Governor Doyle: Governor Doyle Vetoes Senate Bill 402

Contact:
Anne Lupardus, Office of the Governor, 608-261-2162

SB 402 Would Shield Lead Paint Industry from

Lawsuits of Those Poisoned by Lead Paint

MILWAUKEE – Governor Jim Doyle today vetoed Senate Bill 402, legislation that would have shielded lead paint manufacturers from claims brought by families of children poisoned by lead-based paint.

“Every day, lead continues to seep from paint on windowsills of Milwaukee’s oldest homes and into the blood, bones, and brains of this area’s poorest kids,” Governor Doyle said. “Kids poisoned by lead paint face significant – and potentially lifelong – medical costs that they should not be forced to bear alone. They should have some recourse against the companies that manufactured it, and that is why I am pleased to announce that I am vetoing Senate Bill 402.”

SB 402 is the Legislature’s response to Thomas v. Mallett, the 2005 Wisconsin Supreme Court decision that allowed those poisoned by lead paint to bring legal action against lead paint manufacturers. SB 402 would have undone the effect of this decision and shielded the lead paint industry from any claims brought by those injured by the ingestion of lead paint.

Governor Doyle made the announcement at the 16th Street Community Center surrounded by families of children poisoned by lead paint. Although lead paint poisoning is a state and nation-wide problem, it is especially prevalent in Milwaukee, where the rate of affected children is almost six times the national average – 9.8 percent versus 1.6 percent nationwide.

“This bill puts lead paint companies first and children last,” Governor Doyle said. “It is an attempt to whitewash decades of negligence by the lead paint companies. Many of these companies knew there was reason to believe their product was dangerous, yet they ignored that evidence in order to turn a profit. There is no reason why these companies should be given special legal protections given their documented record of endangering America’s children.”

Ensuring that Wisconsin’s kids are healthy and safe is a large part of Governor Doyle’s KidsFirst agenda, which includes programs to educate parents about the dangers of lead poisoning and cut down on occurrences of lead paint poisoning. Part of the state’s worker training certification program includes measures to ensure that the people who are out in the field are knowledgeable about the lead issue, what to look for, and how to work safely with lead based paint.

Under Governor Doyle’s direction, the state also works to maximize the funding that already comes into Wisconsin for lead hazard reduction activity, including federal funding such as U.S. Department of Housing and Urban Development (HUD) grants and Community Development Block Grant funds, state funds that are available for the lead prevention program, and private funds, such as Blue Cross/Blue Shield.

Wisconsin’s Department of Health and Family Services (DHFS) works with local health departments statewide on a variety of lead paint poisoning prevention strategies and encourages local agencies to include preventive programs and strategies in the work plan they submit to the state for lead hazard reduction funding.

Read Governor Doyle’s veto message at: http://www.wisgov.state.wi.us/docview.asp?docid=5749