Bill Text: OR HB2715 | 2011 | Regular Session | Introduced

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Bill Title: Relating to lead; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2715 Detail]

Download: Oregon-2011-HB2715-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2390

                         House Bill 2715

Sponsored by Representative TOMEI (at the request of Tamara
  Rubin) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires State Board of Education to adopt rules establishing
testing process under which public schools for kindergarten
through grade 12 are tested once each calendar year to determine
if lead dust from deteriorating paint poses significant health
concern.
  Requires Child Care Division of Employment Department to adopt
rules establishing testing process under which child care
facilities and family child care homes are tested once each
calendar year to determine if lead dust from deteriorating paint
poses significant health concern.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to lead; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The State Board of Education shall adopt
rules establishing a testing process under which public schools
for kindergarten through grade 12 are tested once each calendar
year to determine if lead dust from deteriorating paint poses a
significant health concern.
  (2) The results of the annual test required by subsection (1)
of this section shall be posted on the State Board of Education's
website.
  (3) The State Board of Education shall adopt by rule a
procedure under which the parent or guardian of a student who is
enrolled in a school in which the test required by subsection (1)
of this section indicates that lead dust from deteriorating paint
poses a significant health concern may place the student in a
school in which the test indicates that lead dust from
deteriorating paint does not pose a significant health
concern. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2011 Act becomes operative on
January 1, 2012.
  (2) The State Board of Education may, before the operative date
specified in subsection (1) of this section, adopt rules or take
any other action that is necessary to implement, on or after the
operative date specified in subsection (1) of this section,
section 1 of this 2011 Act. + }

  SECTION 3. { +  (1) The Child Care Division of the Employment
Department shall adopt rules establishing a testing process under
which child care facilities certified under ORS 657A.280, and
family child care homes registered under the provisions of ORS
657A.330, are tested once each calendar year to determine if lead
dust from deteriorating paint poses a significant health concern.
  (2)(a) The Child Care Division may not certify a child care
facility under the provisions of ORS 657A.280, or renew the
certification of a child care facility, if the test required by
subsection (1) of this section indicates that lead dust from
deteriorating paint poses a significant health concern in the
child care facility.
  (b) The Child Care Division may not register a family child
care home under the provisions of ORS 657A.330, or renew the
registration of a family child care home, if the test required by
subsection (1) of this section indicates that lead dust from
deteriorating paint poses a significant health concern in the
family child care home.
  (3) The results of the annual test required by subsection (1)
of this section shall be posted on the website of the Child Care
Division. + }
  SECTION 4.  { + (1) Except as provided in subsection (2) of
this section, section 3 of this 2011 Act becomes operative on
January 1, 2012.
  (2) The Child Care Division of the Employment Department may,
before the operative date specified in subsection (1) of this
section, adopt rules or take any other action that is necessary
to implement, on or after the operative date specified in
subsection (1) of this section, section 3 of this 2011 Act. + }
  SECTION 5.  { + (1) Section 3 (2)(a) of this 2011 Act applies
to certifications first given, or certifications renewed, by the
Child Care Division of the Employment Department on or after the
operative date specified in section 4 (1) of this 2011 Act.
  (2) Section 3 (2)(b) of this 2011 Act applies to registrations
first given, or registrations renewed, by the Child Care Division
of the Employment Department on or after the operative date
specified in section 4 (1) of this 2011 Act. + }
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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