SCS/SBs 746 & 751 - This act modifies provisions relating to lead abatement.

SECTION 143.603 - 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 701.304 - New language allows the Director of the Department of Health and Senior Services to levy fines pursuant to sections 701.300 to 701.338, RSMo. All fines shall be deposited into the Public Health Services Fund. In commercial lead production areas where the Department determines that an individual, who resides in a single-family dwelling and the owners use it as their primary residence, has an elevated blood lead level due directly to lead paint, the owner of the dwelling shall make a good faith effort to abate the lead paint. Upon completion of the good faith efforts, the owner of the dwelling shall not be subject to any fines issued pursuant to this section.

SECTION 701.305 - 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 701.308 - 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 48 hours in advance of the time and purpose of the re-entry.

Upon re-entry, if the lead hazard has not been reduced, the Department or representative may report any violation of Sections 701.300 to 701.338, RSMo, to the prosecuting attorney of the appropriate county. In addition, the court may impose a fine in an amount which shall reflect the seriousness of the threat to human health. However, this amount shall not exceed $10,000. The fine shall not be less than $5,000 if the owner has failed to reduce the identified lead hazard upon proof that (1) the owner has been notified that a child 6 and under in his property has an elevated blood lead level; (2) re-entry revealed that the required actions to reduce the lead were not taken; and (3) another occupant or child in his dwelling is identified with an elevated blood lead level.

SECTION 701.309 - Any lead abatement contractor that fails to notify the Department prior to starting a lead abatement project will be fined $1,000 for the first identified offense, $2,000 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 701.311 - If the Department revisits an abatement project because a contractor is not present or is in violation of sections 701.300 to 701.338, RSMo, or any regulations, the lead abatement contractor must pay a fee of $150 per revisit. In addition, the Department may assess a fine not to exceed $1,000 for the first violation and $5,000 for each subsequent violation against any inspector, risk assessor, lead abatement worker, lead abatement supervisor, project designer, or contractor licensed by the Department. For continuing violations, every day the violation continues to occur shall be deemed a separate violation.

SECTION 701.312 - 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 701.313 - Local community organizations, government agencies, and quasi-government agencies that issue grants or loans for lead abatement projects must provide written notification to the Department no later than ten days prior to the onset of a project. The failure to provide written notification will result in a fine of $250 dollars levied by the Department. In emergency situations, the community organization, government agency, or quasi-government agency must notify the Department within 24 hours of the onset of a lead abatement project and provide written notification to the Department within five days.

SECTION 701.320 - Current law specifies that any violation of sections 701.308, 701.309, 701.310, 701.311 and 701.316, RSMo is a Class A misdemeanor. New language states that any subsequent violation of these sections will be a Class D felony.

SECTION 701.336 - The Departments of Health and Senior Services and Social Services, along with related not-for-profits, American Academy of Pediatrics, HMOs, and the MO Consolidated Health Care Plan, shall devise a three-year educational strategy designed to increase the number of children on Medicaid that are tested for lead poisoning. The goal of the strategy is to have seventy-five percent of the children tested by August 28, 2008.

The Department of Social Services must seek Medicaid waivers for the funding of lead cleaning treatments and lead reduction measures in the properties of Medicaid recipients. The Department will coordinate with the Department of Health and Senior Services to ensure that priority homes receive the appropriate funding and that risk assessments are conducted to identify lead hazards in properties.

SECTION 701.342 - The Department of Social Services, in collaboration with the Department of Health and Senior Services, must ensure that all children between the ages of six months and six years who are in foster care in high risk areas are tested annually for lead poisoning. The costs of the testing will be paid through the state Medicaid program. If any child in foster care in a high risk area is not Medicaid-eligible, the costs of the testing shall be paid by the state.
LORIE TOWE