SB 1271 - This act regulates the prevention and screening of lead poisoning in Missouri. The following is a summary of the act:

SECTION 339.185 - This section requires real estate brokers and salespersons to be reasonably familiar with the lead poising prevention sections to obtain a license or renewal. An educational program will be developed to outline the duties and responsibilities.

SECTION 701.300 - This section provides definitions for "affected property", "chewable surface", and "elevated blood lead".

SECTION 701.302 - The Advisory Committee on Lead Poisoning Prevention is established. The Director of Lead Poisoning Prevention will be appointed by the Governor and will chair the Advisory Committee. The Director will designate which officers in local government will assist in administering all the programs created under sections 701.300 to 701.348, RSMo. A statewide program shall be established by the Director and the Advisory Committee dealing with the prevention, screening, and treatment of lead poisoning. Public service announcements, information pamphlets, and a training manual for a "Lead-Safe Housing Awareness Seminar" will be produced. The Director shall also establish a program for the early detention and screening of lead poisoning.

SECTION 701.310 - Affected properties must comply with the requirements for either a "lead-free" status or a "lead-safe" status on or before August 28, 2006. Owners of five or more affected properties may apply for an extension.

SECTION 701.312 - Contractors, supervisors, and inspectors must be accredited by the Director, with the duration of the accreditation lasting three years. The Director shall promulgate a schedule of fees for the registration of inspectors, which will be collected and held in a special fund used for accreditation purposes.

SECTION 701.321 - Failure to comply with the provisions of sections 701.300 to 701.348, RSMo, will result in a Class A misdemeanor. The Director shall issue an annual report detailing the enforcement actions and the identity of owners of affected properties.

SECTION 701.325 - Effective August 28, 2006, a person shall have a right to housing which is lead-free or lead-safe. If owners of affected property fail to comply with the required standards, injunctive relief is available to the person.

SECTION 701.326 - Affected property must be registered with the Director on the appropriate forms. The Director shall promulgate a schedule of fees for the registration of affected properties, which will be collected and held in a special fund used for registration purposes.

SECTION 701.330 - This section deals with all the potential bases of civil liability relating to lead poisoning. Qualified offers to persons at-risk must be made in writing within thirty days by owners of affected property upon receiving notification of an elevated blood level.

SECTION 701.331 - This section deals with liability insurance of affected properties.

SECTION 701.339 - 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. Within the discretion of the Director, these funds shall be used to bring affected properties into compliance.

SECTION 701.341 - Income tax credits are available to any individual, corporation, or other business entity that removes lead-based paint and repairs affected property.

This act is identical to SCS/SB 92 (2003).
LORIE TOWE