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AB806-ASA2, s. 25 12Section 25. 254.176 (3) (b) of the statutes is repealed.
AB806-ASA2, s. 26 13Section 26. 254.178 (2) (b) of the statutes is repealed.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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