1.1 	A bill for an act
1.2 	relating to health; changing provisions in the Lead Poisoning Prevention 
1.3 	Act; prohibiting the sale of items containing lead; requiring a lead reduction 
1.4 	study;amending Minnesota Statutes 2004, sections 144.9501, subdivisions 1, 
1.5 	2, by adding a subdivision; 144.9503, subdivision 3; 144.9507, by adding a 
1.6 	subdivision; 256B.0625, by adding a subdivision; proposing coding for new 
1.7 	law in Minnesota Statutes, chapters 144; 325E; repealing Minnesota Statutes 
1.8 	2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, 10; Minnesota Statutes 2005 
1.9 	Supplement, section 119A.46, subdivisions 1, 2, 3, 8.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 144.9501, subdivision 1, is amended to 
1.12 	read:
1.13 		Subdivision 1.Citation. Sections  144.9501 to  144.9509 144.9512 may be cited 
1.14 	as the "Lead Poisoning Prevention Act." 

1.15 	Sec. 2. Minnesota Statutes 2004, section 144.9501, subdivision 2, is amended to read:
1.16 		Subd. 2.Applicability. The definitions in this section apply to sections  144.9501 to  
1.17 	144.9509 144.9512. 

1.18 	Sec. 3. Minnesota Statutes 2004, section 144.9501, is amended by adding a subdivision 
1.19 	to read:
1.20 		Subd. 9a.Eligible organization. "Eligible organization" means a city, board of 
1.21 	health, community health department, community action agency, nonprofit organization, 
1.22 	or community development corporation.

1.23 	Sec. 4. Minnesota Statutes 2004, section 144.9503, subdivision 3, is amended to read:
2.1 		Subd. 3.Primary prevention lead education strategy. The commissioner of 
2.2 	health shall develop and maintain a primary prevention lead education strategy to prevent 
2.3 	lead exposure. The strategy includes:
2.4 	(1) lead education materials that describe the health effects of lead exposure, safety 
2.5 	measures, and methods to be used in the lead hazard reduction process;
2.6 	(2) providing lead education materials to the general public including, but not 
2.7 	limited to, information on the dangers and hazards of jewelry containing lead;
2.8 	(3) providing lead education materials to property owners, landlords, and tenants 
2.9 	by swab team workers and public health professionals, such as nurses, sanitarians, 
2.10 	health educators, nonprofit organizations working on lead issues, and other public health 
2.11 	professionals in areas at high risk for toxic lead exposure; and
2.12 	(4) promoting awareness of community, legal, and housing resources.

2.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.14 	Sec. 5. Minnesota Statutes 2004, section 144.9507, is amended by adding a subdivision 
2.15 	to read:
2.16 		Subd. 6.Medical assistance. Medical assistance reimbursement for lead risk 
2.17 	assessment services under section 256B.0625, subdivision 49, shall not be used to replace 
2.18 	or decrease existing state or local funding for lead services and lead-related activities.

2.19 	Sec. 6. [144.9512] LEAD ABATEMENT PROGRAM.
2.20 		Subdivision 1.Grants; administration. Within the limits of the available 
2.21 	appropriation, the commissioner may make grants to eligible organizations to train 
2.22 	workers to provide swab team services for residential property. Grants may be awarded to 
2.23 	eligible organizations to provide technical assistance and training to ensure quality and 
2.24 	consistency within the statewide program.
2.25 		Subd. 2.Applicants. (a) Interested eligible organizations may apply to the 
2.26 	commissioner for grants under this section. Two or more eligible organizations may 
2.27 	jointly apply for a grant. Priority shall be given to community action agencies in greater 
2.28 	Minnesota and to either community action agencies or neighborhood based nonprofit 
2.29 	organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may 
2.30 	be used for administrative purposes. The commissioner may deviate from this percentage 
2.31 	if a grantee can justify the need for a larger administrative allowance. Of this amount, 
2.32 	up to five percent may be used by the commissioner for state administrative purposes. 
2.33 	Applications must provide information requested by the commissioner, including at least 
2.34 	the information required to assess the factors listed in paragraph (d).
3.1 	(b) The commissioner must consult with boards of health to provide swab team 
3.2 	services for purposes of secondary prevention. The priority for swab teams created 
3.3 	by grants to eligible organizations under this section must be work assigned by the 
3.4 	commissioner, or by a board of health if so designated by the commissioner, to provide 
3.5 	secondary prevention swab team services to fulfill the requirements of section 144.9504, 
3.6 	subdivision 6, in response to a lead order. Swab teams assigned work under this section 
3.7 	by the commissioner, that are not engaged daily in fulfilling the requirements of section 
3.8 	144.9504, subdivision 6, must deliver swab team services in response to elevated blood 
3.9 	lead levels as defined in section 144.9501, subdivision 9, where lead orders were not 
3.10 	issued, and for purposes of primary prevention in census tracts known to be in areas at 
3.11 	high risk for toxic lead exposure as described in section 144.9503, subdivision 2.
3.12 	(c) Any additional money must be used for grants to establish swab teams for 
3.13 	primary prevention under section 144.9503, in census tracts in areas at high risk for toxic 
3.14 	lead exposure as determined under section 144.9503, subdivision 2.
3.15 	(d) In evaluating grant applications, the commissioner must consider the following 
3.16 	criteria:
3.17 	(1) plans for the provision of swab team services for primary and secondary 
3.18 	prevention;
3.19 	(2) plans for resident and property owner education on lead safety;
3.20 	(3) measures of program effectiveness;
3.21 	(4) coordination of program activities with other federal, state, and local public 
3.22 	health and housing renovation programs; and
3.23 	(5) prior experience in providing swab team services.
3.24 		Subd. 3.Eligible grant activities. An eligible organization receiving a grant 
3.25 	under this section must ensure that all participating lead supervisors or certified firms are 
3.26 	licensed and that all swab team workers are certified by the Department of Health under 
3.27 	section 144.9505. Eligible organizations may participate in the program by:
3.28 	(1) providing on-the-job training for swab team workers;
3.29 	(2) providing swab team services to meet the requirements of sections 144.9503, 
3.30 	subdivision 4, and 144.9504, subdivision 6;
3.31 	(3) providing lead hazard reduction to meet the requirements of section 144.9501, 
3.32 	subdivision 17;
3.33 	(4) providing lead dust clean-up equipment and materials, as described in section 
3.34 	144.9503, subdivision 1, to residents; or
3.35 	(5) having a swab team worker instruct residents and property owners on appropriate 
3.36 	lead control techniques, including the lead-safe directives developed by the commissioner.
4.1 		Subd. 4.Swab team workers. Each worker engaged in swab team services 
4.2 	established under this section must have blood lead concentrations below 15 micrograms 
4.3 	of lead per deciliter of whole blood as determined by a baseline blood lead screening. Any 
4.4 	organization receiving a grant under this section is responsible for lead screening and must 
4.5 	assure that all swab team workers meet the standards established in this subdivision. 
4.6 	Grantees must use appropriate workplace procedures including following the lead-safe 
4.7 	directives developed by the commissioner to reduce risk of elevated blood lead levels. 
4.8 	Grantees and participating contractors must report all employee blood lead levels that 
4.9 	exceed 15 micrograms of lead per deciliter of whole blood to the commissioner.
4.10 		Subd. 5.Program benefits. As a condition of providing swab team services under 
4.11 	this section, an organization may require a property owner to not increase rents on a 
4.12 	property solely as a result of a substantial improvement made with public funds under the 
4.13 	programs in this section.
4.14 		Subd. 6.Requirements of organizations receiving grants. An eligible 
4.15 	organization that is awarded a grant under this section must prepare and submit a quarterly 
4.16 	progress report to the commissioner beginning three months after receipt of the grant.

