HB-4936, As Passed Senate, December 13, 2007

SENATE 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 reinstated

with minimal interruption. To this end, the following 9 members

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

under former section 5474a and serving on the childhood lead

poisoning prevention and control commission on June 30, 2007 shall

be reinstated 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.

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 reinstated 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.

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 seek input from the general public and all of

the following individuals or groups that have an interest in

childhood lead poisoning prevention and control:

(a) The Michigan association of osteopathic family physicians

or its successor organization.

(b) The Michigan nurses association or its successor

organization.

successor organization.

(d) The Michigan association of health plans or its successor

organization.

(e) The Michigan association for local public health or its

successor organization.

(f) Blue cross blue shield of Michigan or its successor

organization.

(g) The Michigan health and hospital association or its

successor organization.

(h) The Michigan head start association or its successor

organization.

(i) The Michigan council for maternal and child health or its

successor organization.

(j) Michigan's children or its successor organization.

(k) Michigan league for human services or its successor

organization.

(l) Detroit public schools or its successor organization.

(m) The rental property owners association or its successor

organization.

(n) The Michigan associated general contractors or its

successor organization.

(o) The Michigan association of realtors or its successor

organization.

(p) The Michigan environmental council or its successor

organization.

(q) The Michigan adult blood lead epidemiology and

surveillance program or its successor organization.

(r) The Michigan state university extension program or its

successor organization.

(s) The Detroit lead partnership or its successor

organization.

(t) The Michigan lead safe partnership or its successor

organization.

(u) The Detroit mayor's lead-based paint task force or its

successor organization.

(v) United parents against lead or its successor organization.

(w) The Michigan department of community health medical

services administration or its successor organization.

(x) The Michigan occupational safety and health administration

or its successor organization.

(y) The Michigan department of community health bureau of

laboratories or its successor organization.

(z) An occupational and environmental medicine specialist.

(aa) Parents or patient advocates of children who have

experienced lead poisoning.

(bb) A local housing authority.

(cc) A community reinvestment officer.

(dd) The Michigan state medical society or its successor

organization.

(ee) The Michigan academy of family physicians or its

successor organization.

(ff) Saint Mary's field neurosciences institute or its

successor organization.

(gg) The arc Michigan organization or its successor

organization.

(hh) Any other interested organization or association

concerned with the prevention, treatment, and control of lead

poisoning that the department determines necessary.

(6) 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. 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 do all of the following:

(a) Study and report on the environmental threats of lead

poisoning to children’s health, including, but not limited to, the

incidence of exposure, source of exposure, and degree of exposure.

(b) Review this state’s lead poisoning prevention program and

evaluate the effectiveness of the 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.

poisoning prevention program.

(d) Evaluate and report on whether there is a need to adjust

the lead content level referenced in the definitions of lead-

bearing substance and toxic substance in parts 54B and 54C in order

to reduce the incidence of lead poisoning in children.

(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 do all of the following:

(a) Enhance public and professional awareness of lead

poisoning as a child health emergency.

(b) Significantly increase blood lead testing rates for young

children.

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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

(a) Senate Bill No. 174.

(b) House Bill No. 4132.