SB232: Bill Text

SB232,26,8 3. Correcting conditions in which painted surfaces are rubbing, binding or being crushed, unless the paint does not contain lead.

SB232,26,10 4. Covering or restricting access to bare soil, unless it is found not to be lead-contaminated.

SB232,26,12 5. Performing specialized cleaning of work areas upon completion of other standard treatments.

SB232,26,15 6. Performing dust testing for the presence of lead of the work area that conforms with guidelines or regulations created by the federal department of housing and urban development following completion of standard treatments.

Note: Creates a provision requiring the DHFS to promulgate rules that set forth standard treatment measures which owners of dwellings constructed prior to January 1, 1950 are required to perform under s. 254.17 (6).

SB232,26,17 (f) Defining the term "abated" for the purposes of the definition of "certificate of abatement" in s. 254.11 (4e) and for the purposes of s. 254.17 (5) (b) 3.

Note: Creates a provision requiring the DHFS to promulgate rules defining "abated".

SB232,27,3 (2) The department may promulgate rules that set forth safe work practices that shall be followed in the demolition of a building constructed before January 1, 1978, to avoid exposure to lead hazards of persons in the area of the demolition.

Note: Creates a provision permitting the DHFS to promulgate rules that set forth safe work practices which must be followed in the demolition of a building constructed prior to January 1, 1978.

SB232, s. 25 Section 25. Chapter 606 of the statutes is created to read:

SB232,27,7 chapter 606 state residential lead liability fund

SB232,27,8 606.01 Definitions. In this chapter:

SB232,27,9 (1) "Certificate of abatement" has the meaning given in s. 254.11 (4e).

SB232,27,10 (2) "Certificate of lead-free status" has the meaning given in s. 254.11 (4m).

SB232,27,12 (3) "Certificate of lead hazard reduction" has the meaning given in s. 254.11 (4s).

SB232,27,18 606.05 Issuance of policies. The state residential lead liability fund may issue policies that insure residential property in this state against liability resulting from lead-bearing paint hazards. A policy may be issued by the fund only for property for which a certificate of abatement, a certificate of lead-free status or a certificate of lead hazard reduction is in effect. A policy may not cover periods during which a certificate is not in effect.

SB232,28,2 606.10 Rules. (1) Policies may be issued under s. 606.05 only if the manager makes a determination, as specified by rule, that insurance providing residential property owners with liability coverage for lead-bearing paint hazards is not sufficiently available in the private insurance market. Prior to making this determination, the manager shall work with insurers to encourage the offering of this coverage.

SB232,28,9 (2) The manager shall promulgate rules specifying premiums, coverage limits and covered expenses for policies issued under s. 606.05 and may promulgate other rules necessary to administer the state residential lead liability fund. The manager shall specify premiums at a level that the manager determines will be sufficient to pay all costs of the fund. The fund may not pay damages to a claimant when it is found by a court by clear and convincing evidence that one or more of the conditions in s. 254.173 (2) (a) to (e) exist.

Note: Creates a state residential lead liability fund to issue policies that insure residential property against liability resulting from lead-bearing paint hazards if one of 3 types of certificates is in effect for the property. Policies may be issued by the fund only if the fund "manager" (defined in current law as the commissioner of insurance) makes a determination, by rule, that this liability coverage is not sufficiently available in the private insurance market.

SB232, s. 26 Section 26. 901.055 of the statutes is created to read:

SB232,28,17 901.055 Admissibility of results of dust testing for the presence of lead. The results of a test for the presence of lead in household dust are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding unless the test was conducted by a lead inspector or lead risk assessor who is certified by the department of health and family services and who is not the owner of the property at which the test was performed or the owner's employe or agent.

Note: Specifies the inadmissibility of results of dust testing for the presence of lead under certain circumstances.

SB232, s. 27 Section 27 . Nonstatutory provisions; health and family services.

SB232,29,3 (1) Rules. The department of health and family services shall submit in proposed form the rules required under sections 254.168 (2m) and 254.177 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

Note: Requires the submission of rules required under ss. 254.168 (2m) and 254.177 to the legislative council rules clearinghouse by a specified time.

SB232, s. 28 Section 28 . Initial applicability.

SB232,29,7 (1) Immunity from liability. The treatment of section 254.173 of the statutes first applies to lead poisoning or lead exposure that occurs on the effective date of this subsection.

Note: Creates a nonstatutory provision establishing the initial applicability of the Section of the bill relating to liability.

SB232, s. 29 Section 29. Effective dates. This act takes effect on the day after publication, except as follows:

SB232,29,16 (1) The treatment of sections 254.11 (4e), (4m), (4s), (4v), (5m), (8p) and (9g), 254.13 (2), 254.156, 254.162 (1) (intro.), 254.166 (1) and (2) (intro.), (c) 2. and 3. and (e), 254.168 (2m), 254.171, 254.172, 254.173 and 901.055 and chapter 606 of the statutes, the renumbering of section 254.168 (1) to (7) of the statutes, the renumbering and amendment of sections 254.166 (2) (c) and 254.168 (intro.) of the statutes and the repeal and recreation of section 254.17 of the statutes take effect on the first day of the 16th month beginning after publication.

SB232,29,18 (2) The amendment of section 254.17 (3) (b) 3. and (6) (c) of the statutes takes effect on the first day of the 76th month beginning after the publication.

Note: Creates a nonstatutory provision establishing the effective dates for this legislation.

SB232,29,19 (End)