Rep. Harry Osterman
Filed: 4/28/2008
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1 | AMENDMENT TO HOUSE BILL 5789
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2 | AMENDMENT NO. ______. Amend House Bill 5789, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Lead Poisoning Prevention Act is amended by | ||||||
6 | changing Sections 2, 6, and 12 as follows:
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7 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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8 | Sec. 2. Definitions. As used in this Act:
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9 | "Abatement" means the removal or encapsulation of all | ||||||
10 | leadbearing
substances in a residential building or dwelling | ||||||
11 | unit.
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12 | "Child care facility" means any structure used by a child | ||||||
13 | care
provider licensed by the Department of Children and Family | ||||||
14 | Services or
public school structure frequented by children | ||||||
15 | through 6 years of
age.
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16 | "Delegate agency" means a unit of local government or |
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1 | health
department approved by the Department to carry out the | ||||||
2 | provisions of this Act.
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3 | "Department" means the Department of Public Health of the | ||||||
4 | State of
Illinois.
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5 | "Dwelling" means any structure all or part of which is | ||||||
6 | designed or
used for human habitation.
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7 | "High risk area" means an area in the State determined by | ||||||
8 | the Department to
be high risk for lead exposure for children | ||||||
9 | through 6 years of age. The
Department shall consider, but not | ||||||
10 | be limited to, the following factors to
determine a high risk | ||||||
11 | area: age and condition (using Department of Housing and
Urban
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12 | Development definitions of "slum" and "blighted") of housing, | ||||||
13 | proximity to
highway traffic or heavy local traffic or both, | ||||||
14 | percentage of housing
determined as rental or vacant, proximity | ||||||
15 | to industry using lead, established
incidence of elevated blood | ||||||
16 | lead levels in children, percentage of population
living
below | ||||||
17 | 200% of federal poverty guidelines, and number of children | ||||||
18 | residing in
the area who are 6 years of age or younger.
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19 | "Exposed surface" means any interior or exterior surface of | ||||||
20 | a dwelling or
residential building.
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21 | "Lead abatement contractor" means any person or entity | ||||||
22 | licensed by the
Department to perform lead abatement and | ||||||
23 | mitigation.
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24 | "Lead abatement worker" means any person employed by a lead | ||||||
25 | abatement
contractor and licensed by the Department to perform | ||||||
26 | lead abatement and
mitigation.
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1 | "Lead bearing substance" means any item containing or | ||||||
2 | coated with lead such that the lead content is more than | ||||||
3 | six-hundredths of one percent (0.06%) lead by total weight or a | ||||||
4 | lower standard for lead content as may be established by | ||||||
5 | federal or State law or regulation ; or any dust on surfaces or | ||||||
6 | in
furniture or other nonpermanent elements of the dwelling; or | ||||||
7 | any paint or
other surface coating material containing more | ||||||
8 | than five-tenths of one
percent (0.5%) lead by total weight | ||||||
9 | (calculated as lead metal) in the total
non-volatile content of | ||||||
10 | liquid paint; or lead bearing substances containing
greater | ||||||
11 | than one milligram per square centimeter or any lower standard | ||||||
12 | for
lead content in residential paint as may be established by | ||||||
13 | federal law or
regulation; or more than 1 milligram per square | ||||||
14 | centimeter in the dried
film of paint or previously applied | ||||||
15 | substance; or item or dust on item containing lead in
excess of | ||||||
16 | the amount specified in the rules and regulations authorized by
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17 | this Act or a lower standard for lead content as may be | ||||||
18 | established by
federal law or regulation. "Lead bearing | ||||||
19 | substance" does not include firearm ammunition or components as | ||||||
20 | defined by the Firearm Owners Identification Card Act.
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21 | "Lead hazard" means a lead bearing substance that poses an
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22 | immediate health hazard to humans.
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23 | "Lead poisoning" means the condition of having blood lead | ||||||
24 | levels in
excess of those considered safe under State and | ||||||
25 | federal rules and regulations.
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26 | "Low risk area" means an area in the State determined by |
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1 | the Department to
be low risk for lead exposure for children | ||||||
2 | through 6 years of age. The
Department shall consider the | ||||||
3 | factors named in "high risk area" to determine
low risk areas.
