Session of 1999
HOUSE BILL No. 2314
By Representatives Haley and Storm, Adkins, Ballard, Barnes, Benlon,
Campbell, Cox, Crow, Findley, Flaharty, Franklin, Gilbert, Hender-
son, Henry, Huff, Kirk, Morrison, Pauls, Reardon, Rehorn, Sharp,
Spangler, Swenson and Tomlinson
12 AN ACT enacting the childhood lead poisoning prevention act; requiring
13 licensure of business entities and public agencies; certification of per-
14 sons who provide, engage in or conduct lead-based paint activities;
15 accreditation of training programs; prohibiting certain acts; providing
16 penalties for violations; authorizing a childhood lead poisoning pre-
17 vention program.
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. This act shall be known and may be cited as the childhood
21 lead poisoning prevention act.
22 Sec. 2. Definitions. As used in this act:
23 (a) "Abatement" means any measure or set of measures designed to
24 permanently eliminate lead-based paint hazards as defined in the federal
26 (b) "Accredited training program" means a training program that has
27 been accredited by the federal program or the secretary to present train-
28 ing courses to individuals engaged in lead-based paint activities.
29 (c) "Business entity" means a company, partnership, corporation, sole
30 proprietorship, association, or other business concern.
31 (d) "Certificate" means an authorization issued by the secretary per-
32 mitting an individual to engage in lead-based paint activities.
33 (e) "Federal program" means subpart L, lead-based paint activities
34 of 40 CFR part 745, as in effect on the effective date of this act.
35 (f) "Lead-based paint" means paint or other surface coatings that
36 contain lead equal to or in excess of one milligram per square centimeter
37 or more than 0.5% by weight.
38 (g) "Lead-based paint activities" means the inspection, assessment
39 and abatement of lead-based paint, including the disposal of waste gen-
40 erated therefrom.
41 (h) "License" means an authorization issued by the secretary per-
42 mitting a business entity to engage in lead-based paint activities.
43 (i) "Public agency" means any state agency or political or taxing sub-
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1 division of the state and those federal departments, agencies or instru-
2 mentalities thereof which are not subject to preemption.
3 (j) "Secretary" means the secretary of health and environment.
4 (k) "Residential dwelling" means a single, double, triple or quadruple
5 family dwelling used as a place of residence for habitation by an individual
6 or the individual's immediate family, or both.
7 (l) "Habitation" means a place of abode or residence where individ-
8 uals eat, sleep and reside.
9 (m) "Immediate family" means spouse, parent, stepparent, child,
10 stepchild or sibling.
11 Sec. 3. The secretary shall administer the provisions of this act. In
12 administering the provisions of this act, the secretary shall be authorized
14 (a) Develop and implement a childhood lead poisoning prevention
15 program as necessary to protect the health of the children of Kansas,
16 which may include provisions to:
17 (1) Investigate the extent of childhood lead poisoning in Kansas;
18 (2) develop a data management system designed to collect and ana-
19 lyze information on childhood lead poisoning;
20 (3) develop and conduct programs to educate health care providers
21 regarding the magnitude and severity of and the necessary responses to
22 lead poisoning in Kansas;
23 (4) issue recommendations for the methods and intervals for blood
24 lead screening and testing of children, taking into account recommen-
25 dations by the United States centers for disease control and prevention;
26 (5) develop and issue health advisories urging health care providers
27 to conduct blood lead screening of children;
28 (6) encourage health care providers to ensure that parents and guard-
29 ians of children are advised of the availability and advisability of screening
30 and testing for lead poisoning;
31 (7) develop a program to assist local health departments in identifi-
32 cation and follow-up of cases of elevated blood lead levels in children and
33 other high-risk individuals; and
34 (8) in consultation with appropriate federal, state and local agencies,
35 develop a comprehensive public education program regarding environ-
36 mental lead exposures and lead poisoning by:
37 (A) Identifying appropriate target groups that are in a position to
38 prevent lead poisoning or reduce the number of children who are exposed
39 to lead;
40 (B) assessing the information needed for each of the target groups
41 and determine the best means of educating the members of each target
42 groups; and
43 (C) disseminating the information to the target groups in an effective
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2 (b) adopt rules and regulations necessary for the administration of
3 this act including, but not limited to, licensure of business entities and
4 public agencies, certification of individuals, accreditation of training pro-
5 grams, on-site inspections and requirements, notification and record
6 keeping, procedures and work practice standards relating to lead-based
7 paint activities as are necessary to protect the public health and safety;
8 (c) adopt by rules and regulations a reasonable schedule of fees for
9 the issuance and renewal of certificates and licenses, training program
10 accreditations and on-site inspections. The fees shall be periodically in-
11 creased or decreased consistent with the need to cover the direct and
12 indirect costs to administer the program. The fees shall be based upon
13 the amount of revenue determined by the secretary to be required for
14 proper administration of the provisions of this act. State and local health
15 department personnel certifying for the purpose of environmental inves-
16 tigation of lead poisoned children shall be exempted from licensure fees;
17 (d) conduct on-site inspections of procedures being utilized by a li-
18 censee during an actual abatement project and conduct inspection of the
19 records pertaining to this act;
20 (e) adopt rules and regulations regarding the distribution of lead haz-
21 ard information to owners and occupants of housing prior to conducting
22 renovation activities in housing;
23 (f) develop rules and regulations to control and disposition and reuse
24 of architectural debris that contains lead-based paint.
