Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 292.7. "Primary prevention",
for purposes of IC 16-41-39.4, means the removal or remediation,
including the use of interim controls, of lead hazards before lead
poisoning of an individual occurs.
SECTION 9. IC 16-18-2-315.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 315.8. "Remediation" means
actions that constitute:
(1) abatement (as defined in IC 13-11-2-0.5); or
(2) interim control (as defined in 24 CFR 35.110);
of a lead hazard.
SECTION 10. IC 16-18-2-349.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 349.5. "Tenant" has the
meaning set forth in IC 32-31-3-10.
SECTION 11. IC 16-41-39.4-3, AS AMENDED BY P.L.135-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) A person that examines the blood of an
individual described in section 2 of this chapter for the presence of lead
must report to the state department the results of the examination not
later than one (1) week after completing the examination. The report
must include at least the following:
(1) With respect to the individual whose blood is examined:
(A) the name;
(B) the date of birth;
(C) the gender;
(D) the race; and
(E)
any other information that is required to be included to
qualify to receive federal funding.
(2) With respect to the examination:
(A) the date;
(B) the type of blood test performed;
(C) the person's normal limits for the test;
(D) the results of the test; and
(E)
the person's interpretation of the results of the test.
(3) The names, addresses, and telephone numbers of:
(A) the person; and
(B)
the attending physician, hospital, clinic, or other specimen
submitter.
(b) If a person required to report under subsection (a) has submitted
more than fifty (50) results in the previous calendar year, the person
must submit subsequent reports in an electronic format determined by
the state department.
(c) Except as provided in subsection (d), if a person required to
report under subsection (a) fails to provide complete information
within ten (10) days after notification by the state department, the
state department may, in accordance with IC 4-21.5, assess a civil
penalty against the person in an amount equal to one thousand five
hundred dollars ($1,500) for each incomplete report that is
submitted after receipt of the notification. Money received by the
state department under this subsection shall be deposited in the
fund.
(d) Subsection (c) does not apply to a person who acts in good
faith to provide a complete report required under subsection (a),
but who:
(1) is unable to collect all of the information required for a
complete report; or
(2) provides incorrect information on a completed report.
SECTION 12. IC 16-41-39.4-3.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.1. (a) The childhood lead
poisoning prevention fund is established for the purpose of funding
childhood lead poisoning outreach and prevention activities. The
fund shall be administered by the state department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) civil penalties assessed under section 3 of this chapter;
(2) gifts; and
(3) appropriations from the general assembly.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SECTION 13. IC 16-41-39.4-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The lead-safe housing
advisory council is established to advise the state department
concerning housing related lead poisoning prevention activities.
and logistical support to the advisory council, including conference
telephone capability for meetings of the advisory council.
(g) Each member of the advisory council who is a state employee
is entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(h) A majority of the members appointed to the advisory council
is required for the advisory council to take action on any measure,
including final reports.
(i) This section expires July 1, 2011.
SECTION 14. IC 16-41-39.4-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A retail establishment
that sells paint or paint products shall do all of the following:
(1) Offer for sale a lead test kit that is capable of determining
the presence of a lead-based paint hazard.
(2) Provide to customers the federal Environmental
Protection Agency pamphlet "Protect Your Family from Lead
in Your Home" or a similar source of information approved
by the state department.
(3) Ensure that at least one (1) employee who provides advice
to customers concerning paint and paint products:
(A) attends a training program concerning lead hazards;
and
(B) provides training to other employees who provide
advice to customers concerning paint and paint products.
(b) A person that sells, offers for sale, or distributes a consumer
product shall not remove, erase, or obscure the visibility of a
statement that:
(1) the manufacturer or wholesaler of the consumer product
has placed on the consumer product or the container or
wrapper in which the consumer product is contained; and
(2) specifies that the consumer product contains or may
contain lead.
(c) A person shall not sell or offer for sale at wholesale or retail
or distribute a consumer product, surface coating material, a food
product, or food packaging that:
(1) is a banned hazardous substance under the federal
Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or
(2) has been determined by the state department to:
(A)
have a lead content that is greater than the lesser of the
lead content specifications for lead paint in 16 CFR 1303.2
or state law; and
(B)
pose a danger of childhood lead poisoning because the
product, material, or packaging is reasonably expected to
be accessible to, chewed by, or ingested by a child who is
less than seven (7) years of age.
(d) If the state department, based on:
(1) test results performed by a certified laboratory at the state
department's request;
(2) information received from a federal agency; or
(3) other reliable information;
has reason to believe that a person has violated this section, the
state department may, with or without a prior hearing, issue to the
person a cease and desist order if the commissioner determines a
cease and desist order is in the public interest. In addition to all
other remedies, the commissioner may bring an action in the name
and on behalf of the state against the person to enjoin the person
from violating this section.
(e) The state department or a local health department may at
any time during regular business hours inspect any premises where
consumer products are sold, offered for sale, or distributed to
establish compliance with this section.
(f) The state department may seize an item that is sold, offered
for sale, or distributed in violation of this section.
(g) The state department shall, not later than May 1, 2009,
adopt rules under IC 4-22-2 to implement this section. The rules
adopted under this subsection:
(1) may:
(A) establish exceptions under which items described in
subsection (c) may be sold, offered for sale, or distributed
upon the state department's determination that the risk
posed to children by the items is minimal; or
(B)
require labeling of an item or signage to reflect that the
item contains lead; and
(2) must be consistent with federal law.
SECTION 15. IC 16-41-39.4-9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The state department
shall, not later than July 1, 2009, adopt rules under IC 4-22-2 to
establish a lead-safe work practices training program for
contractors, renovators, and remodelers who:
(1) perform work on housing units that were built before
1978; and
(2) disturb lead-based paint in the housing units.
(b) The rules adopted under subsection (a) must:
(1) be consistent with the federal Department of Housing and
Urban Development Lead Safe Housing Rule requirements
for lead safe work practices training (24 CFR 53.1330(a)(4));
and
(2) provide for training courses taught in English and
Spanish.
SECTION 16. [EFFECTIVE UPON PASSAGE] (a) The legislative
council shall assign to a study committee during the 2008 interim
the responsibility to examine issues concerning requirements for:
(1) the division of family resources;
(2) child care providers; and
(3) children who are served by child care providers;
related to childhood lead poisoning prevention, including testing of
child care facilities that were built before 1978 and children in
child care.
(b) This SECTION expires December 31, 2008.
SECTION 17. An emergency is declared for this act.
Date: