HB-4936, As Passed House, June 26, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4936

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding sections 5478 and 5479; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5478. (1) It is the intent of the legislature that the

childhood lead poisoning prevention and control commission created

in the department under former section 5474a shall be continued

without interruption. To this end, the following 9 members

appointed by the governor with the advice and consent of the senate

and serving on the childhood lead poisoning prevention and control

commission on June 30, 2007 shall continue to serve on the

commission:

     (a) One member representing the department of community

health. The member appointed under this subdivision shall serve as

chairperson.

     (b) One member representing the department of human services.

     (c) One member representing the department of environmental

quality.

     (d) One member representing the Michigan state housing

development authority.

     (e) One member representing "Get the Lead Out!". The member

appointed under this subdivision shall be from a county with a

population of more than 500,000 but not more than 700,000.

     (f) One member representing a local health department located

in a county with a population of more than 170,000 but not more

than 200,000.

     (g) One member representing certified lead-abatement

contractors.

     (h) Two members representing the general public. One of the

members appointed under this subdivision shall be from a city with

a population of 750,000 or more and be a parent of a child who has

experienced lead poisoning or a child advocate who has experience

with lead poisoning in children. The second member appointed under

this subdivision shall represent property owners and developers in

this state.

     (2) Effective 30 days after the effective date of this

section, the childhood lead poisoning prevention and control

commission continued under subsection (1) shall consist of 16

voting members. In addition to the 9 members under subsection (1),

the following additional 7 members shall be appointed by the

governor within 30 days after the effective date of this section,

with the advice and consent of the senate:

     (a) One member representing the Michigan municipal league.

     (b) One member representing the department of labor and

economic growth.

     (c) One member representing the Michigan chapter of the

American academy of pediatrics.

     (d) One member representing the prosecuting attorneys

coordinating council.

     (e) One member representing the department of education.

     (f) One member representing the Michigan association of home

builders remodelors council.

     (g) One member representing the early childhood investment

corporation.

     (3) On and after the effective date of this section, the term

of office of individual members of the commission, except those

appointed to fill vacancies, expires 3 years after appointment on

December 31 of the year in which the term will expire. Members are

eligible for reappointment to the commission.

(4) Members of the commission shall serve without compensation

but, subject to appropriations, may receive reimbursement for their

actual and necessary expenses while attending meetings or

performing other authorized official business of the commission. If

a vacancy occurs on the commission, that vacancy shall be filled in

the same manner as the original appointment.

     (5) The commission may hold public hearings as it determines

necessary or appropriate to carry out its duties under this part.

The commission shall conduct its business at a public meeting held

in compliance with the open meetings act, 1976 PA 267, MCL 15.261

to 15.275. The commission shall give public notice of the time,

date, and place of the meeting in the manner required by the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

     (6) The commission shall make available a writing prepared,

owned, used, in the possession of, or retained by the childhood

lead poisoning prevention and control commission to the public in

compliance with the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

     (7) As used in this section and section 5479, "commission"

means the commission created and appointed by the governor under

former section 5474a and this section.

     (8) This section is repealed effective July 1, 2010.

     Sec. 5479. (1) The commission shall study the environmental

threats of lead poisoning to children's health, review this state's

lead poisoning prevention program, evaluate the effectiveness of

that program, including, but not limited to, the ability of the

program to satisfy federal law requirements that 100% of all young

children enrolled in medicaid shall be screened with a blood lead

test, and make recommendations for improvements to that program.

     (2) The commission shall consider all information received

from its public hearings, review information from other sources,

and study the experiences of other states. The commission shall

develop short- and long-range strategic recommendations for

childhood lead poisoning prevention and control in this state. The

recommendations shall include, but are not limited to, strategies

to:

     (a) Enhance public and professional awareness of lead

poisoning as a child health emergency.

     (b) Significantly increase blood lead testing rates for young

children.

     (c) Eliminate or manage the sources of lead poisoning,

especially focusing on lead-based paint in aged housing.

     (d) Assure state interagency as well as public and private

cooperation and communication regarding resolution of this complex

environmental and public health problem.

     (3) The childhood lead poisoning prevention and control

commission shall submit a written report of its findings, including

the recommendations under subsection (2), to the governor and the

legislature by March 31, 2008 and annually thereafter by March 31

of each year. A representative of the department of community

health shall provide testimony summarizing the findings and

recommendations of the commission to the standing committees of the

senate and house of representatives with jurisdiction over issues

pertaining to public health and children.

     (4) This section is repealed effective July 1, 2010.