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PAG LIN 1 1 Section 1. Section 135.104, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. A screening program for children, with emphasis on 1 4 children less thanfivesix years of age. 1 5 Sec. 2. Section 135.105, Code 1995, is amended by adding 1 6 the following new subsection: 1 7 NEW SUBSECTION. 3. Develop rules by January 1, 1996, and 1 8 adopt rules by July 1, 1996, to provide for lead hazard 1 9 inspections and the required mitigation of lead hazards in the 1 10 case of a lead-poisoned child. The department shall consult 1 11 with federal, state, and local governments and agencies in 1 12 developing the rules. The rules shall be consistent with the 1 13 recommendations of the centers for disease control and 1 14 prevention of the United States department of health and human 1 15 services. 1 16 Sec. 3. NEW SECTION. 135.105A LEAD INSPECTOR AND LEAD 1 17 ABATER TRAINING AND CERTIFICATION ESTABLISHED. 1 18 The department shall establish a program for the training 1 19 and certification of lead inspectors and lead abaters. The 1 20 department shall consult with federal, state, and local 1 21 governments and agencies in developing the training and 1 22 certification program. The department shall maintain a 1 23 listing, available to the public and to local health 1 24 departments, of lead inspectors and lead abaters who have 1 25 successfully completed the training program and have been 1 26 certified by the department. The department shall develop 1 27 rules by January 1, 1996, and adopt rules by July 1, 1996, 1 28 regarding training, certification, suspension, and revocation 1 29 requirements and shall establish fees in amounts sufficient to 1 30 defray the costs of the training and certification program. 1 31 The rules shall also prohibit a certified lead inspector from 1 32 also obtaining certification as a lead abater. The programs 1 33 shall be implemented no earlier than July 1, 1996. 1 34 Sec. 4. NEW SECTION. 135.105B DEVELOPMENT OF STANDARDS 1 35 FOR LEAD INSPECTION AND ABATEMENT. 2 1 1. The department shall develop standards by January 1, 2 2 1996, and adopt standards by July 1, 1996, regarding 2 3 inspection for lead-based paint and lead hazards and for 2 4 abatement of lead hazards, including lead-based paint and lead 2 5 hazards found in privately owned homes and rental property. 2 6 The standards shall include but are not limited to definitions 2 7 of "interim controls", "lead abatement", "lead hazard", "lead 2 8 inspection", "lead-based paint", and "lead-poisoned child". 2 9 The department shall consult with federal, state, and local 2 10 governments and agencies in developing the standards. 2 11 2. The methods developed for lead inspections and 2 12 abatement shall include, but are not limited to, the 2 13 following: 2 14 a. Performance of lead inspections that are sufficient to 2 15 detect the presence of lead-based paint and lead hazards. The 2 16 methods shall provide for the use of laboratories, approved by 2 17 the department, for any lead inspection which necessitates the 2 18 use of a laboratory to detect the presence of lead in samples 2 19 of substances from premises. 2 20 b. Techniques approved by the department to abate lead 2 21 hazards, with consideration of reliability, effectiveness, and 2 22 affordability. The standards shall include provisions for the 2 23 protection of personal health and safety, hazard awareness, 2 24 proper cleanup procedures, and other measures necessary to 2 25 protect residents and workers. 2 26 c. Procedures for follow-up inspections and recordkeeping 2 27 to ensure that abatement is completed. 2 28 Sec. 5. NEW SECTION. 135.105C REQUIREMENTS &endash; PROVISIONS 2 29 &endash; PENALTY. 2 30 1. Beginning July 1, 1996, a person shall not do any of 2 31 the following: 2 32 a. Train lead inspectors or lead abaters unless the person 2 33 is trained and certified in accordance with the rules 2 34 established for training and certification by the department 2 35 and unless the training program has been approved by the 3 1 department. 3 2 b. Perform lead abatement work for compensation unless the 3 3 person is certified as a lead abater. A person shall not 3 4 perform lead inspections for compensation unless the person is 3 5 certified as a lead inspector. Certification is not required 3 6 for persons who perform lead abatement work or lead 3 7 inspections without compensation. 3 8 2. If federal funding is received, beginning January 1, 3 9 1997, a person who violates this section is subject to a civil 3 10 penalty not to exceed five thousand dollars for each offense. 