hb0039p-Perfected Bill Text
FIRST REGULAR SESSION
HOUSE BILL NO. 39
90TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOUGHERTY.
Pre-filed December 1, 1998, and 1000 copies ordered printed.
Read 1st time January 6, 1999.
Read 2nd time January 7, 1999 and referred to the Committee on Public Health and Safety,
January 14, 1999.
Reported from the Committee on Public Health and Safety, February 3, 1999, with recommendation that the bill Do Pass by Consent.
Perfected by Consent February 11, 1999.
ANNE C. WALKER, Chief Clerk
To repeal section 701.304, RSMo Supp. 1998, relating to inspections for lead hazard, and to
enact in lieu thereof one new section relating to the same subject.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 701.304, RSMo Supp. 1998, is repealed and one new section enacted in lieu
thereof, to be known as section 701.304, to read as follows:
701.304. 1. A representative of the department, or a representative of a unit of local government
or health department licensed by the department for this purpose, may conduct an inspection or a
risk assessment at a dwelling or a child-occupied facility for the purpose of ascertaining the
existence of a lead hazard under the following conditions:
(1) The department, owner of the dwelling, and an adult occupant of a dwelling which is
rented or leased have been notified that an occupant of the dwelling or a child six or fewer
years of age who regularly visits the child-occupied facility has been identified as having an
elevated blood lead level as defined by rule[, and the owner of the dwelling has been notified of
the inspection or risk assessment by certified mail at least three days prior]; and
(2) The inspection or risk assessment occurs at a reasonable time; and
(3) The representative of the department or local government presents appropriate credentials to
the owner or occupant; and
(4) Either the dwelling's owner or adult occupant or the child-occupied facility's owner or agent
grants consent to enter the premises to conduct an inspection or risk assessment; or
(5) If consent to enter is not granted, the representative of the department, local government, or
local health department may petition the circuit court for an order to enter the premises and
conduct an inspection or risk assessment after notifying the dwelling's owner or adult occupant in
writing of the time and purpose of the inspection or risk assessment at least forty-eight hours in
advance. The court shall grant the order upon a showing that an occupant of the dwelling or a
child six or fewer years of age who regularly visits the child-occupied facility has been identified
as having an elevated blood lead level as defined by rule.
2. In conducting such an inspection or risk assessment, a representative of the department, or
representative of a unit of local government or health department licensed by the department for
this purpose, may remove samples necessary for laboratory analysis in the determination of the
presence of a lead-bearing substance or lead hazard in the designated dwelling or child-occupied
Missouri House of Representatives