An Act To Expand Lead Inspections to Other Properties of the Owner of a Property Determined to Contain Lead
Maine Legislature, Session 129, LD 0986
Committee: Health and Human Services
Sponsors: HANDY, LIBBY, BROOKS, CLOUTIER, CRAVEN
Amends: 22 MRSA §1320-B

Legislative Document
No. 986
H.P. 741
House of Representatives, February 26, 2019
An Act To Expand Lead Inspections to Other Properties of the 
Owner of a Property Determined to Contain Lead
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANDY of Lewiston.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BROOKS of Lewiston, CLOUTIER of Lewiston, CRAVEN of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1320-B is enacted to read:
§1320-B.  Owners of dwelling units
1.  Identity of owner.  If the department determines a case of lead poisoning has 
been found in a dwelling unit under section 1320-A, the department shall require that the 
owner of the dwelling unit provide ownership information including the name, principal 
address and contact information of the owner.  If an owner is a business entity with 
partners, members or shareholders, the owner shall provide the name, principal address 
and contact information of each partner, officer, director, member, principal or 
shareholder of that business entity.
2.  Other properties.  If an owner or a partner, officer, director, member, principal or 
shareholder of an owner under subsection 1 owns or co-owns, individually or as a 
principal of a business entity that is an owner, another residential property built prior to 
1978 and located in a high-density lead poisoning area as determined by the 
commissioner, the department may inspect every dwelling unit in that residential property 
unless the owner provides a report from a certified lead inspection conducted within the 
prior 3 years showing that the residential property is lead-safe.
3.  Violation.  Notwithstanding section 1325, if a person violates this section, 50% of 
a fine assessed under section 1325 must be credited to the Lead Poisoning Prevention 
Fund and 50% of a fine assessed under section 1325 must be credited to the Lead 
Abatement Fund under Title 30-A, section 4981, subsection 2.
SUMMARY
This bill requires an owner of a dwelling unit determined by the Department of 
Health and Human Services to have a case of lead poisoning to provide the name, 
principal address and contact information for the owner of the dwelling unit. If the owner 
is a business entity, this bill requires the name, principal address and contact information 
for each partner, officer, director, member, principal or shareholder of that business 
entity. If an owner or a partner, officer, director, member, principal or shareholder owns 
or co-owns another residential property built prior to 1978 and located in a high-density 
lead poisoning area, the Department of Health and Human Services is authorized to 
inspect every dwelling unit of that other residential property unless the owner can 
produce a certified lead inspection report conducted within the past 3 years showing that 
the other property is lead-safe.  This bill splits any fine for violating the provisions of the 
law between the Lead Poisoning Prevention Fund and the Lead Abatement Fund 
administered by the Maine State Housing Authority.