25 Sec. 4. (a) A business entity or public agency shall not engage in a
26 lead-based paint activity unless the business entity or public agency holds
27 a license issued by the secretary for that purpose.
28 (b) Except as otherwise provided in this act, no individual shall en-
29 gage in lead-based paint activities unless the individual holds a certificate
30 issued by the secretary for that purpose. In order to qualify for a certifi-
31 cate, an individual must have successfully completed an accredited train-
32 ing program and pass a third party exam as required by the secretary. Any
33 individual who owns and resides in a residential dwelling may perform
34 lead-based paint activities within such residential dwelling even though
35 such individual does not hold a certificate for that purpose under this act.
36 All work performed by such individual owner of a residential dwelling
37 must be performed in accordance with state and federal guidelines or
38 statutes, or both.
39 Sec. 5. In order to qualify for a license, a business entity or public
40 agency shall:
41 (a) Ensure that each employee or agent of the business entity or pub-
42 lic agency who will engage in a lead-based paint activity is certified;
43 (b) demonstrate to the satisfaction of the secretary that the business
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1 entity or public agency is capable of complying with all requirements,
2 procedures and standards of the United States environmental protection
3 agency, the United States occupational safety and health administration
4 and the secretary, as applicable, to lead-based paint activities;
5 (c) comply with all rules and regulations adopted by the secretary
6 under this act; and
7 (d) allow representatives of the secretary, after identification to enter
8 and inspect any property or premises at any reasonable time for the pur-
9 pose of inspecting lead-based paint activities as required in order to im-
10 plement provisions of this act.
11 Sec. 6. The secretary shall remit all moneys received from the fees
12 established pursuant to this act to the state treasurer at least monthly.
13 Upon receipt of each remittance, the state treasurer shall deposit the
14 entire amount thereof in the lead-based paint hazard fee fund established
15 in section 7 and amendments thereto.
16 Sec. 7. (a) There is established in the state treasury the lead-based
17 paint hazard fee fund. Revenue from the following sources shall be de-
18 posited in the state treasury and credited to the fund:
19 (1) Fees collected under this act for licensure and certification to
20 engage in lead-based paint activities, accreditation of training programs
21 and fees for evaluation of abatement projects;
22 (2) any moneys recovered by the state under this act, including ad-
23 ministrative expenses, civil penalties and moneys paid under any agree-
24 ment, stipulation or settlement;
25 (3) any moneys collected or received from public or private grants
26 and from gifts and donations; and
27 (4) interest attributable to investment of moneys in the fund.
28 (b) Moneys deposited in the fund shall be expended only for the
29 purpose of administering the Kansas lead poisoning prevention act and
30 for no other governmental purposes.
31 (c) On or before the 10th day of each month, the director of accounts
32 and reports shall transfer from the state general fund to the lead-based
33 paint hazard fee fund interest earnings based on:
34 (1) The average daily balance of moneys in the lead-based paint haz-
35 ard fee fund for the preceding month; and
36 (2) the net earnings rate of the pooled money investment portfolio
37 for the preceding month.
38 (d) All expenditures from the fund shall be made in accordance with
39 appropriation acts upon warrants of the director of accounts and reports
40 issued pursuant to vouchers approved by the secretary for the purposes
41 set forth in this section.
42 Sec. 8. (a) The secretary may refuse to issue a license or may suspend
43 or revoke any license issued under this act if the secretary finds, after
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1 notice and hearing conducted in accordance with the provisions of the
2 Kansas administrative procedure act, that the applicant or licensee has:
3 (1) Fraudulently or deceptively obtained or attempted to obtain a
5 (2) failed at any time to meet the qualifications for a license or to
6 comply with any rules and regulations adopted by the secretary under
7 this act;
8 (3) failed at any time to meet any applicable federal or state standard
9 for lead-based paint activities; or
10 (4) employed or permitted an uncertified individual to work on a
11 lead-based paint activity.
12 (b) The secretary may refuse to issue a certificate or may suspend or
13 revoke any certificate issued under this act if the secretary finds, after
14 notice and hearing conducted in accordance with the provisions of the
15 Kansas administrative procedure act, that the applicant for certificate or
16 certificate holder has:
17 (1) Fraudulently or deceptively obtained or attempted to obtain a
18 certificate; or
19 (2) failed at any time to meet qualifications for a certificate or to
20 comply with any provision or requirement of this act or any rules and
21 regulations adopted by the secretary under this act.
