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A142, R185, H3582
STATUS INFORMATION
General Bill
Sponsors: Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair
Document Path: l:\council\bills\nbd\11192ac05.doc
Introduced in the House on February 16, 2005
Introduced in the Senate on April 28, 2005
Last Amended on May 26, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Signed
Summary: Childhood Lead Poisoning Prevention Control Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/16/2005 House Introduced and read first time HJ-56
2/16/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-57
4/19/2005 House Committee report: Favorable Medical, Military, Public
and Municipal Affairs HJ-7
4/26/2005 House Read second time HJ-29
4/27/2005 House Read third time and sent to Senate HJ-14
4/28/2005 Senate Introduced and read first time SJ-11
4/28/2005 Senate Referred to Committee on Medical Affairs SJ-11
5/25/2005 Senate Committee report: Favorable Medical Affairs SJ-28
5/26/2005 Senate Amended SJ-333
5/26/2005 Senate Read second time SJ-333
5/31/2005 Senate Read third time and returned to House with amendments
SJ-28
6/1/2005 House Concurred in Senate amendment and enrolled HJ-81
6/2/2005 Ratified R 185
6/7/2005 Signed By Governor
6/13/2005 Copies available
6/13/2005 Effective date 06/07/05
6/16/2005 Act No. 142
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/16/2005
4/19/2005
5/25/2005
5/26/2005
(A142, R185, H3582)
AN ACT TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO REVISE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, BUT DOES NOT PROHIBIT INTRODUCTION OF EVIDENCE IN ANOTHER ACTION OF FAILURE TO COMPLY WITH THIS ARTICLE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
Be it enacted by the General Assembly of the State of South Carolina:
Childhood lead poisoning prevention and control
SECTION 1. Article 13, Chapter 53, Title 44 of the 1976 Code is amended to read:
Section 44-53-1310. This article may be cited as the 'Childhood Lead Poisoning Prevention and Control Act'.
Section 44-53-1320. As used in this article, unless the context requires otherwise:
(1) 'Accessible surface' means any protruding interior or exterior surface that a child can mouth or chew including, but not limited to, an interior windowsill.
(2) 'Child' or 'children' means a person under six years of age.
(3) 'Childcare facility' means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Dwelling' means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure.
(6) 'Dwelling unit' means a room, group of rooms, or other areas of a dwelling.
(7) 'Friction surface' means an interior or exterior surface subject to abrasion or friction including, but not limited to, a window or stair tread.
(8) 'Householder' means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent.
(9) 'Impact surface' means an interior or exterior surface subject to damage by repeated impact on contact including, but not limited to, doors and door jambs.
(10) 'Lead-based hazard' means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.
(11) 'Lead-base substance' means paint, lacquer, glaze, or other material containing more than six hundredths of one percent (0.06 percent) lead by weight, or seven-tenths or more milligrams per square centimeter (0.7 mg/cm²) of lead in the dried paint film applied. Standards for lead-contaminated dust and lead-contaminated soil must be the same as those established by the United States Environmental Protection Agency.
(12) 'Person' means an individual, firm, corporation, association, trust, or partnership.
(13) 'Lead poisoning' means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control.
Section 44-53-1350. The provisions of this article do not apply to items that are exempt pursuant to federal law.
Section 44-53-1360. (A) The department may establish a program for the early diagnosis of cases of childhood lead poisoning. The program must provide for systematic examination for lead poisoning of children at risk residing within the State. Examinations must be made by such means and at such intervals as the department determines to be medically necessary.
The program must give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found.
(B) When the department is notified of a case of lead poisoning, the department shall examine or refer for examination within thirty days all other children under six years of age, and other children as the department finds advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim or in a childcare facility occupied by the victim, unless the parents or guardian of the child objects to the examination because it conflicts with his or her religious beliefs or practices.
The department shall maintain comprehensive records of all examinations conducted pursuant to this section. These records are strictly confidential and may not be released except as required by law or by court order.
Section 44-53-1370. The department may institute a childhood lead poisoning prevention education program. The program shall emphasize the dangers and sources of lead poisoning and the methods of lead poisoning prevention and lead-based hazard remediation.
Section 44-53-1380. (A) If a physician, hospital, public health nurse, or other diagnosing person or agency knows or has reason to believe that a child he or she examines or treats has or is suspected of having lead poisoning, the person shall notify the department within seven days. The department shall specify the procedure to be followed and shall provide the necessary forms.
(B) A laboratory doing business in this State shall notify the department of the results of any blood lead analyses conducted on children under six years of age; this notification must be submitted to the department within thirty days of completion of the analysis.
Section 44-53-1390. When the department is notified of a lead poisoning case, the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the department may obtain an administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.
Section 44-53-1400. The issuance and execution of an administrative warrant to investigate must be as follows:
(1) A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, 'probable cause' exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant.
(2) A warrant must be issued only upon an affidavit of a department employee designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be investigated, the purpose of the investigation, and, where appropriate, the type of property to be investigated. The warrant must authorize the removal of samples of objects for laboratory analysis, where appropriate. The warrant must be directed to a designated department employee to execute it. The warrant must state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support of the warrant. The warrant must command the person to whom it is directed to investigate the area, premises, building, or conveyance identified for the purpose specified and, where appropriate, authorize removal of samples of objects for laboratory analysis. The warrant must direct that it be served during reasonable hours and must designate the judge or magistrate to whom it must be returned.
(3) A warrant issued pursuant to this section must be executed and returned within ten days of the date of issuance.
(4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection with the warrant and shall cause these papers to be filed with the court which issued the warrant.
Section 44-53-1430. (A) If a child resides in a dwelling or dwelling unit or is routinely present at a childcare facility in which a lead-based hazard has been identified, the department shall:
(1) post in or upon the dwelling, dwelling unit, or childcare facility, in a conspicuous place, notice of the existence of the hazard. The notice must not be removed until the department determines that the identified lead-based hazard has been remediated.
(2) give written notice of the existence of the lead-based hazard to the householder occupying the dwelling, dwelling unit, or childcare facility.
(3) give written notice of the existence of the lead-based hazard to the property owner and order that the hazard be remediated within a reasonable period of time.
(B) The property owner of a building subject to this article has the right to appeal the order of the department as a contested case.
Section 44-53-1440. A person must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children which has been posted and ordered remediated of lead-based hazards until the identified hazards have been remediated. If the presence of the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children, the family of the children must not be evicted for that reason.
Section 44-53-1450. The department may promulgate regulations as necessary to carry out the intent and provisions of this article.
Section 44-53-1460. Nothing in this article may be interpreted or applied in any manner to defeat or impair the right of a person, municipality, or other political entity to maintain an action or suit for damages sustained, or equitable relief of, for violation of an ordinance by reason of, or in connection with, a violation of this article.
Section 44-53-1480. A person who knowingly violates a provision of this article or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned not more than the maximum allowed by the magistrates' courts in this State. Each day's violation constitutes a separate offense. Isolated lead-based hazard violations existing in dwellings, dwelling units, or childcare facilities must be considered separate violations.
Section 44-53-1485. A person who violates a provision of this article or a final determination or order of the department issued pursuant to this article is subject to a civil penalty not to exceed one thousand dollars a day.
Section 44-53-1490. (A) A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation.
(B) This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action.
Section 44-53-1495. The provisions of this article are contingent upon the appropriation of state general funds or the availability of financial support from other sources."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2005.
Approved the 7th day of June, 2005.
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