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2000 SESSION

006090452
HOUSE JOINT RESOLUTION NO. 297
Offered January 24, 2000
Continuing the Joint Subcommittee Studying Lead Poisoning Prevention.
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Patrons-- Crittenden and Baskerville; Senators: Maxwell and Miller, Y.B.
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Referred to Committee on Rules
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WHEREAS, originally established in 1993 to ensure the Commonwealth would be in a position to obtain federal grant funds intended to abate lead-based paint, the Joint Subcommittee Studying Lead Poisoning Prevention has diligently pursued refinement of the Commonwealth's laws relating to lead poisoning prevention, including authorizing the Board of Health to receive reports of blood lead testing from laboratories; and

WHEREAS, the Joint Subcommittee has resolved various statutory issues relating to certification of lead abatement workers and contractors and has initiated an important and effective partnership between the relevant agencies in the Commonwealth; and

WHEREAS, in the last several years, the Joint Subcommittee has directed its attention to resolving the difficulty issues facing the real estate industry relating to availability of liability insurance to cover lead risks and disclosure of lead risks; and

WHEREAS, in this regard, the Joint Subcommittee has obtained two important agency studies during the 1999 interim from an Interagency Task Force on Lead Hazard Reduction and from the State Corporation Commission on Property Insurance and Lead Poisoning Risks and Liability; and

WHEREAS, these studies have provided significant recommendations for legislative actions that may require careful compromise and facilitation of agreement between the various interested parties; and

WHEREAS, among the lead risk issues facing the Commonwealth, the plight of the children remains the most important and heart-wrenching problem; and

WHEREAS, child lead poisoning is a continuing problem that affects an estimated 25,000 preschoolers and costs Virginia taxpayers millions of dollars in special education costs, Medicaid costs, and lost revenue from the life-long effects of lead poisoning; and

WHEREAS, the real estate industry and child advocates are in agreement that the Joint Subcommittee's study is crucial for the continued fine-tuning and substantial revision of the laws of the Commonwealth regarding lead risk reeducation; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Joint Subcommittee Studying Lead Poisoning Prevention be continued. The members duly appointed pursuant to Senate Joint Resolution 395 and House Joint Resolution 722 of 1999 shall continue to serve. Vacancies shall be filled in accordance with the provisions of SJR 395 and HJR 722 or Senate Joint Resolution 245 of 1993, as appropriate. However, appointments of members of the House of Delegates to fill vacancies shall also be in accordance with the principles of Rule 16 of the Rules of the House of Delegates. In conducting its study, the Joint Subcommittee shall:

1. Work with the real estate and other industries to ensure the establishment of equitable standards for lead risk reduction in order to protect the children and the business community of the Commonwealth;

2. Receive reports and data on the implementation of its initiatives to ensure testing of persons at-risk of lead poisoning, particularly children;

3. Reach agreement on the most appropriate ways to resolve the concerns of real estate professionals and home owners concerning liability for lead risks;

4. Provide a forum for the real estate professionals, the housing industry, and the parents of young children who suffer from lead poisoning in order to reach the goal of the Centers for Disease Control and Prevention to eliminate lead poisoning by 2010; and

5. Examine such other issues as may be appropriate in reducing the impact of lead poisoning.

The Division of Legislative Services shall continue to provide staff support for the study. All agencies of the Commonwealth shall provide assistance to the Joint Subcommittee, upon request.

The Joint Subcommittee shall only be authorized to hold two meetings during the interim to consider the issues outlined in this resolution and to make any recommendations that may be necessary.

The direct costs of this study shall not exceed $4,400.

The Joint Subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.