HCS SS SB 95 -- LEAD POISONING ABATEMENT

SPONSOR:  Coleman (Hubbard)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Urban Issues by a vote of 11 to 0.

This substitute changes the laws regarding lead abatement and
poisoning.

The substitute establishes a check-off on the Missouri income tax
return for donations to the Childhood Lead Testing Fund.

The Department of Health and Senior Services must provide on its
Internet web site educational information that explains the
rights and responsibilities of the property owner and tenants of
a dwelling and the lead inspector, risk assessors, and the lead
abatement contractors.  Authority is given to the department to
reenter a dwelling or child-occupied facility to determine if the
owner has taken the required actions for the reduction of lead
hazards to an acceptable level.  If consent to enter is not
granted, a petition for a court order may be taken.

In commercial lead production areas, if the department finds lead
hazards where a child has been identified with an elevated blood
level, the owner must comply with the requirement for abating or
establishing interim controls for the hazards.  Residential
property owners in commercial lead production areas will not be
deemed in violation after compliance with the requirement for
abating or establishing interim controls required by the
department per the initial risk assessment or made to pay for any
type of lead remediation necessary due to the commercial lead
production and transport.

If a lead abatement contractor fails to notify the department
prior to the commencement of a lead abatement project, the
contractor will be fined $250 for the first offense and $500 for
the second offense.  Subsequent violations will be a class D
felony and result in the doubling of the fines.  Contractors are
required to submit a final inspection certification to the
department after completing a lead abatement project and maintain
liability and errors and omission insurance.

The notification process is clarified for those issuing grants or
loans for lead abatement projects and specifies that the
department director has authority to impose administrative
penalties.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2006, FY
2007, and FY 2008.  Estimated Income on Other State Funds of
Unknown exceeding $2,500 in FY 2006, FY 2007, and FY 2008.

PROPONENTS:  Supporters say that better controls on lead
abatement must be available for the protection of the health of
children, families, and all of society.

Testifying for the bill were Senator Coleman; and Department of
Health and Senior Services.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm