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Human Services Committee
Adopted in House Comm. on Feb 08, 2006
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09400HB4853ham001 |
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LRB094 17686 LJB 55489 a |
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| AMENDMENT TO HOUSE BILL 4853
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| AMENDMENT NO. ______. Amend House Bill 4853 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Procurement Code is amended by |
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| adding Section 50-14.5 as follows: |
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| (30 ILCS 500/50-14.5 new)
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| Sec. 50-14.5. Lead Poisoning Prevention Act violations. |
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| Owners of residential buildings who have committed a willful or |
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| knowing violation of the Lead Poisoning Prevention Act are |
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| prohibited from doing business with the State of Illinois or |
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| any State agency. |
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| Section 10. The Illinois Income Tax Act is amended by |
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| adding Section 507MM and by changing Sections 509 and 510 as |
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| follows: |
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| (35 ILCS 5/507MM new)
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| Sec. 507MM. Lead Poisoning Screening, Prevention, and |
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| Abatement Fund checkoff. Beginning with taxable years ending on |
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| December 31, 2006, the Department shall print on its standard |
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| individual income tax form a provision indicating that if the |
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| taxpayer wishes to contribute to the Lead Poisoning Screening, |
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| Prevention, and Abatement Fund, as authorized by this |
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| amendatory Act of the 94th General Assembly, he or she may do |
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LRB094 17686 LJB 55489 a |
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| so by stating the amount of the contribution (not less than $1) |
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| on the return and that the contribution will reduce the |
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| taxpayer's refund or increase the amount of the payment to |
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| accompany the return. Failure to remit any amount of increased |
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| payment shall reduce the contribution accordingly. This |
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| Section shall not apply to an amended return.
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| (35 ILCS 5/509) (from Ch. 120, par. 5-509)
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| Sec. 509. Tax checkoff explanations. All individual income |
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| tax return forms
shall contain appropriate explanations and |
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| spaces to enable the taxpayers to
designate contributions to |
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| the following funds:
the Child Abuse Prevention Fund,
the |
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| Illinois Wildlife Preservation Fund (as required by the |
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| Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's |
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| Disease Research Fund (as required by the Alzheimer's
Disease |
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| Research Act),
the Assistance to the Homeless Fund (as required |
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| by this Act),
the Penny Severns Breast and Cervical Cancer |
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| Research Fund,
the National World War II Memorial Fund,
the |
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| Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) |
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| Research Fund,
the Multiple Sclerosis Assistance Fund,
the |
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| Sarcoidosis Research Fund, the Leukemia Treatment and |
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| Education Fund,
the World War II Illinois Veterans Memorial |
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| Fund,
the Korean War Veterans National Museum and Library Fund,
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| the Illinois Military Family Relief Fund,
the Blindness |
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| Prevention Fund, the Illinois Veterans' Homes Fund, the |
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| Epilepsy Treatment and Education Grants-in-Aid Fund, the |
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| Diabetes Research Checkoff Fund, the Vince Demuzio Memorial |
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| Colon Cancer Fund, the Autism Research Fund, the Asthma and |
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| Lung Research Fund, and the Illinois Brain Tumor Research Fund , |
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| and the Lead Poisoning Screening, Prevention, and Abatement |
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| Fund .
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| Each form shall contain a statement that the contributions |
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| will reduce the
taxpayer's refund or increase the amount of |
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| payment to accompany the return.
Failure to remit any amount of |
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LRB094 17686 LJB 55489 a |
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| increased payment shall reduce the contribution
accordingly.
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| If, on October 1 of any year, the total contributions to |
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| any one of the
funds made under this Section do not equal |
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| $100,000 or more, the explanations
and spaces for designating |
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| contributions to the fund shall be removed from the
individual |
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| income tax return forms for the following and all subsequent |
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| years
and all subsequent contributions to the fund shall be |
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| refunded to the taxpayer.
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| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; |
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| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. |
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| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. |
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| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. |
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| 8-16-05; 94-649, eff. 8-22-05; revised 8-29-05.)
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| (35 ILCS 5/510) (from Ch. 120, par. 5-510)
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| Sec. 510. Determination of amounts contributed. The |
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| Department shall
determine the total amount contributed to each |
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| of the following:
the Child Abuse Prevention Fund,
the Illinois |
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| Wildlife Preservation Fund,
the Assistance to the Homeless |
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| Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns |
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| Breast and Cervical Cancer Research Fund,
the National World |
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| War II Memorial Fund,
the Prostate Cancer Research Fund,
the |
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| Illinois Military Family Relief Fund,
the Lou Gehrig's Disease |
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| (ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,
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| the Sarcoidosis Research Fund, the Leukemia Treatment and |
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| Education Fund,
the World War II Illinois Veterans Memorial |
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| Fund,
the Korean War Veterans National Museum and Library Fund, |
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| the Illinois Veterans' Homes Fund, the Epilepsy Treatment and |
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| Education Grants-in-Aid Fund,
the Diabetes Research Checkoff |
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| Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism |
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| Research Fund, the Blindness Prevention Fund, the Asthma and |
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| Lung Research Fund, and the Illinois Brain Tumor Research Fund , |
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| and the Lead Poisoning Screening, Prevention, and Abatement |
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| Fund ;
and shall notify the State Comptroller and the State |
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| Treasurer of the amounts
to be transferred from the General |
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| Revenue Fund to each fund, and upon receipt
of such |
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| notification the State Treasurer and Comptroller shall |
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| transfer the
amounts.
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| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; |
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| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. |
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| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. |
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| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. |
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| 8-16-05; 94-649, eff. 8-22-05; revised 8-29-05.)
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| Section 15. The Lead Poisoning Prevention Act is amended by |
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| changing Sections 2, 3, 4, 5, 6, 7.1, 8, 9, and 12 and by adding |
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| Sections 6.01, 6.3, 9.2, 10.1, and 12.1 as follows:
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| (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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| Sec. 2. Definitions. As used in this Act:
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| "Abatement" means the removal or encapsulation of all |
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| leadbearing
substances in a residential building or dwelling |
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| unit.
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| "Child care facility" means any structure used by a child |
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| care
provider licensed by the Department of Children and Family |
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| Services or
public school structure frequented by children |
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| through 6 years of
age.
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| "Delegate agency" means a unit of local government or |
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| health
department approved by the Department to carry out the |
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| provisions of this Act.
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| "Department" means the Department of Public Health of the |
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| State of
Illinois.
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| "Dwelling" means any structure all or part of which is |
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| designed or
used for human habitation.
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| "High risk area" means an area in the State determined by |
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| the Department to
be high risk for lead exposure for children |
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| through 6 years of age. The
Department shall consider, but not |
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| be limited to, the following factors to
determine a high risk |
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| area: age and condition (using Department of Housing and
Urban
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| Development definitions of "slum" and "blighted") of housing, |
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| proximity to
highway traffic or heavy local traffic or both, |
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| percentage of housing
determined as rental or vacant, proximity |
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| to industry using lead, established
incidence of elevated blood |
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| lead levels in children, percentage of population
living
below |
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| 200% of federal poverty guidelines, and number of children |
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| residing in
the area who are 6 years of age or younger.
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| "Exposed surface" means any interior or exterior surface of |
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| a dwelling or
residential building.
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| "Lead abatement contractor" means any person or entity |
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| licensed by the
Department to perform lead abatement and |
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| mitigation.
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| "Lead abatement worker" means any person employed by a lead |
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| abatement
contractor and licensed by the Department to perform |
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| lead abatement and
mitigation.
