HB 438 -- Lead Abatement

Sponsor:  Schaaf

This bill changes the laws regarding lead abatement and the
prevention of lead poisoning.  The bill:

(1)  Allows a representative from the Department of Health and
Senior Services or from the local government, if consent is not
granted, to petition the court to reenter a dwelling or
child-occupied facility to determine if the owner has reduced
lead hazards to an acceptable level;

(2)  Provides if a lead abatement contractor fails to notify the
department prior to the commencement of a lead abatement project,
the contractor will be fined $1,000 for the first offense and
$2,000 for the second offense.  Subsequent violations are a class
D felony and will result in the doubling of fines; and

(3)  Allows a representative from the department or the Attorney
General to bring an action to temporarily or permanently restrain
any action resulting in lead abatement or the prevention of lead
poisoning.  All actions will be placed at the head of the court
docket and must be heard within 15 days.  Additionally, the
department may seek civil penalties against persons who violate
regulations and statutes pertaining to lead abatement.  Revenue
from these penalties will be deposited into the Missouri Lead
Abatement Loan Fund.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm