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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4862
Introduced 01/19/06, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED:
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Amends the Lead Poisoning Prevention Act. Requires the Department of Public Health to assess an annual fee against manufacturers and other persons formerly or presently engaged in the the stream of commerce of lead or products containing lead that have significantly contributed to environmental lead contamination. Provides that the fee will not be assessed against a retailer of lead or products containing lead. Provides that the fee will not be assessed upon a person if the person can demonstrate that he or she did not contribute to environmental lead contamination.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4862 |
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LRB094 17097 LJB 52382 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lead Poisoning Prevention Act is amended by |
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| adding Section 9.2 as follows:
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| (410 ILCS 45/9.2 new) |
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| Sec. 9.2. Lead and lead products fee. |
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| (a) On and after the effective date of this amendatory Act |
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| of the 94th General Assembly, the
Department shall assess an |
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| annual fee in an amount to be determined by rule against |
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| manufacturers and other persons formerly or presently engaged |
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| in the stream of commerce of lead
or products containing lead |
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| or who are otherwise responsible for
identifiable sources of |
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| lead that, as determined by the Department,
have significantly |
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| contributed historically or currently to environmental lead |
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| contamination.
To the maximum extent practical, the fee shall |
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| be assessed on
the basis of the following criteria: |
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| (1) a person's past and present responsibility for |
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| environmental
lead contamination; and |
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| (2) a person's market share responsibility for |
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| environmental
lead contamination. |
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| This Section does not apply to, and no fee shall be |
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| assessed
upon, any retailer of lead or products containing |
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| lead. |
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| (b) The fee shall be assessed and collected annually by the |
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| Department. The annual fee assessed in subsection
(a) shall be |
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| adjusted by the Department to reflect the
following: |
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| (1) the increase in the annual average of the Consumer
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| Price Index for the most recent year available; and |
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| (2) the increase or decrease in the number of children |
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| in
Illinois who are receiving services pursuant to this |
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| Act. |