3 11 Sec. 6. Section 453A.13, subsection 3, Code 1995, is 3 12 amended to read as follows: 3 13 3. FEES &endash; EXPIRATION. All permits provided for in this 3 14 division shall expire on June 30 of each year. A permit shall 3 15 not be granted or issued until the applicant has paid for the 3 16 period ending June 30 next, to the department or the city or 3 17 county granting the permit, the fees provided for in this 3 18 division. The annual state permit fee for a distributor, 3 19 cigarette vendor, and wholesaler is one hundred dollars when 3 20 the permit is granted during the months of July, August, or 3 21 September. However, whenever a state permit holder operates 3 22 more than one place of business, a duplicate state permit 3 23 shall be issued for each additional place of business on 3 24 payment of five dollars for each duplicate state permit, but 3 25 refunds as provided in this division do not apply to any 3 26 duplicate permit issued. 3 27 The minimum fee schedule for retail permits is as follows 3 28 when the permit is granted during the months of July, August, 3 29 or September: 3 30 a. In places outside any city, fifty dollars. 3 31 b. In cities of less than fifteen thousand population, 3 32 seventy-five dollars. 3 33 c. In cities of fifteen thousand or more population, one 3 34 hundred dollars. 3 35 If any permit is granted during the months of October, 4 1 November, or December, the fee shall be three-fourths of the 4 2above maximum scheduleannual fee; if granted during the 4 3 months of January, February, or March, one-half of themaximum4 4scheduleannual fee, and if granted during the months of 4 5 April, May, or June, one-fourth of themaximum scheduleannual 4 6 fee. 4 7 The city or county may establish fees above the minimum fee 4 8 schedule. All retail permit fees above the minimum fee 4 9 schedule shall be retained by the city or county imposing the 4 10 extra fee and shall be used by the state, city, or county for 4 11 the exclusive purpose of enforcing section 453A.2. 4 12 Sec. 7. Section 453A.56, Code 1995, is amended to read as 4 13 follows: 4 14 453A.56 UNIFORM APPLICATION. 4 15 1. Enforcement of this chapter shall be implemented in an 4 16 equitable manner throughout the state. For the purpose of 4 17 equitable and uniform implementation, application, and 4 18 enforcement of state and local laws and regulations, the 4 19 provisions of this chapter shall supersede any local law or 4 20 regulation which is inconsistent with or conflicts with the 4 21 provisions of this chapter. 4 22 2. Notwithstanding subsection 1, a city or county may 4 23 establish fees for retail cigarette permits which are in 4 24 excess of the minimum fee schedule established pursuant to 4 25 section 453A.13. 4 26 Sec. 8. CONTINGENCY. Implementation of sections 3 through 4 27 5 of this Act is contingent upon the receipt of federal 4 28 funding specifically for the implementation of a program to 4 29 train and certify lead inspectors and lead abaters. 4 30 EXPLANATION 4 31 This bill authorizes the Iowa department of public health 4 32 to develop rules for the inspection and mitigation of lead 4 33 hazards in the case of lead-poisoned children. The department 4 34 is also required to establish a training and certification 4 35 program for lead inspectors and lead abaters contingent upon 5 1 receipt of federal funding. 5 2 Section 1 expands the lead screening program to apply to 5 3 children from less than age five to children less than age 5 4 six. 5 5 Section 2 requires the department to adopt rules by January 5 6 1, 1996, for the inspection and mitigation of lead hazards in 5 7 cases of lead-poisoned children. 5 8 Section 3 creates a lead inspector and abater certification 5 9 program. 5 10 Section 4 requires the department to adopt standards for 5 11 inspection for lead hazards and the abatement of lead hazards 5 12 including lead hazards found in privately owned homes and 5 13 rental property. 5 14 Section 5 prohibits individuals from training lead 5 15 inspectors and abaters, conducting lead inspections for 5 16 compensation, or abating lead hazards for compensation unless 5 17 certified, beginning July 1, 1996. The bill imposes a civil 5 18 penalty of up to $5,000 per violation beginning January 1, 5 19 1997. 5 20 The bill also authorizes city and county governments to 5 21 increase retail permit fees above the existing fee schedule 5 22 for the purposes of enforcing laws regarding tobacco sales to 5 23 persons under legal age. 5 24 Section 6 modifies the current retail fee schedule to allow 5 25 the city and county governments to increase fees to fund 5 26 enforcement of under-aged tobacco purchase laws. 5 27 Section 7 amends the uniform application provision of the 5 28 cigarette and tobacco taxes chapter to enable local government 5 29 discretion in increasing retail permit fees. 5 30 Section 8 specifies that implementation of sections 3 5 31 through 5 of the bill is contingent on the receipt of federal 5 32 funds specifically available to implement these sections. 5 33 LSB 1853SC 76 5 34 pf/jj/8
Text: SSB00059 Text: SSB00061 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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