Preventing Lead Poisoning in Indiana:

HB-1171 Filling the Gaps in Existing Programs

In 2001, SB-320 almost passed the Indiana General Assembly.  Senator Gard of Greenfield authored the bill.  After reaching a verbal agreement in conference committee, time ran out for the legislation to get passed.  For details on SB-320 see IKE's information or the Indiana General Assemblies archives.  The archives include all versions of the bill, amendments, fiscal impact statements and votes.

In 2002, the Task Force is promoting a new and improved version:  HB-1171.  For IKE's overview.  For the General Assembly's status report.   Rep. Avery of Evansville is the author this time.  Reps. Porter and Atterholt - both of Indianapolis - are coauthors. 

On January 16, 2002, the bill was heard by the House Environmental Committee.  Thanks to Rep. Weinzapfel, Committee Chair, for hearing the bill at the Committee's first meeting and giving it fair and serious consideration.  The Committee made two changes and voted nearly unanimously to support the bill.  The first change eliminated the requirement that clinical laboratories report parent or guardian name for negative blood lead tests.  The second dropped the directive to have the Environmental Quality Service Council consider following Wisconsin's lead in giving landlords limited liability exemption if they take proactive steps.

For a 2-page, PDF summary of the bill.  For FAQs and Background materials. 

So what are the changes for 2002 from SB-320?

• Requires all labs to report blood lead tests on children six years or younger. Currently, they only report positives. This requirement will not only allow public health education and outreach programs to be more effective but it will help Indiana to meet a new federal mandate. If full reporting is not in place by July 1, 2003, the Centers for Disease Control and Prevention may deny Indiana State Department of Health and the Marion County Health Dept of $500,000 in annual funding.
• Asks the Environmental Quality Service Council to evaluate whether landlords should be exempted from lead poisoning liability from tenants if they proactively make their homes lead-safe or lead-free. Landlords were concerned that tenant children get poisoned elsewhere or mess up the house and get poisoned and are seeking some protection. Wisconsin has just completed rules that will set up a similar system. By this summer we should have some insight into whether the approach works or not.
• Drops the requirement that the Governor appoint a Lead-Safe Interagency Coordinator. Four state agencies, 62 local housing agencies and 95 local health departments have responsibilities for preventing lead poisoning in children. We thought a coordinator was needed to coordinate the work to ensure kids did not fall in the cracks of the efforts. Unfortunately, with the fiscal crises, this coordinator is not possible.