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| "Lead bearing substance" means any item containing or |
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| coated with lead such that the lead content is more than |
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| six-hundredths of one percent (0.06%) lead by weight; or any |
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| dust on surfaces or in
furniture or other nonpermanent elements |
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| of the dwelling ; or
and any paint or
other surface coating |
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| material containing more than five-tenths of one
percent (0.5%) |
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| lead by weight (calculated as lead metal) in the total
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| non-volatile content of liquid paint ; , or lead bearing |
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| substances containing
greater than one milligram per square |
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| centimeter or any lower standard for
lead content in |
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| residential paint as may be established by federal law or
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| regulation; or more than 1 milligram per square centimeter in |
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| the dried
film of paint or previously applied substance; or |
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| item or dust on item
object containing lead in
excess of the |
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| amount specified in the rules and regulations authorized by
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| this Act or a lower standard for lead content as may be |
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| established by
federal law ,
or regulation , or guidance .
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| "Lead hazard" means a lead bearing substance that poses an
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| immediate health hazard to humans.
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| "Lead poisoning" means the condition of having blood lead |
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| levels in
excess of those considered safe under State and |
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| federal rules and regulations.
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| "Low risk area" means an area in the State determined by |
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| the Department to
be low risk for lead exposure for children |
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| through 6 years of age. The
Department shall consider the |
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| factors named in "high risk area" to determine
low risk areas.
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| "Mitigation" means the remediation, in a manner described |
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| in Section 9,
of a lead hazard so that the lead bearing |
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| substance does not pose an
immediate health hazard to humans.
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| "Owner" means any person, who alone, jointly, or severally |
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| with
others:
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| (a) Has legal title to any dwelling or residential |
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| building, with or
without accompanying actual possession |
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| of the dwelling or residential
building, or
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| (b) Has charge, care or control of the dwelling or |
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| residential
building as owner or agent of the owner, or as |
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| executor, administrator,
trustee, or guardian of the |
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| estate of the owner.
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| "Person" means any one or more natural persons, legal |
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| entities,
governmental bodies, or any combination.
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| "Residential building" means any room, group of rooms, or |
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| other
interior areas of a structure designed or used for human |
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| habitation; common
areas accessible by inhabitants; and the |
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| surrounding property or structures.
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| "Risk assessment" means a questionnaire to be developed by |
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| the Department
for use by physicians and other health care |
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| providers to determine risk factors
for children through 6 |
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| years of age residing in areas designated as low risk
for lead |
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| exposure.
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| (Source: P.A. 89-381, eff. 8-18-95.)
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| (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
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| Sec. 3. Lead bearing substance use. No person shall use or |
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| apply
lead bearing substances:
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| (a) In or upon any exposed surface of a dwelling or |
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| dwelling unit;
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| (b) In or around the exposed surfaces of a child care |
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| facility or
other structure frequented by children;
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| (c) In or upon any fixtures or other objects used, |
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| installed, or located
in or upon any exposed surface of a |
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| dwelling or residential building,
or child care facility, or |
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| intended
to be so used, installed, or located and that, in the |
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| ordinary course of
use, are accessible to or
and chewable by |
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| children;
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| (d) In or upon any items, including, but not limited to, |
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| clothing, accessories, jewelry, decorative objects, edible or |
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| chewable items, candy, food, dietary supplements, toys, |
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| furniture, or other articles used by or
and
chewable by |
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| children;
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| (e) Within or upon a residential building or dwelling, |
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| child care
facility, school, playground, park, or recreational
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| area, or other areas regularly frequented by children.
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| (Source: P.A. 87-175.)
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| (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
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| Sec. 4. Sale of items
toys or furniture containing lead |
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| bearing substance. No person shall sell, have, offer for sale, |
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| or transfer toys ,
or
furniture , clothing, accessories, |
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| jewelry, decorative objects, edible or chewable items, candy, |
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| food, dietary supplements, or other articles used by or |
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| chewable by children that contains a lead bearing substance.
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| (Source: P.A. 87-175.)