4.17 	Sec. 7. Minnesota Statutes 2004, section 256B.0625, is amended by adding a 
4.18 	subdivision to read:
4.19 		Subd. 49.Lead risk assessments. (a) Effective October 1, 2006, or six months after 
4.20 	federal approval, whichever is later, medical assistance covers lead risk assessments 
4.21 	provided by a lead risk assessor who is licensed by the commissioner of health under 
4.22 	section 144.9505 and employed by an assessing agency as defined in section 144.9501. 
4.23 	Medical assistance covers a onetime on-site investigation of a recipient's home or primary 
4.24 	residence to determine the existence of lead so long as the recipient is under the age of 
4.25 	21 and has a venous blood lead level as set forth in section 144.9504, subdivision 2, 
4.26 	paragraph (a).
4.27 	(b) Medical assistance reimbursement covers the lead risk assessor's time to 
4.28 	complete the following activities:
4.29 	(1) gathering samples;
4.30 	(2) interviewing family members;
4.31 	(3) gathering data, including meter readings; and
4.32 	(4) providing a report with the results of the investigation and options for reducing 
4.33 	lead-based paint hazards.
4.34 	Medical assistance coverage of lead risk assessment does not include testing of 
4.35 	environmental substances such as water, paint, or soil or any other laboratory services. 
5.1 	Medical assistance coverage of lead risk assessments is not included in the capitated 
5.2 	services for children enrolled in health plans through the prepaid medical assistance 
5.3 	program and the MinnesotaCare program.
5.4 	(c) Payment for lead risk assessment must be cost-based and must meet the criteria 
5.5 	for federal financial participation under the medical assistance program. The rate must 
5.6 	be based on allowable expenditures from statewide cost information gathered. Under 
5.7 	section 144.9507, subdivision 5, federal medical assistance funds may not replace existing 
5.8 	funding for lead-related activities. The nonfederal share of costs for services provided 
5.9 	under this subdivision must be from state or local funds and is the responsibility of the 
5.10 	agency providing the risk assessment. Eligible expenditures for the nonfederal share of 
5.11 	costs may not be made from federal funds or funds used to match other federal funds, 
5.12 	except as allowed for Indian tribes under federal law. Any federal disallowances are the 
5.13 	responsibility of the agency providing risk assessment services.

5.14 	Sec. 8. [325E.385] ITEMS CONTAINING LEAD PROHIBITED.
5.15 		Subdivision 1.Definition.  For the purposes of this section "jewelry" means: (1) 
5.16 	an ornament worn by a person on the body or on clothing, including, but not limited to, 
5.17 	a necklace, bracelet, anklet, earring, locket, pendant, charm bracelet, ring, pinky ring, 
5.18 	chain, broach, pin, lapel pin, headband, watchband; or (2) any pendant, bead, chain, link, 
5.19 	or other component of such an ornament.
5.20 		Subd. 2.Warning. (a) No person shall offer for sale, sell, or distribute free of 
5.21 	charge any jewelry or item of personal decoration that contains more than 600 parts per 
5.22 	million of lead unless it bears a warning label clearly visible to the buyer indicating that 
5.23 	the item contains lead.
5.24 	(b) The obligation to test for lead content and label accurately lies with the producer 
5.25 	or packager of the item and not with the retail seller. Retailers may not sell unlabeled 
5.26 	items without first verifying that the items were tested by the producer or packager.
5.27 		Subd. 3.Sale prohibited. Effective July 1, 2006, no person shall sell, offer for 
5.28 	sale, or distribute free of charge any trinket, jewelry, items of personal decoration, toy, 
5.29 	or clothing containing more than 600 parts per million of lead that is intended for use 
5.30 	by a child under the age of 12.
5.31 		Subd. 4.Exemption. This section does not apply to consumer-to-consumer 
5.32 	transactions.

5.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.34 	Sec. 9. LEAD REDUCTION STUDY.
 6.1 	The commissioner of health, in consultation with the Department of Employment 
6.2 	and Economic Development, the Minnesota Housing Finance Agency, and the Department 
6.3 	of Human Services, shall develop and evaluate the best strategies to reduce the number of 
6.4 	children endangered by lead paint. The study shall make recommendations on:
6.5 	(1) how to promote and encourage primary prevention;
6.6 	(2) how to ensure that all children at risk are tested; and
6.7 	(3) how to provide a lead prevention program to assist families and protect children 
6.8 	with blood lead levels more than five micrograms of lead per deciliter of whole blood from 
6.9 	reaching levels of ten micrograms or greater.
6.10 	The commissioner shall submit the results of the study and any recommendations, 
6.11 	including any necessary legislative changes to the legislature by January 15, 2007.

6.12 	Sec. 10. REVISOR'S INSTRUCTION.
 6.13 	The revisor of statutes shall change the range reference "144.9501 to 144.9509" 
6.14 	to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and 
6.15 	Minnesota Rules.

6.16 	Sec. 11.  REPEALER.
 6.17 	Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, and 10, and 
6.18 	Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, and 8, are 
6.19 	repealed.