SB 92 - This act regulates the prevention and screening of lead poisoning in Missouri.

Real estate brokers and salespersons must be reasonably familiar with Sections 701.300 to 701.348, RSMo, to obtain and renew a license. An educational program will be developed to outline the duties and responsibilities (Section 339.185).

The act provides the necessary definitions relating to lead poisoning, including "affected property", "chewable surface", and "elevated blood lead" (Section 701.300).

The Advisory Committee on Lead Poisoning Prevention is established with members serving a term of four years. The Governor shall appoint a Director of Lead Poisoning Prevention that will chair the Committee. The Director shall establish a statewide program for the prevention, screening, diagnosis, and treatment of lead poisoning. Public service announcements, information pamphlets, and a training manual to accompany a "Lead-Safe Housing Awareness Seminar" will be produced. The Committee must establish a program for the early detection and screening of children under the age of six for elevated blood lead levels. The Director is responsible for maintaining a comprehensive record of all screenings, which will be indexed geographically and by owner (Section 701.302).

Affected properties must comply with the requirements for either a "lead-free" status or a "lead-safe" status on or before August 28, 2005. However, an owner of five or more affected properties may apply for an extension. An affected property is considered "lead-free" if the property was constructed after 1978 or an inspection report verifies that all interior surfaces are lead-free and all exterior surfaces were restored with a non-lead based paint. An affected property is considered "lead-safe" if the specified treatments listed in this section have been completed. Tenants must receive written notice at least 48 hours prior to any maintenance work and shall allow owners access to the affected property at reasonable times. If the tenant has to vacate the property for longer than 24 hours, the owner will be responsible for any reasonable expenses incurred. An owner of an affected property will not be liable for any damages arising from a tenant's refusal to vacate or allow access. An owner of "lead- free" property, that has lead-based paint on the exterior, must submit certification every 3 years to the Director verifying that the exterior is not chipping, peeling, or flaking (Section 701.310).

Contractors, supervisors, and inspectors must be accredited by the Director with the duration of accreditation lasting three years. The Director shall promulgate a schedule of fees for registration of contractors, supervisors, and inspectors, which will be placed in the Lead Paint Removal Fund and used for accreditation and registration purposes (Section 701.312).

Anyone failing to comply with the provisions of Sections 701.300 to 701.348, RSMo, will be guilty of a Class A misdemeanor. Any civil or criminal action taken by state or local officials pursuant to Sections 701.300 to 701.348 will be reported to the Director. The Director shall issue an annual report detailing enforcement actions, the identity of owners of affected properties, the nature of the actions, and a description of any civil or criminal penalties (Section 701.321).

Effective August 28, 2005, every person shall have a right to housing that is lead-free or lead-safe. Injunctive relief will be available provided that an owner of affected property receives written notice of the violations and fails to comply with the required standards within 30 days of the filing. Cases brought pursuant to Sections 701.300 to 701.348, RSMo, will be granted an accelerated hearing. Upon a determination by the court, the petitioner will be entitled to damages and attorney's fees (Section 701.325).

Affected property must be registered with the Director of the Department on the appropriate forms. Registration will be renewed every two years but owners must update any changes in registration information within 30 days of the change. All information provided by the owner shall be open to the public. The Director shall promulgate a schedule of fees for the registration of affected properties, which will be placed in the Lead Paint Removal Fund. Any owner of affected property that fails to pay the fees will be civilly liable for triple the cumulative amount of the fees or $150, whichever is greater. Any unpaid penalty will constitute a lien against the affected property (Section 701.326).

An owner or anyone acting on behalf of the owner may make a qualified offer to an individual provided that the affected property has been certified as "lead-free" or "lead-safe". Qualified offers must be made in writing and delivered by certified mail within 30 days upon receiving notification of an elevated blood level. A qualified offer is considered rejected if an individual does not accept it within 30 days. The acceptance of a qualified offer discharges the owner of any potential civil liability. A qualified offer shall include the payment of all reasonable expenses and costs incurred as specified in this section. Any misrepresentation in the qualified offer may result in criminal penalties (Section 701.330).

The liability insurance of affected properties shall include coverage for bodily injury caused by exposure to lead-based paint. The Department of Insurance shall approve the rates for coverage based on specified standards (Section 701.331).

The "Lead-Safe or Lead-Free Property Revolving Loan Fund" is created and will consist of proceeds received from the sale of bonds, state appropriations, and any donations or gifts. The Committee will issue bonds for the purpose of the maintaining the Fund. Upon the discretion of the Director, these funds shall be used for the purpose of bringing affected properties into compliance (Section 701.339).

Income tax credits are available to any individual, corporation, or other business entity that removes lead-based paint and repairs affected property. Any tax credit not used in the taxable year of certification may be carried forward and applied to the individual's tax liability for five years (Section 701.341).
LORIE TOWE