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| (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
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| Sec. 5. Sale of objects containing lead bearing substance. |
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| No person
shall sell or transfer or offer for sale or transfer |
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| any fixtures or other
objects intended to be used, installed, |
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| or located in or upon any surface
of a dwelling or residential |
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| building, or child care facility, that
contains a lead bearing |
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| substance and that, in the ordinary course of use,
are |
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| accessible to or
and chewable by children.
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| (Source: P.A. 87-175.)
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| (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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| Sec. 6. Warning statement. No person, firm, or corporation |
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| shall have,
offer for sale, sell, or give away any lead bearing |
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| substance that may be
used by the general public unless it |
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| bears the warning statement as
prescribed by federal |
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| regulation. If no regulation is prescribed the
warning |
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| statement shall be as follows when the lead bearing substance |
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| is a lead-based paint or surface coating : "WARNING--CONTAINS |
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| LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR |
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| CHEWED. See Other Cautions on
(Side or Back) Panel. Do not |
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| apply on toys, or other children's articles,
furniture, or |
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| interior, or exterior exposed surfaces of any residential
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| building or facility that may be occupied or used by children. |
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| KEEP OUT OF
THE REACH OF CHILDREN." . If no regulation is |
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| prescribed the warning statement shall be as follows when the |
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| lead bearing substance contains lead-based paint or a form of |
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| lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY |
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| BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING |
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| LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
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| (a) The generic term of a product, such as "paint" may be |
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| substituted
for the word "substance" in the above labeling.
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| (b) The placement, conspicuousness, and contrast of the |
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| above labeling
shall be in accordance with Section 191.101 of |
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| the regulations promulgated
under the provisions of the Federal |
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| Hazardous Substances Act.
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| (Source: P.A. 87-175.)
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| (410 ILCS 45/6.01 new)
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| Sec. 6.01. Warning statement where supplies sold. Any |
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| retailer, store, or commercial establishment that offers |
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| paint, sandpaper, or other supplies intended for the removal of |
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| paint or other surface coatings for sale or for rent to the |
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| public shall display, in a prominent and easily visible |
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| location, a poster provided by or approved by the Department |
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| containing, at a minimum, the following: |
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| (1) a statement that dry sanding and dry scraping of |
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| paint in dwellings built before 1978 is prohibited; |
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| (2) a statement that the improper removal of old paint |
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| is a significant source of lead dust and the primary cause |
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| of lead poisoning; and |
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| (3) the phone number of the Department or delegate |
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| agency where customers can obtain additional information. |
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| (410 ILCS 45/6.3 new)
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| Sec. 6.3. Information provided by the Department of |
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| Healthcare and Family Services. |
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| (a) The Director of Healthcare and Family Services shall |
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| provide, upon request of the Director of Public Health, an |
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| electronic record of all children less than 7 years of age who |
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| receive Medicaid, Kidcare, or other health care benefits from |
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| the Department of Healthcare and Family Services. The records |
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| shall include a history of claims filed for each child and the |
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| health care provider who rendered the services. On at least an |
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| annual basis, the Director of Public Health shall match the |
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| records provided by the Department of Healthcare and Family |
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| Services with the records of children receiving lead tests, as |
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| reported to the Department under Section 7 of this Act. |
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| (b) The Director shall prepare a report documenting the |
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| frequency of lead testing and elevated blood and lead levels |
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| among children receiving benefits from the Department of |
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| Healthcare and Family Services. On at least an annual basis, |
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| the Director shall prepare and deliver a report to each health |
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| care provider who has rendered services to children receiving |
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| benefits from the Department of Healthcare and Family Services. |
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| The report shall contain the aggregate number of children |
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| receiving benefits from the Department of Healthcare and Family |
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| Services to whom the provider has provided services, the number |
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| and percentage of children tested for lead poisoning, and the |
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| number and percentage of children having an elevated lead |
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| level. The Department of Public Health may exclude health care |
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| providers who provide specialized or emergency medical care and |
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| who are unlikely to be the primary medical care provider for a |
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| child. Upon the request of a provider, the Department of Public |
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| Health may generate a list of individual patients treated by |
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| that provider according to the claims records and the patients' |
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| lead test results.
