|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning public health.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Childhood Lead Poisoning Reduction Act. | ||||||||||||||||||||||||
6 | Section 5. Findings. The General Assembly finds that: | ||||||||||||||||||||||||
7 | (a) More than 300,000 American children may have levels of | ||||||||||||||||||||||||
8 | lead in their blood in excess of 10 micrograms per deciliter. | ||||||||||||||||||||||||
9 | Unless prevented or treated, elevated blood lead levels in | ||||||||||||||||||||||||
10 | egregious cases may result in impairment of the ability to | ||||||||||||||||||||||||
11 | think, concentrate, and learn.
| ||||||||||||||||||||||||
12 | (b) A significant cause of lead poisoning in children is | ||||||||||||||||||||||||
13 | the ingestion of lead particles from deteriorating or abraded | ||||||||||||||||||||||||
14 | lead-based paint from older, poorly maintained residences. | ||||||||||||||||||||||||
15 | (c) The health and development of these children and many | ||||||||||||||||||||||||
16 | others are endangered by chipping or peeling lead-based paint | ||||||||||||||||||||||||
17 | or excessive amounts of lead-contaminated dust in poorly | ||||||||||||||||||||||||
18 | maintained homes. | ||||||||||||||||||||||||
19 | (d) Ninety percent of lead-based paint still remaining in | ||||||||||||||||||||||||
20 | occupied housing exists in units built before 1960, with the | ||||||||||||||||||||||||
21 | remainder in units built before 1978. | ||||||||||||||||||||||||
22 | (e) The dangers posed by lead-based paint can be | ||||||||||||||||||||||||
23 | substantially reduced and largely eliminated by taking | ||||||||||||||||||||||||
24 | measures to prevent paint deterioration and limiting | ||||||||||||||||||||||||
25 | children's exposure to paint chips and lead dust. | ||||||||||||||||||||||||
26 | (f) The deterioration of lead-based paint in older | ||||||||||||||||||||||||
27 | residences results in increased expenses each year for the | ||||||||||||||||||||||||
28 | State of Illinois in the form of special education and other | ||||||||||||||||||||||||
29 | education expenses, medical care for lead-poisoned children, | ||||||||||||||||||||||||
30 | and expenditures for delinquent youth and others needing | ||||||||||||||||||||||||
31 | special supervision. | ||||||||||||||||||||||||
32 | (g) Older housing units remain an important part of |
| |||||||
|
|||||||
1 | Illinois housing stock, particularly for those of modest or | ||||||
2 | limited incomes. | ||||||
3 | (h) The possibility of liability exposure among landlords | ||||||
4 | has led many to abandon older properties or to place them in | ||||||
5 | "shell corporations" in order to avoid personal liability. | ||||||
6 | (i) Knowledge of lead-based paint hazards, their control, | ||||||
7 | mitigation, abatement, and risk avoidance is not sufficiently | ||||||
8 | widespread, especially outside urban areas. | ||||||
9 | (j) The incidence of childhood lead poisoning can be | ||||||
10 | reduced substantially without significant additional cost to | ||||||
11 | the State by creating appropriate incentives for property | ||||||
12 | owners to make their properties lead-free or lead-safe and by | ||||||
13 | targeting existing State resources used to prevent childhood | ||||||
14 | lead poisoning more effectively. | ||||||
15 | Section 10. Purpose. To promote the elimination of | ||||||
16 | childhood lead poisoning in Illinois, the purposes of this Act | ||||||
17 | are: | ||||||
18 | (a) to significantly reduce the incidence of childhood lead | ||||||
19 | poisoning in Illinois; | ||||||
20 | (b) to increase the supply of affordable rental housing in | ||||||
21 | Illinois in which measures have been taken to reduce | ||||||
22 | substantially the risk of childhood lead poisoning; | ||||||
23 | (c) to improve public awareness of lead safety issues and | ||||||
24 | to educate property owners and tenants about practices that can | ||||||
25 | reduce the incidence of lead poisoning; | ||||||
26 | (d) to provide protection from potentially ruinous tort | ||||||
27 | actions for those landlords who undertake specified lead hazard | ||||||
28 | reduction measures; | ||||||
29 | (e) to encourage the testing of children likely to suffer | ||||||
30 | the consequences of lead poisoning so that prompt diagnosis and | ||||||
31 | treatment, as well as the prevention of harm, are possible; and | ||||||
32 | (f) to provide a mechanism to facilitate prompt payment of | ||||||
33 | medical and rehabilitation expenses and relocation costs for | ||||||
34 | those individuals who are affected by childhood lead poisoning.
|
| |||||||
|
|||||||
1 | Section 15. Definitions. In this Act: | ||||||
2 | "Abatement" means any set of measures designed to | ||||||
3 | permanently eliminate lead-based paint or lead-based paint | ||||||
4 | hazards. Abatement includes the removal of lead-based paint and | ||||||
5 | dust-lead hazards, the permanent enclosure or encapsulation of | ||||||
6 | lead-based paint, the replacement of components or fixtures | ||||||
7 | painted with lead-based paint, and the removal or permanent | ||||||
8 | covering of soil-based hazards.
| ||||||
9 | "Affected property" means a room or group of rooms within a | ||||||
10 | property constructed before 1978 that form a single independent | ||||||
11 | habitable dwelling unit for occupation by one or more | ||||||
12 | individuals that has living facilities with permanent | ||||||
13 | provisions for living, sleeping, eating, cooking, and | ||||||
14 | sanitation. "Affected property" does not include: | ||||||
15 | (1) an area not used for living, sleeping, eating, | ||||||
16 | cooking, or sanitation, such as an unfinished basement;
| ||||||
17 | (2) unit within a hotel, motel, or similar seasonal or | ||||||
18 | transient facility unless such unit is occupied by one or | ||||||
19 | more persons at risk for a period exceeding 30 days;
| ||||||
20 | (3) an area which is secured and inaccessible to | ||||||
21 | occupants; | ||||||
22 | (4) a unit which is not offered for rent; or
| ||||||
23 | (5) any property owned or operated by a unit of | ||||||
24 | federal, State, or local government, or any public, | ||||||
25 | quasi-public, or municipal corporation, if the property is | ||||||
26 | subject to lead standards that are equal to, or more | ||||||
27 | stringent than, the requirements for lead-safe status | ||||||
28 | under subsection (b) of Section 25. | ||||||
29 | "Change in occupancy" means a change of tenant in an | ||||||
30 | affected property in which the property is vacated and | ||||||
31 | possession is either surrendered to the owner or abandoned. | ||||||
32 | "Chewable surface" means an interior or exterior surface | ||||||
33 | painted with lead-based paint that a child under the age of 6 | ||||||
34 | can mouth or chew. Hard metal substrates and other materials | ||||||
35 | that cannot be dented by the bite of a child under the age of 6 | ||||||
36 | are not considered chewable. |
| |||||||
|
|||||||
1 | "Containment" means the physical measures taken to ensure | ||||||
2 | that dust and debris created or released during lead-based | ||||||
3 | paint hazard reduction are not spread, blown, or tracked from | ||||||
4 | inside to outside of the worksite.
| ||||||
5 | "Deteriorated paint" means any interior or exterior paint | ||||||
6 | or other coating that is peeling, chipping, chalking, or | ||||||
7 | cracking, or any paint or coating located on an interior or | ||||||
8 | exterior surface or fixture that is otherwise damaged or | ||||||
9 | separated from the substrate. | ||||||
10 | "Dust-lead hazard" means surface dust in a residential | ||||||
11 | dwelling or a facility occupied by a person at risk that | ||||||
12 | contains a mass per area concentration of lead equal to or | ||||||
13 | exceeding 40 micrograms per square foot on floors or 250 | ||||||
14 | micrograms per square foot on interior windowsills based on | ||||||
15 | wipe samples.
| ||||||
16 | "Dwelling unit" means a: | ||||||
17 | (1) Single-family dwelling, including attached | ||||||
18 | structures such as porches and stoops; or | ||||||
19 | (2) Housing unit in a structure that contains more than | ||||||
20 | one separate housing unit, and in which each such unit is | ||||||
21 | used or occupied, or intended to be used or occupied, in | ||||||
22 | whole or in part, as the home or separate living quarters | ||||||
23 | of one or more persons.
| ||||||
24 | "Elevated blood lead" or "EBL" means a quantity of lead in | ||||||
25 | whole venous blood, expressed in micrograms per deciliter, that | ||||||
26 | exceeds 15 micrograms per deciliter or such other level as may | ||||||
27 | be specifically provided in this Act. | ||||||
28 | "Encapsulation" means the application of a covering or | ||||||
29 | coating that acts as a barrier between the lead-based paint and | ||||||
30 | the environment and that relies for its durability on adhesion | ||||||
31 | between the encapsulant and the painted surface, and on the | ||||||
32 | integrity of the existing bonds between paint layers and | ||||||
33 | between the paint and the substrate. Encapsulation may be used | ||||||
34 | as a method of abatement if it is designed and performed so as | ||||||
35 | to be permanent.
| ||||||
36 | "Exterior surfaces" means: |
| |||||||
|
|||||||
1 | (1) all fences and porches that are part of an affected | ||||||
2 | property; | ||||||
3 | (2) all outside surfaces of an affected property that | ||||||
4 | are accessible to a child under the age of 6 and that: | ||||||
5 | (A) are attached to the outside of an affected | ||||||
6 | property; or | ||||||
7 | (B) consist of other buildings that are part of the | ||||||
8 | affected property; and | ||||||
9 | (3) all painted surfaces in stairways, hallways, | ||||||
10 | entrance areas, recreation areas, laundry areas, and | ||||||
11 | garages within a multifamily rental dwelling unit that are | ||||||
12 | common to individual dwelling units and are accessible to a | ||||||
13 | child under the age of 6. | ||||||
14 | "Friction surface" means an interior or exterior surface | ||||||
15 | that is subject to abrasion or friction, including, but not | ||||||
16 | limited to, certain window, floor, and stair surfaces.
| ||||||
17 | "Hazard reduction" means measures designed to reduce or | ||||||
18 | eliminate human exposure to lead-based hazards through methods | ||||||
19 | including interim controls or abatement or a combination of the | ||||||
20 | two. | ||||||
21 | "High efficiency particle air vacuum" or "HEPA-vacuum" | ||||||
22 | means a device capable of filtering out particles of 0.3 | ||||||
23 | microns or greater from a body of air at an efficiency of | ||||||
24 | 99.97% or greater. "HEPA-vacuum" includes use of a HEPA-vacuum. | ||||||
25 |
"Impact surface" means an interior or exterior surface | ||||||
26 | that is subject to damage from the impact of repeated sudden | ||||||
27 | force, such as certain parts of door frames. | ||||||
28 | "Inspection" means a comprehensive investigation to | ||||||
29 | determine the presence of lead-based paint hazards and the | ||||||
30 | provision of a report explaining the results of the | ||||||
31 | investigation.
| ||||||
32 | "Interim controls" means a set of measures designed to | ||||||
33 | reduce temporarily human exposure to lead-based paint hazards. | ||||||
34 | Interim controls include, but are not limited to, repairs, | ||||||
35 | painting, temporary containment, specialized cleaning, | ||||||
36 | clearance, ongoing lead-based paint maintenance activities, |
| |||||||
|
|||||||
1 | and the establishment and operation of management and resident | ||||||
2 | education programs. | ||||||
3 |
"Interior windowsill" means a portion of the horizontal | ||||||
4 | window ledge that is protruding into the interior of a room.
| ||||||
5 | "Lead-based paint" means paint or other surface coatings | ||||||
6 | that contain lead equal to or exceeding one milligram per | ||||||
7 | square centimeter or 0.5 % by weight or 5,000 parts per million | ||||||
8 | by weight.
| ||||||
9 | "Lead-based paint hazard" means paint-lead hazards and | ||||||
10 | dust-lead hazards.
| ||||||
11 | "Lead-contaminated dust" means dust in affected properties | ||||||
12 | that contains an area or mass concentration of lead in excess | ||||||
13 | of the lead content level determined by the Director by | ||||||
14 | regulation. | ||||||
15 | "Director's local designee" means a municipal, county, or | ||||||
16 | other official designated by the Director of Public Health, | ||||||
17 | responsible for assisting the Director or Director of Public | ||||||
18 | Health, relevant State agencies, and relevant county and | ||||||
19 | municipal authorities, in implementing the activities | ||||||
20 | specified by the Act for the geographical area in which the | ||||||
21 | affected property is located. | ||||||
22 | "Owner" means a person, firm, corporation, nonprofit | ||||||
23 | organization, partnership, government, guardian, conservator, | ||||||
24 | receiver, trustee, executor, or other judicial officer, or | ||||||
25 | other entity which, alone or with others, owns, holds, or | ||||||
26 | controls the freehold or leasehold title or part of the title | ||||||
27 | to property, with or without actually possessing it. The | ||||||
28 | definition includes a vendee who possesses the title, but does | ||||||
29 | not include a mortgagee or an owner of a reversionary interest | ||||||
30 | under a ground rent lease. | ||||||
31 | "Owner" includes any authorized agent of the owner, | ||||||
32 | including a property manager or leasing agent.
| ||||||
33 | "Paint-lead hazard" means any one of the following: | ||||||
34 | (1) Any lead-based paint on a friction surface that is | ||||||
35 | subject to abrasion and where the dust-lead levels on the | ||||||
36 | nearest horizontal surface underneath the friction surface |
| |||||||
|
|||||||
1 | (e.g., the windowsill or floor) are equal to or greater | ||||||
2 | than the dust-lead hazard levels defined in this | ||||||
3 | subsection; | ||||||
4 | (2) Any damaged or otherwise deteriorated lead-based | ||||||
5 | paint on an impact surface that is caused by impact from a | ||||||
6 | related building material, such as a door knob that knocks | ||||||
7 | into a wall or a door that knocks against its door frame; | ||||||
8 | (3) Any chewable lead-based painted surface on which | ||||||
9 | there is evidence of teeth marks; or | ||||||
10 | (4) Any other deteriorated lead-based paint in or on | ||||||
11 | the exterior of any residential building or any facility | ||||||
12 | occupied by a person at risk.
| ||||||
13 | "Permanent" means an expected design life of at least 20 | ||||||
14 | years. | ||||||
15 | "Person at risk" means a child under the age of 6 or a | ||||||
16 | pregnant woman who resides or regularly spends at least 24 | ||||||
17 | hours per week in an affected property. | ||||||
18 | "Relocation expenses" means all expenses necessitated by | ||||||
19 | the relocation of a tenant's household to lead-safe housing, | ||||||
20 | including moving and hauling expenses, the HEPA-vacuuming of | ||||||
21 | all upholstered furniture, payment of a security deposit for | ||||||
22 | the lead-safe housing, and installation and connection of | ||||||
23 | utilities and appliances. | ||||||
24 |
"Soil-lead hazard" means soil on residential real property | ||||||
25 | or on property of a facility occupied by a person at risk that | ||||||
26 | contains total lead equal to or exceeding 400 parts per million | ||||||
27 | in a play area or average of 1,200 parts per million of bare | ||||||
28 | soil in the rest of the yard based on soil samples. | ||||||
29 | "Tenant" means the individual named as the lessee in a | ||||||
30 | lease, rental agreement, or occupancy agreement for a dwelling | ||||||
31 | unit.
| ||||||
32 | "Wipe sample" means a sample collected by wiping a | ||||||
33 | representative surface of known area, as determined by ASTM | ||||||
34 | E1728 ("Standard Practice for the Field Collection of Settled | ||||||
35 | Dust Samples Using Wipe Sampling Methods for Lead Determination | ||||||
36 | by Atomic Spectrometry Techniques"), with lead determination |
| |||||||
|
|||||||
1 | conducted by an accredited laboratory participating in the | ||||||
2 | Environmental Lead Laboratory Accreditation Program (NLAP).
| ||||||
3 | Section 20. Lead Poisoning Prevention Commission. | ||||||
4 | (a) The Governor shall appoint a Lead Poisoning Prevention | ||||||
5 | Commission.
| ||||||
6 | (1) The duties of the Commission are to: | ||||||
7 | (A) report to the Governor, the President of the | ||||||
8 | Senate, and the Speaker of the House in writing by | ||||||
9 | October 1, 2005, recommending legislation providing | ||||||
10 | effective measures providing both additional | ||||||
11 | incentives for all affected property owners to bring | ||||||
12 | their premises into compliance with the lead safe | ||||||
13 | standards outlined in subsection (b) of Section 25, | ||||||
14 | additional means of enforcement and penalties for | ||||||
15 | those property owners who fail to achieve compliance. | ||||||
16 | The incentives to be considered should include, among | ||||||
17 | others, state income or local property tax credits and | ||||||
18 | revolving loan funds; | ||||||
19 | (B) study and collect information on the | ||||||
20 | effectiveness of this Act in fulfilling its | ||||||
21 | legislative purposes as defined in Section 10; | ||||||
22 | (C) make policy recommendations, in addition to | ||||||
23 | those mandated by subparagraph (A), regarding how best | ||||||
24 | to achieve the legislative purposes of this Act as set | ||||||
25 | forth in Section 10; | ||||||
26 | (D) consult with the responsible departments of | ||||||
27 | state government on the implementation of this Act; and
| ||||||
28 | (E) write and submit a report by October 1, 2005 to | ||||||
29 | the Governor, the President of the Senate, and the | ||||||
30 | Speaker of the House, on the results of implementing | ||||||
31 | this Act. | ||||||
32 | (2) The Commission shall consist of 9 members. The | ||||||
33 | membership shall include: | ||||||
34 | (A) the Director of Public Health or his or her | ||||||
35 | local designee; |
| |||||||
|
|||||||
1 | (B) the Director of the Illinois Housing | ||||||
2 | Development Authority or his or her local designee; | ||||||
3 | (C) one member of the State Senate, appointed by | ||||||
4 | the President; | ||||||
5 | (D) one member of the State House of | ||||||
6 | Representatives appointed by the Speaker; and | ||||||
7 | (E) five members appointed by the Governor | ||||||
8 | including: | ||||||
9 | (i) a child advocate; | ||||||
10 | (ii) a health care provider; | ||||||
11 | (iii) a representative of local government; | ||||||
12 | and | ||||||
13 | (iv) two owners of rental property in the | ||||||
14 | State. | ||||||
15 | (3) The Commission shall be chaired by the Director of | ||||||
16 | Public Health.
| ||||||
17 | (4) Members of the Commission shall serve without | ||||||
18 | additional compensation.
| ||||||
19 | Section 25. Requirements for lead-free status and | ||||||
20 | lead-safe status. | ||||||
21 | (a) Requirements for lead-free property status. An | ||||||
22 | affected property is lead-free if: | ||||||
23 | (1) the affected property was construed after 1978; or | ||||||
24 | (2) the owner of the affected property submits to the | ||||||
25 | Director of the Public Health for the jurisdiction in which | ||||||
26 | such property is located an inspection report which | ||||||
27 | indicates that the affected property has been tested for | ||||||
28 | the presence of lead in accordance with standards and | ||||||
29 | procedures established by the regulations promulgated by | ||||||
30 | the Director and states that: | ||||||
31 | (A) all interior surfaces of the affected property | ||||||
32 | are lead-free; and | ||||||
33 | (B) all exterior painted surfaces of the affected | ||||||
34 | property that were chipping, peeling, or flaking have | ||||||
35 | been restored with non-lead-based, or no exterior |
| |||||||
|
|||||||
1 | painted surfaces of the affected property are | ||||||
2 | chipping, peeling, or flaking. | ||||||
3 | (b) Requirements for lead-safe property status. An | ||||||
4 | affected property is lead-safe if the following treatments to | ||||||
5 | reduce lead-based paint hazards have been completed by someone | ||||||
6 | certified under Section 35 of this Act and in compliance with | ||||||
7 | the regulations established by the Director of Public Health: | ||||||
8 | (1) visual review of all exterior and interior painted | ||||||
9 | surfaces; | ||||||
10 | (2) removal and repainting of chipping, peeling, or | ||||||
11 | flaking paint on exterior and interior painted surfaces; | ||||||
12 | (3) stabilization and repainting of any interior or | ||||||
13 | exterior painted surface which have lead-based paint | ||||||
14 | hazards; | ||||||
15 | (4) repair of any structural defect that is causing the | ||||||
16 | paint to chip, peel, or flake that the owner of the | ||||||
17 | affected property has knowledge of, or with the exercise of | ||||||
18 | reasonable care, should have knowledge of; | ||||||
19 | (5) stripping and repainting, replacing, or | ||||||
20 | encapsulating all interior windowsills and window troughs | ||||||
21 | with vinyl, metal, or any other durable materials which | ||||||
22 | render the surface smooth and cleanable; | ||||||
23 | (6) installation of caps of vinyl, aluminum, or any | ||||||
24 | other material in a manner and under conditions approved by | ||||||
25 | the Director of Public Health in all window wells in order | ||||||
26 | to make the window wells smooth and cleanable; | ||||||
27 | (7) fixing the top sash of all windows in place in | ||||||
28 | order to eliminate the friction caused by movement of the | ||||||
29 | top sash, except for a treated or replacement window that | ||||||
30 | is free of lead-based paint on its friction surfaces; | ||||||
31 | (8) re-hanging all doors as necessary to prevent the | ||||||
32 | rubbing together of a lead-painted surface with another | ||||||
33 | surface; | ||||||
34 | (9) making all bare floors smooth and cleanable; | ||||||
35 | (10) ensuring that all kitchen and bathroom floors are | ||||||
36 | overlaid with a smooth, water-resistant covering; and |
| |||||||
|
|||||||
1 | (11) HEPA-vacuuming and washing of the interior of the | ||||||
2 | affected property with high phosphate detergent or its | ||||||
3 | equivalent, as determined by the Director of Public Health. | ||||||
4 | (c) Repairs to comply with standards. | ||||||
5 | (1) Whenever an owner of an affected property intends | ||||||
6 | to make repairs or perform maintenance work that will | ||||||
7 | disturb the paint on interior surfaces of an affected | ||||||
8 | property, the owner shall give any tenant in such affected | ||||||
9 | property at least 48 hours' written advance notice and | ||||||
10 | shall make reasonable efforts to ensure that all persons | ||||||
11 | who are not persons at risk are not present in the area | ||||||
12 | where work is performed and that all persons at risk are | ||||||
13 | removed from the affected property when the work is | ||||||
14 | performed. | ||||||
15 | (2) A tenant shall allow access to an affected | ||||||
16 | property, at reasonable times, to the owner to perform any | ||||||
17 | work required under this Act. | ||||||
18 | (3) If a tenant must vacate an affected property for a | ||||||
19 | period of 24 hours or more in order to allow an owner to | ||||||
20 | perform work that will disturb the paint on interior | ||||||
21 | surfaces, the owner shall pay the reasonable expenses that | ||||||
22 | the tenant incurs directly related to the required | ||||||
23 | relocation. | ||||||
24 | (4) If an owner has made all reasonable efforts to | ||||||
25 | cause the tenant to temporarily vacate an affected property | ||||||
26 | in order to perform work that will disturb the paint on | ||||||
27 | interior surfaces, and the tenant refuses to vacate the | ||||||
28 | affected property, the owner may not be liable for any | ||||||
29 | damages arising from the tenant's refusal to vacate. | ||||||
30 | (5) If an owner has made all reasonable efforts to gain | ||||||
31 | access to an affected property in order to perform any work | ||||||
32 | required under this Act, and the tenant refuses to allow | ||||||
33 | access, even after receiving reasonable advance notice of | ||||||
34 | the need for access, the owner may not be liable for any | ||||||
35 | damages arising from the tenant's refusal to allow access. |
| |||||||
|
|||||||
1 | Section 30. Inspection of affected properties. | ||||||
2 | (a) Voluntary inspections. | ||||||
3 | (1) An owner of an affected property at any time after | ||||||
4 | the effective date of this Act may request that the | ||||||
5 | Director of the Department of Public Health or a Director's | ||||||
6 | local designee inspect an affected property to determine | ||||||
7 | whether it complies with the requirements of lead-free as | ||||||
8 | specified in subsection (a) of Section 25 or the | ||||||
9 | requirements of lead-safe as specified in subsection (b) of | ||||||
10 | Section 25. Such inspection shall be completed within 30 | ||||||
11 | days following the owner's request. | ||||||
12 | (2) Any affected property certified as either | ||||||
13 | lead-free or lead-safe following a voluntary inspection | ||||||
14 | pursuant to subsection (a)(1) shall be: | ||||||
15 | (A) entitled to the liability protection | ||||||
16 | provisions of Section 40; and | ||||||
17 | (B) in compliance with all state and local | ||||||
18 | requirements, whether included in housing codes or | ||||||
19 | ordinances or any other regulatory or criminal | ||||||
20 | statutes or ordinances, governing lead paint contained | ||||||
21 | in an affected property. | ||||||
22 | (b) Mandatory compliance. The Lead Poisoning Prevention | ||||||
23 | Commission established by Section 20 shall either develop a | ||||||
24 | proposal for mandatory inspections of all affected properties | ||||||
25 | to be implemented by January 1, 2006, or shall develop | ||||||
26 | alternative measures of enforcement and penalties to ensure | ||||||
27 | that all affected properties comply with either the lead-free | ||||||
28 | standard described in subsection (a) of Section 25 or the | ||||||
29 | lead-safe standard described in subsection (b) of Section 25 | ||||||
30 | within a reasonable period of time following January 1, 2006. | ||||||
31 | (c) Expedited inspection. The Director of Public Health or | ||||||
32 | the Director's local designee for the jurisdiction in which | ||||||
33 | such property is located shall order an inspection of an | ||||||
34 | affected property, at the expense of the owner of the affected | ||||||
35 | property, whenever the Director of Public Health or the | ||||||
36 | Director's local designee for the jurisdiction in which such |
| |||||||
|
|||||||
1 | property is located, after January 1, 2005, is notified that | ||||||
2 | the affected property reasonably appears to comply with neither | ||||||
3 | the lead-free standard or the lead-safe standard as those | ||||||
4 | standards are defined in Section 25 and a person at risk | ||||||
5 | resides in the affected property or spends more than 24 hours | ||||||
6 | per week in the affected property. An inspection required under | ||||||
7 | this subsection shall be completed within 90 days after | ||||||
8 | notification of the Director of Public Health or the Director's | ||||||
9 | local designee for the jurisdiction in which such property is | ||||||
10 | located. | ||||||
11 | (d) Emergency inspection. The Director of Public Health or | ||||||
12 | the Director's local designee for the jurisdiction in which | ||||||
13 | such property is located shall order an inspection of an | ||||||
14 | affected property, at the expense of the owner of the affected | ||||||
15 | property, whenever the Director of Public Health or the | ||||||
16 | Director's local designee for the jurisdiction in which such | ||||||
17 | property is located, is notified that a person at risk who | ||||||
18 | resides in the affected property or spends more than 24 hours | ||||||
19 | per week in the affected property has an elevated blood lead | ||||||
20 | level greater than or equal to 15 micrograms per deciliter. An | ||||||
21 | inspection under this subsection shall be completed within 15 | ||||||
22 | days after notification of the Director of Public Health or the | ||||||
23 | Director's local designee for the jurisdiction in which such | ||||||
24 | property is located. | ||||||
25 | (e) Inspection report. The inspector shall submit a | ||||||
26 | verified report of the result of the inspection to the | ||||||
27 | Executive Director of the Illinois Housing Development | ||||||
28 | Authority or the Executive Director's designee, and the | ||||||
29 | Director of the Department of Public Health or the Director's | ||||||
30 | local designee for the jurisdiction in which such property is | ||||||
31 | located, the owner, and the tenant, if any, of the affected | ||||||
32 | property. | ||||||
33 | (f) Inspection fees. The owner of an affected property | ||||||
34 | shall pay a fee at the time of the inspection of an affected | ||||||
35 | property sufficient to pay the full costs of the inspection
|
| |||||||
|
|||||||
1 | Section 35. Accreditation of inspectors and contractors | ||||||
2 | performing work. | ||||||
3 | (a) Accreditation of persons performing lead hazard | ||||||
4 | reduction activities. No person shall act as a contractor or | ||||||
5 | supervisor to perform the work necessary for lead-hazard | ||||||
6 | abatement as defined in this Act unless that person is | ||||||
7 | accredited by the Director of Public Health. The Director shall | ||||||
8 | accredit for these purposes any person meeting the standards | ||||||
9 | described in one of the following subsections: | ||||||
10 | (1) Regulations to be adopted by the Director of Public | ||||||
11 | Health pursuant to this Act governing the accreditation of | ||||||
12 | individuals to engage in lead-based paint activities | ||||||
13 | sufficient to satisfy the requirements of 40 Code of | ||||||
14 | Federal Regulations (C.F.R.) 745.325 (2001) or any | ||||||
15 | applicable successor provisions to 40 C.F.R. 745.325 | ||||||
16 | (2001). | ||||||
17 | (2) Certification by the United States Environmental | ||||||
18 | Protection Agency to engage in lead-based paint activities | ||||||
19 | pursuant to 40 C.F.R. 745.226 (2001) or any applicable | ||||||
20 | successor provisions to 40 C.F.R. 745.226 (2001). | ||||||
21 | (3) Certification by a state or tribal program | ||||||
22 | authorized by the United States Environmental Protection | ||||||
23 | Agency to certify individuals engaged in lead-based paint | ||||||
24 | activities pursuant to 40 C.F.R. 745.325 (2001) or any | ||||||
25 | applicable successor provisions to 40 C.F.R. 745.325 | ||||||
26 | (2001). The Director of Public Health shall, by regulation, | ||||||
27 | create exceptions to the accreditation requirement for | ||||||
28 | instances where the disturbance of lead-based paint is | ||||||
29 | incidental. | ||||||
30 | (b) Accreditation of persons performing inspections. An | ||||||
31 | inspector accredited by the Director shall conduct all | ||||||
32 | inspections required by Section 30 of this Act, or otherwise | ||||||
33 | required by this Act. The Director of Public Health shall | ||||||
34 | accredit as an inspector any individual meeting the following | ||||||
35 | requirements: | ||||||
36 | (1) Regulations to be adopted by the Director pursuant |
| |||||||
|
|||||||
1 | to this Act governing the accreditation of individuals | ||||||
2 | eligible to conduct the inspections required by this Act; | ||||||
3 | or | ||||||
4 | (2) Certification to conduct risk assessments by the | ||||||
5 | EPA pursuant to 40 C.F.R. 745.226(b) (2001) or any | ||||||
6 | applicable successor provisions to 40 C.F.R. 745.226 | ||||||
7 | (2001). | ||||||
8 | (c) Duration of certification. The accreditation of | ||||||
9 | contractors or supervisors of those performing the work | ||||||
10 | necessary for lead hazard abatement, and the accreditation of | ||||||
11 | those performing the inspections required by this Section, | ||||||
12 | shall extend for a period of 3 years unless the Director of | ||||||
13 | Public Health has probable cause to believe a person accredited | ||||||
14 | under this Section has violated the terms of the accreditation | ||||||
15 | or engaged in illegal or unethical conduct related to | ||||||
16 | inspections required by this Act, in which case the | ||||||
17 | accreditation to perform inspections shall be suspended | ||||||
18 | pending a hearing in accordance with the provisions of state | ||||||
19 | law.
| ||||||
20 | (d) Registration fees. The Director shall establish by | ||||||
21 | regulation a schedule of fees for the registration of persons | ||||||
22 | performing lead hazard abatement and a separate schedule for | ||||||
23 | persons performing inspections pursuant to this Act. Such fees | ||||||
24 | shall be required to be paid at the time of initial | ||||||
25 | registration and at the time of subsequent renewal of | ||||||
26 | registration, and shall be sufficient to cover all costs, | ||||||
27 | including the costs of state personnel, attributable to | ||||||
28 | accreditation activities conducted under this Section.
| ||||||
29 | (1) Fees collected pursuant to this subsection will be | ||||||
30 | held in a continuing, non-lapsing special fund to be used | ||||||
31 | for accreditation purposes under this Section. | ||||||
32 | (2) The State Treasurer shall hold and the State | ||||||
33 | Comptroller shall account for this fund. | ||||||
34 | (3) The fund established under this subsection shall be | ||||||
35 | invested and reinvested and any investment earnings shall | ||||||
36 | be paid into the fund. |
| |||||||
|
|||||||
1 | (e) Enforcement. The provisions and procedures of | ||||||
2 | appropriate state statutes governing violation of business and | ||||||
3 | professional licensing statutes shall be used and shall apply | ||||||
4 | to enforce violations of this Section, any regulations adopted | ||||||
5 | under this subtitle, and any condition of accreditation issued | ||||||
6 | under this Act.
| ||||||
7 | Section 40. Liability protection and the qualified offer. | ||||||
8 | (a) Scope of application. This Section applies to all | ||||||
9 | potential bases of civil liability for alleged injury or loss | ||||||
10 | to a person caused by the ingestion of lead by a person at risk | ||||||
11 | in an affected property; except that this Section does not | ||||||
12 | apply to any claim in which the elevated blood lead level of | ||||||
13 | the person at risk is documented to have existed on or before | ||||||
14 | the date, 60 days after the affected property where the person | ||||||
15 | at risk resides or otherwise allegedly was exposed to lead, has | ||||||
16 | been certified as lead-free under subsection (a) of Section 25 | ||||||
17 | or lead-safe under subsection (b) of Section 25. | ||||||
18 | (b) Requirements for immunity from liability. A property | ||||||
19 | owner and his or her agents and employees are immune from civil | ||||||
20 | liability to a person at risk, his or her parents, or legal | ||||||
21 | guardian for injuries or damages resulting from the ingestion | ||||||
22 | of lead contained in an affected property if: | ||||||
23 | (1) the property has been certified as lead-free under | ||||||
24 | subsection (a) of Section 25 or as lead-safe under | ||||||
25 | subsection (b) of Section 25; and | ||||||
26 | (2) the property owner or his agent has made a | ||||||
27 | qualified offer as defined in subsection (e), to the person | ||||||
28 | at risk or his or her parent or legal guardian, in a case | ||||||
29 | in which the person at risk has a documented elevated blood | ||||||
30 | lead level of 15 micrograms per deciliter or more performed | ||||||
31 | more than 60 days following certification of the premises | ||||||
32 | as lead-safe or lead-free pursuant to Section 25, | ||||||
33 | regardless of whether such qualified offer has been | ||||||
34 | accepted or rejected by the person at risk, or his or her | ||||||
35 | parent or legal guardian.
|
| |||||||
|
|||||||
1 | (c) Exceptions to immunity. The immunity described in | ||||||
2 | subsection (b) does not apply if it is shown that one of the | ||||||
3 | following has occurred: | ||||||
4 | (1) the owner or his or her employee or agent obtained | ||||||
5 | the certification or lead-free or lead-safe status by | ||||||
6 | fraud; | ||||||
7 | (2) the owner or his or her employee or agent violated | ||||||
8 | a condition of the certification; | ||||||
9 | (3) during renovation, remodeling, maintenance or | ||||||
10 | repair after receiving the certificate, the owner or his or | ||||||
11 | her employee or agent created a lead-based paint hazard | ||||||
12 | that was present in the affected property at the time the | ||||||
13 | person at risk either was exposed to a lead-based paint | ||||||
14 | hazard or first was tested with an elevated blood lead | ||||||
15 | level greater than 15 micrograms per deciliter; | ||||||
16 | (4) the owner or his or her employee or agent failed to | ||||||
17 | respond in a timely manner to notification by a tenant, by | ||||||
18 | the Director of Public Health, by the Director's local | ||||||
19 | designee for the jurisdiction in which such property is | ||||||
20 | located, or by a local housing or health department that a | ||||||
21 | lead-based paint hazard might be present; or | ||||||
22 | (5) the lead poisoning or lead exposure was caused by a | ||||||
23 | source of lead in the affected property other than | ||||||
24 | lead-based paint. | ||||||
25 | (d) Documentation and notification of injury. A person may | ||||||
26 | not bring an action against an owner of an affected property | ||||||
27 | whose property has been certified as lead-free under subsection | ||||||
28 | (a) of Section 25 or lead-safe as certified under subsection | ||||||
29 | (b) of Section 25 for damages arising from alleged injury or | ||||||
30 | loss to a person at risk caused by lead-based paint hazard | ||||||
31 | unless he or she documents his or her alleged injury with a | ||||||
32 | test for elevated blood levels and presents a written notice to | ||||||
33 | the owner of the affected property or his or her agent or | ||||||
34 | employee of the claim and test results. | ||||||
35 | (1) If such test results show an elevated blood level | ||||||
36 | of less than 15 micrograms per deciliter, the person at |
| |||||||
|
|||||||
1 | risk, or his or her parent or legal guardian, shall not | ||||||
2 | recover damages from the owner of the affected property, | ||||||
3 | his or her agents, or employees unless the person at risk, | ||||||
4 | his or her parent, or legal guardian can show by clear and | ||||||
5 | convincing evidence that the person at risk damage or | ||||||
6 | injury resulted from exposure to lead-based paint and was | ||||||
7 | caused by either: | ||||||
8 | (A) intentional acts by the owner, his or her | ||||||
9 | agents, or employees; or | ||||||
10 | (B) actions of the owner, his or her agents, or | ||||||
11 | employees with knowledge, with a substantial certainty | ||||||
12 | that such actions would injure the person at risk or | ||||||
13 | others similarly situated. | ||||||
14 | (2) If such test results show an elevated blood level | ||||||
15 | of 15 micrograms per deciliter or greater, the owner of the | ||||||
16 | affected property or his or her agent or employee shall | ||||||
17 | have the opportunity to make a qualified offer under | ||||||
18 | subsection (e). | ||||||
19 | (3) If the concentration of lead in a whole venous | ||||||
20 | blood sample of a person at risk tested within 60 days | ||||||
21 | after the person at risk begins residence or regularly | ||||||
22 | spends at least 24 hours per week in an affected property | ||||||
23 | that is certified as being in compliance with the | ||||||
24 | provisions of subsections (a) or (b) of Section 25 is equal | ||||||
25 | to or greater than 15 micrograms per deciliter, it shall be | ||||||
26 | presumed that the exposure to lead-based paint occurred | ||||||
27 | before a person at risk began residing or regularly | ||||||
28 | spending at least 24 hours per week in the affected | ||||||
29 | property.
| ||||||
30 | (e) Qualified offer.
| ||||||
31 | (1) A qualified offer as defined in this subsection may | ||||||
32 | be made to a person at risk by the owner of the affected | ||||||
33 | property, an insurer of the owner, or an agent, employee, | ||||||
34 | or attorney of the owner.
| ||||||
35 | (2) To qualify for the protection of liability under | ||||||
36 | subsection (b), a qualified offer must be made in writing |
| |||||||
|
|||||||
1 | and delivered by certified mail return receipt requested, | ||||||
2 | within 30 days after the owner of the affected property, | ||||||
3 | his or her agent, or employee receives notice of the | ||||||
4 | elevated blood level referred to in subsection (d)(2). | ||||||
5 | (3) A qualified offer made under this subsection may be | ||||||
6 | accepted or rejected by a person at risk, or if a person at | ||||||
7 | risk is a minor, such person's parent or legal guardian. If | ||||||
8 | the qualified offer is not accepted within 30 days of | ||||||
9 | receipt of the qualified offer, it shall be deemed to have | ||||||
10 | been rejected. By mutual agreement, the parties may extend | ||||||
11 | the period for acceptance of the qualified offer. | ||||||
12 | (4) Subject to the exception in subsection (e)(5), | ||||||
13 | acceptance of a qualified offer by a person at risk, or by | ||||||
14 | a parent, legal guardian, or other person authorized to | ||||||
15 | respond on behalf of a person at risk, discharges and | ||||||
16 | releases all potential liability of the offeror, the | ||||||
17 | offeror's insured or principal, and any participating | ||||||
18 | co-offeror to the person at risk and to the parent or legal | ||||||
19 | guardian of the person at risk for alleged injury or loss | ||||||
20 | caused by the lead-based paint hazard in the affected | ||||||
21 | property. | ||||||
22 | (5) No owner of an affected property, or his or her | ||||||
23 | agent, employee, attorney or anyone else acting on his or | ||||||
24 | her behalf shall represent to a person at risk, his or her | ||||||
25 | parent or guardian, or anyone else acting on his or her | ||||||
26 | behalf, that an offer of settlement in an action resulting | ||||||
27 | from a lead-based paint hazard in an affected property is a | ||||||
28 | qualified offer unless the affected property have been | ||||||
29 | certified as lead-free under subsection (a) of Section 25 | ||||||
30 | or lead-safe under subsection (b) of Section 25 and unless | ||||||
31 | the offeror reasonably believes that the settlement offer | ||||||
32 | satisfies all requirements of this Section. Any settlement | ||||||
33 | resulting from a settlement offer purporting to be a | ||||||
34 | qualified offer which does not satisfy the requirements of | ||||||
35 | this Section, shall at the election of the person at risk, | ||||||
36 | his or her parent or guardian, or other representative, be |
| |||||||
|
|||||||
1 | deemed null and void and of no legal effect. Further, | ||||||
2 | misrepresentation of a settlement offer as a qualified | ||||||
3 | offer when in fact the offer does not meet these | ||||||
4 | requirements may subject the offeror to criminal penalties | ||||||
5 | under the appropriate criminal statute for perjury and | ||||||
6 | professional disciplinary codes where applicable. The | ||||||
7 | statute of limitations for an action by a person at risk | ||||||
8 | with an elevated blood level, his or her parent or legal | ||||||
9 | guardian is tolled until the misrepresentation described | ||||||
10 | in this subsection is discovered. | ||||||
11 | (6) A copy of the qualified offer shall be sent to the | ||||||
12 | Director of Public Health, the Director's local designee, | ||||||
13 | or the local health department. The Director of Public | ||||||
14 | Health, the Director's local designee, or the local health | ||||||
15 | department shall maintain a copy of the qualified offer in | ||||||
16 | the case management file of the person at risk. In | ||||||
17 | addition, the Director of Public Health, the Director's | ||||||
18 | local designee, or the local health department also shall | ||||||
19 | directly notify the person at risk, or in the case of a | ||||||
20 | minor, the parent or legal guardian of the minor, of state | ||||||
21 | and local resources available for lead poisoning | ||||||
22 | prevention and treatment. | ||||||
23 | (7) A qualified offer shall include payment for | ||||||
24 | reasonable expenses and costs incurred by the person at | ||||||
25 | risk with an elevated blood level of 15 micrograms per | ||||||
26 | deciliter or greater for:
| ||||||
27 | (A) the relocation of the household of the person | ||||||
28 | at risk to a lead-safe dwelling unit of comparable size | ||||||
29 | and quality that may provide either:
| ||||||
30 | (i) the permanent relocation of the household | ||||||
31 | of the affected person at risk to lead-safe | ||||||
32 | housing, including relocation expenses, a rent | ||||||
33 | subsidy, and incidental expenses; or | ||||||
34 | (ii) the temporary relocation of the household | ||||||
35 | of the affected person at risk to lead-safe housing | ||||||
36 | while necessary lead hazard reduction treatments |
| |||||||
|
|||||||
1 | are being performed in the affected property to | ||||||
2 | make that affected property lead-safe. | ||||||
3 | (B) medically necessary treatment for the affected | ||||||
4 | person at risk as determined by the treating physician | ||||||
5 | or other health care provider or case manager of the | ||||||
6 | person at risk that is necessary to mitigate the | ||||||
7 | effects of lead poisoning, as defined by the Department | ||||||
8 | of Public Health by regulation, and in the case of a | ||||||
9 | child, until the child reaches the age of 18; and | ||||||
10 | (C) reasonable attorney's fees, not to exceed the | ||||||
11 | lesser of $2,500 or actual time spent in the | ||||||
12 | investigation, preparation, and presentation of the | ||||||
13 | claim multiplied by an hourly rate of $150 per hour. | ||||||
14 | (8) An offeror is required to pay reasonable expenses | ||||||
15 | for the medically necessary treatments under subsection | ||||||
16 | (e)(7)(B) of this Section only if coverage for these | ||||||
17 | treatments is not otherwise provided by Medicaid, state | ||||||
18 | medical assistance program, or by a health insurance plan | ||||||
19 | under which the person at risk has coverage or in which the | ||||||
20 | person at risk is enrolled. The health insurance plan shall | ||||||
21 | have no right of subrogation against the party making the | ||||||
22 | qualified offer. | ||||||
23 | (9) Aggregate maximum amounts payable. The amounts | ||||||
24 | payable under a qualified offer made under this Section are | ||||||
25 | subject to the following aggregate maximum caps: | ||||||
26 | (A) $25,000 for all medically necessary treatments | ||||||
27 | as provided and limited in subsection (e)(7)(B); | ||||||
28 | (B) $10,000 for all relocation benefits as | ||||||
29 | provided and limited in subsection (e)(7)(A). | ||||||
30 |
All payments under a qualified offer specified in | ||||||
31 | subsection (e)(7) shall be paid to the provider of the service, | ||||||
32 | except that payment of incidental expenses may be paid directly | ||||||
33 | to the person at risk, or in the case of a child, to the parent | ||||||
34 | or legal guardian of the person at risk. | ||||||
35 |
The payments under a qualified offer may not be considered | ||||||
36 | income or an asset of the person at risk, the parent of a |
| |||||||
|
|||||||
1 | person at risk who is a child, or the legal guardian, for | ||||||
2 | purposes of determining eligibility under any state or federal | ||||||
3 | entitlement program.
| ||||||
4 | (10) Certification of compliance. A qualified offer shall | ||||||
5 | include a certification by the owner of the affected property, | ||||||
6 | under the penalties of perjury, that the owner has complied | ||||||
7 | with the applicable provisions of Section 25 and of this | ||||||
8 | Section in a manner that qualified the owner to make a | ||||||
9 | qualified offer. | ||||||
10 | (11) Offers of compromise. A qualified offer shall not be | ||||||
11 | treated as an offer of compromise for purposes of admissibility | ||||||
12 | in evidence, notwithstanding that the amount is not in | ||||||
13 | controversy. | ||||||
14 | (12) Regulations. The Director of Public Health may adopt | ||||||
15 | regulations that are necessary to carry out the provisions of | ||||||
16 | this Section.
| ||||||
17 | (f) Presumption of negligence in a case against | ||||||
18 | non-complying property owner.
| ||||||
19 | (1) An owner of an affected property, who is not in | ||||||
20 | compliance with the provisions of either subsection (a) of | ||||||
21 | Section 25 or subsection (b) of Section 25 during the | ||||||
22 | period of residency of a person at risk, is presumed to | ||||||
23 | have failed to exercise reasonable care with respect to | ||||||
24 | lead-based paint hazards during that period in an action | ||||||
25 | seeking damages on behalf of the person at risk for alleged | ||||||
26 | injury or loss resulting from exposure to lead-based paint | ||||||
27 | hazards in the affected property. | ||||||
28 | (2) The owner has the burden of rebutting this | ||||||
29 | presumption by clear and convincing evidence. | ||||||
30 | (3) The plaintiff in an action against an owner of an | ||||||
31 | affected property described in subsection (f)(1), in | ||||||
32 | addition to recovering all other legally cognizable | ||||||
33 | damages, including punitive damages where appropriate, | ||||||
34 | shall be entitled to recover reasonable attorney's fees. | ||||||
35 | Section 45. Enforcement. |
| |||||||
|
|||||||
1 | (a) Full enforcement of criminal violations and civil | ||||||
2 | remedies. Owners of affected properties who fail to comply with | ||||||
3 | the provisions of either subsection (a) of Section 25 or | ||||||
4 | subsection (b) of Section 25 shall be deemed in violation of | ||||||
5 | any applicable housing codes. The Office of the Illinois | ||||||
6 | Attorney General and any local authorities responsible for the | ||||||
7 | enforcement of housing codes shall enforce vigorously civil | ||||||
8 | remedies and criminal penalties provided for by law arising out | ||||||
9 | of the failure to comply with the requirements of this Act and | ||||||
10 | may seek injunctive relief where appropriate. | ||||||
11 | (b) Reporting of enforcement actions. Any civil or criminal | ||||||
12 | action by state or local officials to enforce the provisions of | ||||||
13 | this Act shall be reported to the Director of Public Health or | ||||||
14 | his or her local designee. The Director of Public Health or his | ||||||
15 | or her local designee shall issue an annual report outlining | ||||||
16 | specifically the enforcement actions brought pursuant to | ||||||
17 | subsection (a), the identity of the owners of the affected | ||||||
18 | properties, the authority bringing the enforcement action, the | ||||||
19 | nature of the action, and describing the criminal penalties and | ||||||
20 | civil relief. | ||||||
21 | (c) Receivership of properties not meeting standards. | ||||||
22 | After the second written notice from the Director of Public | ||||||
23 | Health, the Director of Public Health's local designee, or the | ||||||
24 | local department of health, of violations of the provisions of | ||||||
25 | this Act occurring within an affected property, or after two | ||||||
26 | criminal or civil actions pursuant to subsection (a) brought by | ||||||
27 | either State or local officials to enforce this Act arising out | ||||||
28 | of violations occurring within an affected property, unless the | ||||||
29 | violations alleged to exist are corrected, the affected | ||||||
30 | property shall be considered abandoned, and the Attorney | ||||||
31 | General, the Director of Public Health, or the Director of | ||||||
32 | Public Health's local designee, or the local department of | ||||||
33 | health, or any other officials having jurisdiction over the | ||||||
34 | affected property shall have the specific power to request the | ||||||
35 | court to appoint a receiver for the property. The court in such | ||||||
36 | instances may specifically authorize the receiver to apply for |
| |||||||
|
|||||||
1 | loans, grants, and other forms of funding necessary to correct | ||||||
2 | lead-based paint hazards and meet the standards for lead-safe | ||||||
3 | or lead-free status, and to hold the affected property for such | ||||||
4 | period of time as the funding source may require to assure that | ||||||
5 | the purposes of the funding have been met. The costs of such | ||||||
6 | receivership shall constitute a lien against the property that, | ||||||
7 | if not discharged by the owner upon receipt of the receiver's | ||||||
8 | demand for payment, shall constitute grounds for foreclosure | ||||||
9 | proceedings instituted by the receiver to recover such costs. | ||||||
10 | Section 50. Private right to injunctive relief. | ||||||
11 | (a) Right to lead-free or lead-safe housing. A person at | ||||||
12 | risk shall be deemed to have a right to housing which is either | ||||||
13 | lead-free or lead-safe as outlined in this Act. | ||||||
14 | (b) Private right of action for injunctive relief. If an | ||||||
15 | owner of an affected property fails to comply with such | ||||||
16 | standards, a private right of action shall exist that allows a | ||||||
17 | person at risk or the parent or legal guardian of a person at | ||||||
18 | risk to seek injunctive relief from a court with jurisdiction | ||||||
19 | against the owner of the affected property in the form of a | ||||||
20 | court order to compel compliance with the requirements of this | ||||||
21 | Act. | ||||||
22 |
(c) Notice of intent to seek injunctive relief. A court | ||||||
23 | shall not grant the injunctive relief requested pursuant to | ||||||
24 | subsection (b), unless, at least 30 days prior to the filing | ||||||
25 | requesting the injunction, the owner of the affected property | ||||||
26 | has received written notice of the violation of standards | ||||||
27 | contained in Section 25 and has failed to bring the affected | ||||||
28 | property into compliance with the applicable standards. This | ||||||
29 | notice to the owner of the affected property is satisfied when | ||||||
30 | any of the following has occurred:
(1) a person at risk, his or | ||||||
31 | her parent or legal guardian, or attorney, has notified the | ||||||
32 | owner of an affected property that the property fails to meet | ||||||
33 | the requirements for either lead-free status under subsection | ||||||
34 | (a) of Section 25 or lead-safe status under subsection (b) of | ||||||
35 | Section 25;
(2) a local or state housing authority or the |
| |||||||
|
|||||||
1 | Department of Public Health has notified the owner of the | ||||||
2 | affected property of violations of the provisions of the Act | ||||||
3 | occurring within an affected property; or
(3) a criminal or | ||||||
4 | civil action pursuant to subsection (a) of Section 45 has been | ||||||
5 | brought by either State or local enforcement officials to | ||||||
6 | enforce this Act arising out of violations occurring within an | ||||||
7 | affected property. | ||||||
8 | (d) Right to recover litigation costs and attorney's fees. | ||||||
9 | A person who prevails in an action under subsection (b) is | ||||||
10 | entitled to an award of the costs of the litigation and to an | ||||||
11 | award of reasonable attorney's fees in an amount to be fixed by | ||||||
12 | the court. | ||||||
13 | (e) Accelerated hearing. Cases brought before the court | ||||||
14 | under this Section shall be granted an accelerated hearing.
| ||||||
15 | Section 55. Retaliatory evictions prohibited. | ||||||
16 | (a) Actions protected. An owner of an affected property may | ||||||
17 | not evict or take any other retaliatory action against a person | ||||||
18 | at risk or his or her parent or legal guardian in response to | ||||||
19 | the actions of the person at risk, his or her parent or legal | ||||||
20 | guardian in: | ||||||
21 | (1) providing information to the owner of the affected | ||||||
22 | property, the Director of Public Health, or the Director of | ||||||
23 | Public Health's local designee for the jurisdiction in | ||||||
24 | which such property is located, local health officials, or | ||||||
25 | local housing officials concerning lead-based paint | ||||||
26 | hazards within an affected property or elevated blood | ||||||
27 | levels of a person at risk; or
| ||||||
28 | (2) enforcing any of his or her rights under this Act. | ||||||
29 |
(b) A retaliatory action includes any of the following | ||||||
30 | actions in which the activities protected under subsection (a) | ||||||
31 | are a material factor in motivating the action: | ||||||
32 | (1) a refusal to renew a lease; | ||||||
33 | (2) a termination of a tenancy; | ||||||
34 | (3) an arbitrary rent increase or decrease in services | ||||||
35 | to which the person at risk or his or her parent or legal |
| |||||||
|
|||||||
1 | guardian is entitled; or | ||||||
2 | (4) any form of constructive eviction. | ||||||
3 | (c) Remedies. A person at risk or his or her parent or | ||||||
4 | legal guardian subject to an eviction or retaliatory action | ||||||
5 | under this Section is entitled to the relief as may be provided | ||||||
6 | by statute or any further relief deemed just and equitable by | ||||||
7 | the court, and is eligible for reasonable attorney's fees and | ||||||
8 | costs.
| ||||||
9 | Section 60. Educational programs. | ||||||
10 | (a) Distribution of literature about childhood lead | ||||||
11 | poisoning. Within 120 days following the effective date of this | ||||||
12 | Act, the Director of Public Health, in consultation with the | ||||||
13 | Lead Poisoning Prevention Commission, shall develop culturally | ||||||
14 | and linguistically appropriate information pamphlets regarding | ||||||
15 | childhood lead poisoning, the importance of testing for | ||||||
16 | elevated blood levels, prevention of childhood lead poisoning, | ||||||
17 | treatment of childhood lead poisoning, and where appropriate, | ||||||
18 | the requirements of this Act. It is a requirement of this Act | ||||||
19 | that the information pamphlets be distributed to parents or the | ||||||
20 | other legal guardians of children 6 years of age or younger on | ||||||
21 | the following occasions: | ||||||
22 | (1) by the owner of any affected property or his or her | ||||||
23 | agents or employees at the time of the initiation of a | ||||||
24 | rental agreement to a new tenant whose household includes a | ||||||
25 | person at risk or any other woman of childbearing age. The | ||||||
26 | owner of the affected property or his or her agents or | ||||||
27 | employees also shall specify whether the affected property | ||||||
28 | has been inspected and whether or not it complies with the | ||||||
29 | standards for either lead-safe status or lead-free status;
| ||||||
30 | (2) by the health care provider at the time of the | ||||||
31 | child's birth and at the time of any childhood immunization | ||||||
32 | or vaccine unless it is established that such information | ||||||
33 | pamphlet has been provided previously to the parent or | ||||||
34 | legal guardian by the health care provider within the prior | ||||||
35 | 12 months; and |
| |||||||
|
|||||||
1 | (3) by the owner or operator of any child care | ||||||
2 | facility, pre-school, or kindergarten class on or before | ||||||
3 | October 15 of the calendar year. | ||||||
4 | (b) Lead-safe housing seminars. The Director of Public | ||||||
5 | Health, within 120 days following the effective date of this | ||||||
6 | Act, shall establish guidelines and a trainer's manual for a | ||||||
7 | Lead-Safe Housing Awareness Seminar with a total class time of | ||||||
8 | 3 hours or less. Such courses shall be offered by professional | ||||||
9 | associations and community organizations with a training | ||||||
10 | capacity, existing accredited educational institutions, and | ||||||
11 | for-profit educational providers. All such offerings proposals | ||||||
12 | shall be reviewed and approved, on the criteria of seminar | ||||||
13 | content and qualifications of instructors, by the Illinois | ||||||
14 | Department of Public Health.
| ||||||
15 | Section 65. Screening program. | ||||||
16 | (a) Screening of children. The Director of Public Health or | ||||||
17 | his or her local designee shall establish a program for early | ||||||
18 | identification of persons at risk with elevated blood lead | ||||||
19 | levels. Such program shall systematically screen children | ||||||
20 | under 6 years of age in the target populations identified in | ||||||
21 | subsection (b) for the presence of elevated blood lead levels. | ||||||
22 | Children within the specified target populations shall be | ||||||
23 | screened with a blood lead test at ages 12 and 24 months or at | ||||||
24 | ages 36 to 72 months if they have not previously been screened. | ||||||
25 | The Director of Public Health shall, after consultation with | ||||||
26 | recognized professional medical groups and such other sources | ||||||
27 | as he or she deems appropriate, promulgate regulations | ||||||
28 | establishing, (i) the means by which and the intervals at which | ||||||
29 | such children under 6 years of age shall be screened for lead | ||||||
30 | poisoning and elevated blood lead levels; and (ii) guidelines | ||||||
31 | for the medical follow-up on children found to have elevated | ||||||
32 | blood lead levels.
| ||||||
33 | (b) Screening priorities. In developing screening programs | ||||||
34 | to identify persons at risk with elevated blood lead levels, | ||||||
35 | the Director of Public Health shall give priority to persons |
| |||||||
|
|||||||
1 | within the following categories: | ||||||
2 | (1) all children enrolled in Medicaid at ages 12 and 24 | ||||||
3 | months or at ages 36 to 72 months if they have not | ||||||
4 | previously been screened; | ||||||
5 | (2) children under the age of 6 exhibiting delayed | ||||||
6 | cognitive development or other symptoms of childhood lead | ||||||
7 | poisoning; | ||||||
8 | (3) persons at risk residing in the same household, or | ||||||
9 | recently residing in the same household, as another person | ||||||
10 | at risk with a blood lead level of 10 micrograms per | ||||||
11 | deciliter or greater; | ||||||
12 | (4) persons at risk residing, or who have recently | ||||||
13 | resided, in buildings or geographical areas where | ||||||
14 | significant numbers of cases of lead poisoning or elevated | ||||||
15 | blood lead levels have recently been reported; | ||||||
16 | (5) persons at risk residing, or who have recently | ||||||
17 | resided, in affected properties contained in buildings | ||||||
18 | which during the preceding 3 years have been subject to | ||||||
19 | enforcement actions described in subsection (a) of Section | ||||||
20 | 45, receivership actions under subsection (c) of Section | ||||||
21 | 45, or where injunctive relief has been sought pursuant to | ||||||
22 | Section 50;
| ||||||
23 | (6) persons at risk residing, or who have recently | ||||||
24 | resided, in other affected properties with the same owner | ||||||
25 | as another building containing affected properties which | ||||||
26 | during the preceding 3 years have been subject to | ||||||
27 | enforcement actions described in subsection (a) of Section | ||||||
28 | 45, receivership actions under subsection (c) of Section | ||||||
29 | 45, or where injunctive relief has been sought pursuant to | ||||||
30 | Section 50; and | ||||||
31 | (7) persons at risk residing in other buildings or | ||||||
32 | geographical areas where the Director reasonably | ||||||
33 | determines there to be a significant risk of affected | ||||||
34 | individuals having a blood lead level of 10 micrograms per | ||||||
35 | deciliter or greater. | ||||||
36 | (c) Director to maintain records of screenings and inform |
| |||||||
|
|||||||
1 | designated individuals. The Director of Public Health or his or | ||||||
2 | her local designee shall maintain comprehensive records of all | ||||||
3 | screenings conducted pursuant to this Section. Such records | ||||||
4 | shall be indexed geographically and by owner in order to | ||||||
5 | determine the location of areas of relatively high incidence of | ||||||
6 | lead poisoning and other elevated blood lead levels. These | ||||||
7 | comprehensive records shall be communicated to the Director of | ||||||
8 | Public Health or his or her local designee on an ongoing basis. | ||||||
9 | Such records, with the names of tested individuals removed for | ||||||
10 | privacy purposes, shall be public records. All cases or | ||||||
11 | probable cases of lead poisoning, as defined by regulation by | ||||||
12 | the Director of Public Health, found in the course of | ||||||
13 | screenings conducted pursuant to this Section shall be reported | ||||||
14 | immediately to the affected individual, to his or her parent or | ||||||
15 | legal guardian if he or she is a minor, and to the Director.
|