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HB 117/FN (BR 839) - R. Meeks, J. Draud, C. Hoffman, D. Owens, T. Riner, A. Simpson
AN ACT relating to lead-based paint and lead hazards.
Amend KRS 211.900 to define "lead-based paint," "lead hazard," "lead-safe work practices," "clearance examination," "risk assessment," and "elevated blood lead levels"; change the date of dwelling construction and original painting from 1945 to 1960 in the definition of "at-risk persons"; amend KRS 211.903 to require testing for an elevated blood lead level as part of the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program; require the secretary to establish a statewide program for testing of at-risk persons and other target populations of children under age six years of age and pregnant women; require the cabinet to promulgate administrative regulations to establish methods and intervals for screening and testing, notifying health care providers of methods and intervals, guidelines for reporting of tests of blood lead levels to affected persons and the cabinet, and keeping and reporting on records of the incidence of elevated blood lead levels; amend KRS 211.905 to require remediation of lead hazards; amend KRS 211.994 to increase the fine for the failure to remove hazardous lead based substances within 30 days from $25 to $100.
HB 117 - AMENDMENTS
HCS/FN - Retain original provisions of the bill; delete amendments to KRS 211.905 relating to requirements for removing lead hazards; make technical correction.
SCS (1/FN) - Replace all text with the provisions of SB 188/HCS; add pregnant women to the definition of "at-risk persons"; delete the definition of "lead based hazard"; specify that when a child has an elevated blood level cabinet representatives shall inspect the dwelling and other places the child routinely spends more than 6 hours per week; delete Section 8 of SB 188/HCS requiring booster seats for children of a specified age, height, and weight; add the provisions of HB 334/GA to require persons age 16 and older to wear protective helmet when riding or operating an ATV; exempt requirement when the ATV is used for agricultural purposes; add the provisions of SB 39/GA to prohibit enforcement of rules or regulations promulgated by an air pollution control district until the local government governing body approves the rule or regulation; apply the prohibition to any rule or regulation adopted after June 1, 2005, that imposes more stringent regulation than those imposed by state or federal government until approved by three-fifths of the local government governing body.
SCS (2) - Amend KRS 214.155 to include all tests for heritable disorders to be performed as recommended by the American College of Medical Genetics; amend KRS 211.900 to add a definition of lead-based paint and lead-based hazard, add pregnant women and children 72 months of age and younger residing in a dwelling painted prior to 1978 in areas defined as high risk to the definition of "at-risk persons"; add definition of "elevated blood lead level"; add definition of "confirmed elevated blood lead level"; amend KRS 211.901 to delete lead testing requirements; amend KRS 211.902 to require reporting of blood lead tests with a 2.3 microgram per deciliter of whole blood lead level; require elevated blood lead level tests to be reported to the cabinet in an approved electronic form within 7 days; require the cabinet to promulgate administrative regulations to prescribe the format and content of the electronic report; exempt labs from repercussions of not reporting when the information is not reported to them; require the cabinet to analyze and geographically index reports by county annually and submit an annual report; amend KRS 211.903 to require priority for testing blood lead levels be given to persons 72 months of age and younger; amend KRS 211.905 to specify that when a child has an elevated blood level that cabinet representatives shall inspect the dwelling and other places the child routinely spends more than 6 hours per week; increase removal period from 30 to 60 days; amend KRS 200.658 to add members to the Kentucky Early Intervention System Interagency Coordinating Council; amend KRS 189.515 to require persons under age 16 to wear protective helmets when riding or operating an ATV; amend KRS 189.125, to require primary enforcement of the seat belt law; amend KRS 189.990 to specify the fine for violation of the mandatory seat belt law may be prepaid, and if prepaid the offender does not have to pay court costs; amend KRS 431.452 to conform; create a new section of KRS Chapter 189 to prohibit law enforcement agencies from erecting roadblocks for the sole purpose of checking for violations of the seat belt law; require the Transportation Cabinet to erect signs on the interstate system notifying motorists of the requirement to use seat belts on the Commonwealth; exempt all fines, not just prepaid fines, for violations of KRS 189.125(6) from court costs; prohibit road blocks for the sole purpose of enforcing any provision of KRS 189.125; add a new section to delay enforcement of the provisions of seat belt law until January 1, 2007, and require the officers issue a courtesy warning rather than a citation for a violation of KRS 189.125(6) until January 1, 2007.
SCA (1/Title, D. Seum) - Make title amendment.
SFA (1, J. Denton) - Retain orginal provisions of HB 117/SCS; make technical corrections.
SFA (2, D. Seum) - Insert provision that would suspend the operation of the mandatory ATV helmet provision for persons under 16 years of age on a county by county basis if the county has more than 500 unserved felony warrants.
SFA (3, J. Pendleton) - Retain provisions of HB 117/SCS; delete the exemption of the ATV headgear requirement when engaged in farm or agriculture related activities.
SFA (4, D. Williams) - Add the provisions of the original HB 86 with the following exceptions: apply the provisions of the seat belt requirement only to vehicles manufactured after 1981; remove exemption in the original bill for individuals who cannot properly fasten a seat belt; exempt all fines, not just prepaid fines, for violations of KRS 189.125(6) from court costs; prohibit road blocks for the sole purpose of enforcing any provision of KRS 189.125; add a new section to delay enforcement of the provisions of seat belt law until January 1, 2007, and require the officers issue a courtesy warning rather than a citation for a violation of KRS 189.125(6) until January 1, 2007.
(Prefiled by the sponsor(s).)
Jan 3-introduced in House; to Health and Welfare (H)
Feb 15-posted in committee
Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 24-2nd reading, to Rules
Feb 27-posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2006
Mar 1-3rd reading, passed 100-0 with Committee Substitute
Mar 2-received in Senate
Mar 6-to Health and Welfare (S)
Mar 21-taken from committee; 1st reading; returned to Health and Welfare (S)
Mar 22-reported favorably, 2nd reading, to Rules with Committee Substitute, committee amendment (1-title) ; floor amendments (1) and (2) filed to Committee Substitute
Mar 23-floor amendments (3) and (4) filed to Committee Substitute
Mar 24-posted for passage in the Regular Orders of the Day for Friday, March 24, 2006; 3rd reading; floor amendment (2) defeated ; passed 22-15 with Committee Substitute, committee amendment (1-title), floor amendments (1) (3) and (4); received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title), floor amendments (1) (3) and (4)
Apr 10-returned to Senate; received in Senate; bill reconsidered (change PASSED status); recommitted to Health and Welfare (S); reported favorably, to Rules with Committee Substitute (2) as a Consent Bill; posted for passage in the Consent Orders of the Day for Monday, April 10, 2006; floor amendments (1) (3) and (4) withdrawn ; Committee Substitute withdrawn; passed with 23-15 Committee Substitute (2), committee amendment (1-title)
Apr 11-received in House; posted for passage for concurrence in Senate Committee Substitute (2), committee amendment (1-title) ; House concurred in Senate Committee Substitute (2), committee amendment (1-title) ; passed 48-45
Apr 12-enrolled, signed by each presiding officer; delivered to Governor
Apr 18-signed by Governor (Acts ch. 180)
Vote History
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