HCS SS SB 95 -- LEAD POISONING ABATEMENT

This bill changes the laws regarding lead abatement and poisoning
and establishes a checkoff 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
re-enter 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.

If the department finds lead hazards in a commercial lead
production area 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 be 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.  Any subsequent violation 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 bill clarifies the notification process for those issuing
grants or loans for lead abatement projects and specifies that
the department director has authority to impose administrative
penalties.

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