (c) 2. and 3.
5of the statutes and Section 34 (1) of this act take effect on the first day of the 16th
6month beginning after publication.
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