SB 7 - This act modifies the law relating to lead abatement and lead poisoning. A one dollar check-off on the Missouri income tax return is created and the money designated by the check-off will be deposited into the Childhood Lead Testing Fund. The check-off of one dollar is primarily for taxpayers who are to receive a refund. However, taxpayers who owe taxes may also contribute to the fund and any taxpayer may elect to contribute more than one dollar (Section 143.603).
The Department of Health and Senior Services shall provide on its Internet website educational materials that explain the rights and responsibilities of the property owners, tenants, lead inspectors, risk assessors, and lead abatement contractors (Section 701.305).
Section 701.306 clarifies that written notification shall include options that are appropriate for reducing lead hazards.
Representatives of the Department, local government or health departments have the authority to re-enter a dwelling or a child-occupied facility to determine if the required actions have been taken. If the representative does not have consent to enter, they may petition the court for an order to enter the premises. An order shall be granted upon a showing that the representative attempted to notify the dwelling's owner in writing and forty-eight hours in advance of the time and purpose of the re-entry (Section 701.308).
Any lead abatement contractor that fails to notify the Department prior to starting a lead abatement project will be fined two hundred and fifty dollars for the first identified offense, five hundred dollars for the second identified offense, and thereafter fines will be double for each identified offense. The lead abatement contractor shall inform the owners and tenants of a dwelling that information regarding potential lead hazards can be accessed on the Department's internet website. Once the abatement has been completed, the lead abatement contractor must submit written notification and the final clearance inspection report to the Department (Section 701.309).
The Director shall require lead abatement contractors to purchase and maintain liability insurance. Licensees or applicants for licensure must provide evidence of their ability to indemnify any person that may suffer damage from lead-based paint activities to which they may be liable. The licensee or applicant for licensure may provide proof of liability insurance in an amount to be determined by the Department, which shall not be less than $300,000 dollars (Section 701.312).
Injunctions may be brought by the Department or the Attorney General in Circuit court until substantial compliance with sections 701.300 to 701.338 is achieved. All actions may be placed at the head of the docket and hearings shall be held within fifteen days of filing. Individuals cited with a violation of sections 701.300 to 701.338, by clear and convincing evidence, shall be fined up to one thousand dollars for the first violation and five thousand dollars for subsequent violations. The fines shall be deposited into the “Missouri Lead Abatement Loan Fund” (Section 701.317).
Current law specifies that any violation of sections 701.308, 701.309, 701.310, 701.311 and 701.316 is a Class A misdemeanor. New language states that any subsequent violation of these sections will be a Class D felony (Section 701.320).
ADRIANE CROUSE