An Act To Protect Maine Citizens from Lead Hazards that Harm Maine Children and Families I Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: I Sec. 1. 14 MRSA §6030-B is enacted to read: §6030-B. Environmental lead hazards 1. Environmental lead hazard disclosure. A landlord or other lessor of residential property shall provide to potential tenants and lessees a residential real property disclosure statement that includes, but is not limited to, information about the presence or prior removal of lead-based paint in accordance with Title 22, section 1328. 2. Application. The landlord or lessor shall provide the residential real property disclosure statement under subsection 1 when a structure that is part of the real property was built prior to 1978. Sec. 2. 22 MRSA §1328 is enacted to read: §1328. Residential real property disclosure statement forms Page l-LR1233(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1532
Committee Amendment CA_A_H542 (House)
Amends: 14 MRSA §6030-B, 22 MRSA §1328, 33 MRSA §173

COMMITTEE AMENDMENT "A .. to H.P. 1077, L.D. 1532, 
Act To 
Modify Liability To 
Protect Maine Citizens 
Hazards That Harm Maine Children and Families" 
Bill, "An 
from 
Lead 
Amend the bill by striking out the ti tle and substituting 
the following: 
I An Act To Protect Maine Citizens from Lead Hazards that Harm 
Maine Children and Families I 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
I Sec. 1. 14 MRSA §6030-B is enacted to read: 
§6030-B. 
Environmental lead hazards 
1. 
Environmental lead hazard disclosure. 
A landlord or 
other lessor of residential property shall provide to potential 
tenants 
and 
lessees 
a 
residential 
real 
property 
disclosure 
statement that includes, but is not limited to, information about 
the presence or prior removal of lead-based paint in accordance 
with Title 22, section 1328. 
2. 
Application. 
The landlord or lessor shall provide the 
residential real property disclosure statement under subsection 1 
when a structure that is part of the real property was built 
prior to 1978. 
Sec. 2. 22 MRSA §1328 is enacted to read: 
§1328. 
Residential real property disclosure statement forms 
Page l-LR1233(2) 
COMMITTEE AMENDMENT 
" 
~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1077, L.D. 1532 
1. 
Se1lers of real property. 
The department shall prepare 
a standard residential real property disclosure statement form 
for potential sellers of real property to use to disclose to 
potential purchasers information concerning environmental lead 
hazards, in or about the real property, to comply with Title 33, 
section 173, subsection 4, paragraph B. 
The statement is in 
addi tion to that required under 42 United States Code, Section 
4852d and implementing regulations. 
A. 
The following warning must be included at the top of the 
form. 
The heading and the first and last paragraphs must be 
printed in a font that is at least as large as 16-point type 
in Times Roman font. 
WARNING REGARDING LEAD-BASED PAINT HAZARDS 
Any residence built before 1978 may contain lead sufficient 
to poison children and sometimes adults. 
LEAD poisoning 
poses a particular risk if you are pregnant or may become 
pregnant. 
LEAD 
poisoning in young children may 
produce 
permanent 
neurological 
damage, 
including 
learning 
disabilities, a reduced intelligence quotient (IO), impaired 
memory and behavioral problems such as attention deficit 
hyperactive disorder and a propensity for violence. 
Every purchaser of any interest in residential real property 
on which a residential dwelling was built prior to 1978 is 
notified that such property may present exposure to lead 
from lead-based paint that may place young children at risk 
of developing lead poisoning. 
The seller of any interest in 
real property is reguired to provide the buyer with any 
information 
on 
lead-based 
paint 
hazards 
from 
risk 
assessments or inspections in the seller's possession and 
notify the buyer of any known lead-based paint hazards. 
A 
risk assessment or inspection for possible lead-based paint 
hazards is recommended prior to purchase. 
The only way to know with certainty whether lead-based paint 
hazards are present on the property is to test the property 
for the presence of lead. 
B. 
The form must include the seller's disclosure and the 
agent's disclosure as reguired by federal law. 
C. 