22 (c) The secretary may deny, suspend or revoke any accreditation of
23 a training program under this act if the secretary finds, after notice and
24 hearing conducted in accordance with the provisions of the Kansas ad-
25 ministrative procedure act, that the applicant for training program ac-
26 creditation or training provider has:
27 (1) Fraudulently or deceptively obtained or attempted to obtain ac-
28 creditation of a training program;
29 (2) failed at any time to meet the qualifications to obtain accreditation
30 of a training program or to comply with any rules and regulations adopted
31 by the secretary under this act;
32 (3) failed to maintain or provide information on training programs;
34 (4) falsified information, accreditation or approval records, instructor
35 qualification information or other accreditation or approval information
36 required to be submitted by the secretary.
37 (d) Any individual, business entity or accredited training program ag-
38 grieved by a decision or order of the secretary may appeal the order or
39 decision in accordance with the provisions of the act for judicial review
40 and civil enforcement of agency actions.
41 (e) (1) If the secretary finds that the public health or safety is en-
42 dangered by the continuation of an abatement project, the secretary may
43 temporarily suspend, without notice or hearing in accordance with the
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1 emergency adjudication procedures of the provisions of the Kansas ad-
2 ministrative procedure act, the license of the business entity or public
3 agency or the certificate of any person engaging in such abatement
5 (2) In no case shall a temporary suspension of a license or certificate
6 under this section be in effect for a period of time in excess of 90 days.
7 At the end of such period of time, the license or certificate shall be re-
8 instated unless the secretary has suspended or revoked the license or
9 certificate, after notice and hearing in accordance with the provisions of
10 this act, or the license has expired as otherwise provided under this act.
11 Sec. 9. Whenever an authorized agency of the secretary finds that
12 any individual, business entity, accredited program or public agency is
13 not in compliance with this act or any rules and regulations adopted under
14 this act, it shall be the duty of such agent to notify the individual, business
15 entity, accredited program or public agency in writing of such changes or
16 alterations as the agency shall deem necessary in order to comply with
17 the requirements of this act and any rules and regulations adopted under
18 this act, and the agency shall file a copy of such notice with the secretary.
19 It shall thereupon be the duty of the individual, business entity, accredited
20 program or public agency to make such changes or alterations as are
21 contained in the written notice within five days from the receipt of such
23 Sec. 10. Any individual, business entity, public agency or accredited
24 training program which knowingly violates any provision of this act or any
25 rules and regulations adopted under this act is guilty:
26 (a) For a first offense, of a class C misdemeanor; and
27 (b) for a second offense or subsequent offense of a class B
29 Sec. 11. (a) Any individual, business entity, accredited training pro-
30 gram or public agency who violates any provision of this act or any rules
31 and regulations adopted under this act, in addition to any other penalty
32 or litigation provided by law, may incur a civil penalty imposed under
33 subsection (b) in a maximum amount not to exceed $1,000 for the first
34 violation, $5,000 for each subsequent violation and, in the case of a con-
35 tinuing violation, every day such previously notified violation continues
36 shall be deemed a separate violation.
37 (b) The secretary, upon finding that any individual, business entity,
38 accredited training program or public agency has violated any provision
39 of this act or any rules and regulations adopted under this act, may impose
40 a civil penalty within the limits provided in this section upon such indi-
41 vidual, business entity, accredited training program or public agency
42 which civil penalty shall be in an amount to constitute an actual and
43 substantial economic deterrent to the violation for which the civil penalty
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1 is assessed.
2 (c) The secretary, upon finding that an individual, business entity,
3 accredited training program or public agency has violated any provision
4 of this act or rules and regulations adopted under this act, may issue an
5 order finding such individual, business entity, accredited training program
6 or public agency in violation of this act and directing the individual, busi-
7 ness entity, accredited training program or public agency to take such
8 action as necessary to correct the violation.
9 (d) No civil penalty shall be imposed under this section except upon
10 the written order of the secretary after notification and hearing, if a hear-
11 ing is requested, in accordance with the provisions of the Kansas admin-
12 istrative procedure act.
13 (e) Any individual, business entity, accredited training program or
14 public agency aggrieved by an order of the secretary made under this
15 section may appeal such order to the district court in the manner provided
16 by the act for judicial review and civil enforcement of agency actions.
17 (f) Any penalty recovered pursuant to the provisions of this section
18 shall be remitted to the state treasurer and deposited in the lead-based
19 paint hazard fee fund.
20 Sec. 12. Notwithstanding any other remedy and in addition to any
21 other remedy, the secretary may maintain, in the manner provided by the
22 act for judicial review and civil enforcement of agency actions, an action
23 in the name of the state of Kansas for injunction or other process against
24 any business entity or individual to restrain or prevent any violation of
25 the provisions of this act or of any rules and regulations adopted under
26 this act.
27 Sec. 13. Licensure, certification or training program accreditation for
28 a business entity, public agency or individual who engages in lead-based
29 paint activities shall not be required until such time as the secretary
30 adopts rules and regulations to implement the provisions of this act.
31 Sec. 14. The Kansas audit privilege and immunity statute does not
32 pertain to this act.
33 Sec. 15. On July 1, 2004, the provisions of this act are hereby
35 Sec. 16. This act shall take effect and be in force from and after its
36 publication in the Kansas register.