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| (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
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| Sec. 7.1. Child care facilities must require lead blood |
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| level
screening for admission. By January 1, 1993, each day |
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| care center, day
care home, preschool, nursery school, |
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| kindergarten, or other child care
facility, licensed or |
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| approved by the State, including such programs
operated by a |
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| public school district, shall include a requirement that each
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| parent or legal guardian of a child between the ages of 6 |
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| months through 6
years provide a statement from a physician or |
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| health care provider that the
child has been risk assessed, as |
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| provided in Section 6.2, if the child
resides in an area |
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| defined as low risk by the Department, or screened for
lead |
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| poisoning as provided for in Section 6.2, if the child resides |
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| in an
area
defined as high risk. This statement shall be
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| provided prior to admission and subsequently in conjunction |
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| with required
physical examinations.
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| Nothing in this Section shall be construed to require any |
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| child
to undergo a lead blood level screening or test whose |
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| parent or guardian
objects on the grounds that the screening or |
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| test conflicts with his or her
religious beliefs.
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| Child care facilities that participate in the Illinois |
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| Child Care Assistance Program (CCAP) shall annually send or |
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| deliver to the parents or guardians of children enrolled in the |
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| facility's care an informational pamphlet regarding awareness |
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| of lead paint poisoning. Pamphlets shall be produced and made |
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| available by the Department and shall be downloadable from the |
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| Department's Internet website. The Department of Human |
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| Services and the Department of Public Health shall assist in |
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| the distribution of the pamphlet.
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| (Source: P.A. 89-381, eff. 8-18-95.)
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| (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
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| Sec. 8. Inspection of buildings occupied by a person |
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| screening positive. A representative of the Department, or |
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| delegate agency, may, after
notification that an occupant of |
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| the dwelling unit in question is found to
have a blood lead |
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| value of the value set forth in Section 7, upon
presentation of |
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| the appropriate credentials to the owner, occupant, or his
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| representative, inspect dwelling or dwelling units, at |
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| reasonable times,
for the purposes of ascertaining that all |
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| surfaces accessible to children
are intact and in good repair, |
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| and for purposes of ascertaining the
existence of lead bearing |
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| substances. Such representative of the
Department, or delegate |
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| agency, may remove samples or objects necessary for
laboratory |
26 |
| analysis, in the determination of the presence of lead-bearing
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| substances in the designated dwelling or dwelling unit.
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| If a building is occupied by a child of less than 3 years
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| of age screening positive the Department, in addition to all
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| other requirements of this Section, must inspect the dwelling
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| unit and common place area of the child screening positive. The
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| Department may inspect more units as it deems necessary.
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| Following the inspection, the Department or its delegate |
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| agency shall:
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| (1) Prepare an inspection report which shall:
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| (A) State the address of the dwelling unit.
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| (B) Describe the scope of the inspection, the |
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| inspection procedures
used, and the method of ascertaining |
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| the existence of a lead bearing
substance in the dwelling |
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| unit.
|
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| (C) State whether any lead bearing substances were |
9 |
| found in the dwelling unit.
|
10 |
| (D) Describe the nature, extent, and location of any |
11 |
| lead bearing
substance that is found.
|
12 |
| (E) State either that a lead hazard does exist or that |
13 |
| a lead hazard
does not exist. If a lead hazard does exist, |
14 |
| the report shall describe the
source, nature and location |
15 |
| of the lead hazard. The existence of intact
lead paint does |
16 |
| not alone constitute a lead hazard for the purposes of this
|
17 |
| Section.
|
18 |
| (F) Give the name of the person who conducted the |
19 |
| inspection and
the person to contact for further |
20 |
| information regarding the inspection and
the requirements |
21 |
| of this Act.
|
22 |
| (2) Mail or otherwise provide a copy of the inspection |
23 |
| report to the
property owner and to the occupants of the |
24 |
| dwelling unit. If a lead
bearing substance is found, at the |
25 |
| time of providing a copy of the
inspection report, the |
26 |
| Department or its delegate agency shall attach an
informational |
27 |
| brochure.
|
28 |
| (Source: P.A. 87-175; 87-1144.)
|
29 |
| (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
|
30 |
| Sec. 9. Procedures upon determination of lead hazard.
|
31 |
| (1) If the inspection report identifies a lead hazard, the |
32 |
| Department or
delegate agency shall serve a mitigation notice |
33 |
| on the property owner that the
owner is required to mitigate |
|
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| the lead hazard, and shall indicate the time
period specified |
2 |
| in this Section in which the owner must complete the
|
3 |
| mitigation. The notice shall include information describing |
4 |
| mitigation
activities which meet the requirements of this Act.
|
5 |
| (2) If the inspection report identifies a lead hazard, the |
6 |
| owner shall
mitigate the lead hazard in a manner prescribed by |
7 |
| the Department and within
the time limit prescribed by this |
8 |
| Section. The Department shall adopt rules
regarding acceptable |
9 |
| methods of mitigating a lead hazard. If the source of the
lead |
10 |
| hazard identified in the inspection report is lead paint or any |
11 |
| other
leaded surface coating, the lead hazard shall be deemed |
12 |
| to have been mitigated
if:
|
13 |
| (A) The surface identified as the source of the hazard |
14 |
| is no longer in
a condition that produces a hazardous level |
15 |
| of leaded chips, flakes, dust
or any other form of leaded |
16 |
| substance, that can be ingested or inhaled by
humans, or;
|
17 |
| (B) If the surface identified as the source of the |
18 |
| hazard is accessible
to children and could reasonably be |
19 |
| chewed on by children, the surface
coating is either |
20 |
| removed or covered, the surface is removed, or the access
|
21 |
| to the leaded surface by children is otherwise prevented as |
22 |
| prescribed
by the Department.
|
23 |
| (3) Mitigation activities which involve the destruction or |
24 |
| disturbance of
any leaded surface shall be conducted by a |
25 |
| licensed lead abatement contractor
using licensed lead |
26 |
| abatement workers. The Department may prescribe by rule
|
27 |
| mitigation activities that may be performed without a licensed |
28 |
| contractor or
worker. The Department may, on a case by case |
29 |
| basis, grant a waiver of the
requirement to use licensed lead |
30 |
| abatement contractors and workers, provided
the waiver does not |
31 |
| endanger the health or safety of humans.
|
32 |
| (4) The Department shall establish procedures whereby an |
33 |
| owner,
after receiving a mitigation notice under this Section, |
34 |
| may submit a
mitigation plan to the Department or delegate |
|
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| agency for review and approval.
|
2 |
| (5) When a mitigation notice is issued for a dwelling unit |
3 |
| inspected as a
result of an elevated blood lead level in a |
4 |
| pregnant woman or a child, or if
the dwelling unit is occupied |
5 |
| by a child under 6 years of age or a pregnant
woman, the owner |
6 |
| shall mitigate the hazard within 30 days of receiving the
|
7 |
| notice; otherwise, the owner shall complete the mitigation |
8 |
| within 90 days.
|
9 |
| (6) An owner may apply to the Department or its delegate |
10 |
| agency
for an extension of the deadline for mitigation. If the |
11 |
| Department or its
delegate agency determines that the owner is |
12 |
| making substantial progress
toward mitigation, or that the |
13 |
| failure to meet the deadline is the result
of a shortage of |
14 |
| licensed abatement contractors or workers, or that the
failure |
15 |
| to meet the deadline is because the owner is awaiting the |
16 |
| review
and approval of a mitigation plan, the Department or |
17 |
| delegate agency may
grant an extension of the deadline.
|
18 |
| (7) The Department or its delegate agency may, after the |
19 |
| deadline set for
completion of mitigation, conduct a follow-up |
20 |
| inspection of any dwelling for
which a mitigation notice was |
21 |
| issued for the purpose of determining whether the
mitigation |
22 |
| actions required have been completed and whether the activities |
23 |
| have
sufficiently mitigated the lead hazard as provided under |
24 |
| this Section. The
Department or its delegate agency may conduct |
25 |
| a follow-up inspection upon the
request of an owner or |
26 |
| resident. If, upon completing the follow-up inspection,
the |
27 |
| Department or its delegate agency finds that the lead hazard |
28 |
| for which the
mitigation notice was issued is not mitigated, |
29 |
| the Department or its delegate
agency shall serve the owner |
30 |
| with notice of the deficiency and a mitigation
order. The order |
31 |
| shall indicate the specific actions the owner must
take to |
32 |
| comply with the mitigation requirements of this Act, which may
|
33 |
| include abatement if abatement is the sole means by which the |
34 |
| lead hazard
can be mitigated. The order shall also include the |
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| date by which the
mitigation shall be completed. If, upon |
2 |
| completing the follow-up
inspection, the Department or |
3 |
| delegate agency finds that the mitigation
requirements of this |
4 |
| Act have been satisfied, the Department or delegate
agency |
5 |
| shall provide the owner with a certificate of compliance |
6 |
| stating
that the required mitigation has been accomplished. |
7 |
| (8) When mitigation notices are issued for 2 or more |
8 |
| dwelling units in a building within a 5-year time period, the |
9 |
| Department may inspect all units and common areas in the |
10 |
| building or require the building owner to hire a private |
11 |
| inspector to perform the inspection. All lead hazards must be |
12 |
| mitigated in a reasonable time frame, as determined by rules |
13 |
| adopted by the Department by December 31, 2006.
|
14 |
| (Source: P.A. 87-175; 87-1144.)
|
15 |
| (410 ILCS 45/9.2 new)
|
16 |
| Sec. 9.2. Owner's obligation to post notice. The owner of a |
17 |
| dwelling unit or residential building who has received a |
18 |
| mitigation notice under Section 9 of this Act shall post |
19 |
| notices in common areas of the building specifying the |
20 |
| identified lead hazards. The posted notices, drafted by the |
21 |
| Department and sent to the property owner with the notification |
22 |
| of lead hazards, shall indicate the following: |
23 |
| (1) that a unit or units in the building have been |
24 |
| found to have lead hazards; |
25 |
| (2) that other units in the building may have lead |
26 |
| hazards; |
27 |
| (3) that the Department recommends that children 6 |
28 |
| years of age or younger receive a blood lead screening; and |
29 |
| (4) where to seek further information. |
30 |
| (410 ILCS 45/10.1 new)
|
31 |
| Sec. 10.1. Notice of violations recorded with deeds. If the |
32 |
| owner of a property has failed to complete mitigation |
|
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| activities required by the Department or delegate agency within |
2 |
| 90 days after the issuance of a mitigation notice, the |
3 |
| Department or delegate agency shall cause a Notice of Discovery |
4 |
| of Lead Hazards to be recorded at the office of the Recorder of |
5 |
| Deeds in the county in which the property is located. The |
6 |
| Notice shall, at a minimum, consist of the information required |
7 |
| by the Recorder of Deeds to record the Notice, the location of |
8 |
| the dwelling unit where the hazard is located, and a statement |
9 |
| that the Department or delegate agency identified lead hazards |
10 |
| in violation of this Act. Upon the issuance of a certificate of |
11 |
| compliance, the Department or delegate agency shall provide the |
12 |
| property owner with a Release of Notice of Discovery of Lead |
13 |
| Hazards that, at a minimum, shall consist of the information |
14 |
| required by the Recorder of Deeds to record the Release and a |
15 |
| statement that the previously identified lead hazards have been |
16 |
| mitigated to the satisfaction of the Department or delegate |
17 |
| agency. The owner may cause this Release to be recorded at the |
18 |
| office of the Recorder of Deeds in the county in which the |
19 |
| property is located. The Release shall release only the Notice |
20 |
| of Discovery of Lead Hazards and not any other liens or claims |
21 |
| separately recorded by the Department or delegate agency.
|
22 |
| (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
|
23 |
| Sec. 12. Violations of Act.
|
24 |
| (a) Violation of any Section of this Act other than Section |
25 |
| 7 shall be
punishable as a Class A misdemeanor.
|
26 |
| (b) In cases where a person is found to have mislabeled,
|
27 |
| possessed, offered for sale or transfer, sold or transferred,
|
28 |
| or given away lead-bearing substances, a representative of the
|
29 |
| Department shall confiscate the lead-bearing substances and
|
30 |
| retain the substances until they are shown to be in compliance
|
31 |
| with this Act.
|
32 |
| (c) In addition to any other penalty provided under this |
33 |
| Act, the court in
an action brought under subsection (e) may |
|
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| impose upon any person who violates
or does not comply with a |
2 |
| notice of deficiency and a mitigation order issued
under |
3 |
| subsection (7) of Section 9 of this Act or who fails to comply |
4 |
| with subsection (3) or subsection (5) of Section 9 of this Act |
5 |
| a civil penalty not exceeding
$2,500 for each violation, plus |
6 |
| $250 for each day that the violation continues.
|
7 |
| Any civil penalties collected in a court proceeding shall |
8 |
| be deposited into a
delegated county lead poisoning screening, |
9 |
| prevention, and abatement fund or,
if no delegated county or |
10 |
| lead poisoning screening, prevention, and abatement
fund |
11 |
| exists, into the Lead Poisoning Screening, Prevention, and |
12 |
| Abatement Fund
established under Section 7.2.
|
13 |
| (d) Whenever the Department finds that an emergency exists |
14 |
| that requires
immediate action to protect the health of |
15 |
| children under this Act, it may,
without administrative |
16 |
| procedure or notice, cause an action to be brought by
the |
17 |
| Attorney General or the State's Attorney of the county in which |
18 |
| a violation
has occurred for a temporary restraining order or a |
19 |
| preliminary injunction to
require such action as is required to |
20 |
| meet the emergency and protect the health
of children.
|
21 |
| (e) The State's Attorney of the county in which a violation |
22 |
| occurs or the
Attorney General may bring an action for the |
23 |
| enforcement of this Act and the
rules adopted and orders issued |
24 |
| under this Act, in the name of the People of
the State of |
25 |
| Illinois, and may, in addition to other remedies provided in
|
26 |
| this Act, bring an action for a temporary restraining order or |
27 |
| preliminary
injunction as described in subsection (d) or an |
28 |
| injunction to restrain any
actual or threatened violation or to |
29 |
| impose or collect a civil penalty for any
violation.
|
30 |
| (Source: P.A. 92-447, eff. 8-21-01.)
|
31 |
| (410 ILCS 45/12.1 new)
|
32 |
| Sec. 12.1. Attorney General and State's Attorney |
33 |
| publishing of violators; continuing legal education; report to |
|
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| General Assembly. |
2 |
| (a) The Attorney General and State's Attorney offices shall |
3 |
| publish a publicly available list of property owners who have |
4 |
| repeatedly violated this Act. The Department shall provide the |
5 |
| Attorney General and State's Attorney offices with the list on |
6 |
| a quarterly basis. |
7 |
| (b) The Attorney General and State's Attorney offices shall |
8 |
| establish a continuing legal education program for attorneys |
9 |
| and judges concerning enforcement of this Act and related laws. |
10 |
| (c) The Attorney General and State's Attorney offices shall |
11 |
| report to the General Assembly annually the number of lead |
12 |
| poisoning cases that have been referred for enforcement and the |
13 |
| disposition of those cases.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.".
|