The form must include the purchaser'S acknowledgment as 
reguired by federal 
law and 
an 
acknowledgment that the 
purchaser 
has 
received 
the 
residential 
real 
property 
disclosure statement required by this section. 
The 
form 
COMMITTEE AMENDMENT 
> • ,. 
.: 
COMMITTEE AMENDMENT "A" to H.P. 1077, L.D. 1532 
must include the following statement: 
"This acknowledgment 
does not constitute a waiver of any rights." 
D. 
The form must include the certification of accuracy as 
reguired by federal law. 
2. 
Landlords and lessors. 
The department shall prepare a 
standard residential real property disclosure statement form for 
landlords and other lessors of real property to use to disclose 
to 
potential 
tenants 
and 
lessees 
information 
concerning 
environmental lead hazards. in or about the real property. to 
comply with Title 14. 
section 6030-B. 
The 
statement is in 
addition to that reguired under 42 United States Code, Section 
4852d and implementing regulations. 
A. 
The following warning must be included at the top of the 
form. 
The heading and the first and last paragraphs must be 
printed in a font that is at least as large as 16 point type 
in Times Roman font. 
WARNING REGARDING LEAD-BASED PAINT HAZARDS 
Any residence built before 1978 may contain lead sufficient 
to poison children and sometimes adults. 
Lead poisoning 
poses a particular risk if you are pregnant or may become 
pregnant. 
Lead poisoning in young children may 
produce 
permanent 
neurological 
damage, 
including 
learning 
disabilities, a reduced intelligence guotient (IO), impaired 
memory and behavioral problems 
such as attention deficit 
hyperactive disorder and a propensity for violence. 
Every tenant or lessor of any interest in residential real 
property on which a residential dwelling was built prior to 
1978 is notified that such property may present exposure to 
lead from lead-based paint that may place young children at 
risk of developing lead poisoning. 
The landlord or other 
lessor of any interest in real property is reguired to 
provide 
the 
tenant 
or 
lessee 
with 
any 
information 
on 
lead based 
paint 
hazards 
from 
risk 
assessments 
or 
inspections in the landlord's or lessor's possession and 
notify the tenant or lessee of any known lead-based paint 
hazards. 
The only way to know with certainty whether lead-based paint 
hazards are present on the property is to test the property 
for the presence of lead. 
B. 
The form must include the lessor's disclosure and the 
agent's disclosure as reguired by federal law. 
COMMITTEE AMENDMENT 
,~ 
1IJ 
~ 
COMMITTEE AMENDMENT "t:l" to H.P. 1077, L.D. 1532 
C. 
The form must include the lessee's acknowledgment as 
required 
by federal 
law and 
an 
acknowledgment that the 
lessee 
has 
received 
the 
property 
disclosure 
statement 
required 
by 
this 
section. 
The 
form 
must 
include 
the 
following 
statement: 
"This 
acknowledgment 
does 
not 
constitute a waiver of any rights." 
D. 
The form must include the certification of accuracy as 
required by federal law. 
3. 
Down1oadahle forms. 
The 
department 
shall post 
and 
maintain the forms required by this section on the Internet in a 
format that is easily downloadable. 
Sec. 3. 33 MRSA §173, sub-§4, 1JB, as enacted by PL 1999, c. 
476, §l, is amended to read: 
B. 
Lead-based paint for pre-1978 homes in accordance with 
federal regulations and Title 22, section 1328;' 
SUMMARY 
This amendment deletes everything from the bill except the 
requirement 
that 
landlords 
and 
property 
sellers 
provide 
residential 
real 
property 
disclosure 
forms 
that 
explain 
lead-based paint hazards to potential tenants and purchasers. 
This amendment is specifically limited to residential property. 
The disclosure statement language is modified to delete the 
statement about strict liability for lead poisoning. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/20105 ~ae 
LD 1532 
LR 1233(02) 
An Act To Modify Liability To Protect Maine Citizens from Lead Hazards That Harm Maine 
Children and Families 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment .,!I" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing resources. 
LR1233(2) - Fiscal Note - Page 1 of 1