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4 | "Mitigation" means the remediation, in a manner described | ||||||
5 | in Section 9,
of a lead hazard so that the lead bearing | ||||||
6 | substance does not pose an
immediate health hazard to humans.
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7 | "Owner" means any person, who alone, jointly, or severally | ||||||
8 | with
others:
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9 | (a) Has legal title to any dwelling or residential | ||||||
10 | building, with or
without accompanying actual possession | ||||||
11 | of the dwelling or residential
building, or
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12 | (b) Has charge, care or control of the dwelling or | ||||||
13 | residential
building as owner or agent of the owner, or as | ||||||
14 | executor, administrator,
trustee, or guardian of the | ||||||
15 | estate of the owner.
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16 | "Person" means any one or more natural persons, legal | ||||||
17 | entities,
governmental bodies, or any combination.
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18 | "Residential building" means any room, group of rooms, or | ||||||
19 | other
interior areas of a structure designed or used for human | ||||||
20 | habitation; common
areas accessible by inhabitants; and the | ||||||
21 | surrounding property or structures.
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22 | "Risk assessment" means a questionnaire to be developed by | ||||||
23 | the Department
for use by physicians and other health care | ||||||
24 | providers to determine risk factors
for children through 6 | ||||||
25 | years of age residing in areas designated as low risk
for lead | ||||||
26 | exposure.
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1 | (Source: P.A. 94-879, eff. 6-20-06.)
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2 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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3 | Sec. 6. Warning statement. | ||||||
4 | (a) Children's products. Effective January 1, 2010, no | ||||||
5 | person, firm, or corporation shall sell, have, offer for sale, | ||||||
6 | or transfer toys, furniture, clothing, accessories, jewelry, | ||||||
7 | decorative objects, edible items, candy, food, dietary | ||||||
8 | supplements, or other articles used by or intended to be | ||||||
9 | chewable by children that contain a total lead content in any | ||||||
10 | component part of the item that is more than 0.004% (40 parts | ||||||
11 | per million) but less than 0.06% (600 parts per million) by | ||||||
12 | total weight or a lower standard for lead content as may be | ||||||
13 | established by federal or State law or regulation, unless that | ||||||
14 | item bears a warning statement that indicates that at least one | ||||||
15 | component part of the item contains lead. | ||||||
16 | The warning statement shall be as follows: "WARNING: | ||||||
17 | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | ||||||
18 | DUST CONTAINING LEAD." | ||||||
19 | An entity is in compliance with this subsection (a) if the | ||||||
20 | warning statement is provided on the children's product or on | ||||||
21 | the label on the immediate container of the children's product. | ||||||
22 | This subsection (a) does not apply to any product for which | ||||||
23 | federal law governs warning in a manner that preempts State | ||||||
24 | authority. | ||||||
25 | (b) Other leadbearing substances. No person, firm, or |
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1 | corporation shall have,
offer for sale, sell, or give away any | ||||||
2 | lead bearing substance that may be
used by the general public , | ||||||
3 | except as otherwise provided in subsection (a) of this Section, | ||||||
4 | unless it bears the warning statement as
prescribed by federal | ||||||
5 | regulation. If no regulation is prescribed the
warning | ||||||
6 | statement shall be as follows when the lead bearing substance | ||||||
7 | is a lead-based paint or surface coating: "WARNING--CONTAINS | ||||||
8 | LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR | ||||||
9 | CHEWED. MAY GENERATE DUST CONTAINING LEAD. See Other Cautions | ||||||
10 | on
(Side or Back) Panel. Do not apply on toys, or other | ||||||
11 | children's articles,
furniture, or interior, or exterior | ||||||
12 | exposed surfaces of any residential
building or facility that | ||||||
13 | may be occupied or used by children. KEEP OUT OF
THE REACH OF | ||||||
14 | CHILDREN.". If no regulation is prescribed the warning | ||||||
15 | statement shall be as follows when the lead bearing substance | ||||||
16 | contains lead-based paint or a form of lead other than | ||||||
17 | lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF | ||||||
18 | EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF | ||||||
19 | THE REACH OF CHILDREN.".
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20 | (c) (a) The generic term of a product, such as "paint" may | ||||||
21 | be substituted
for the word "substance" in the above labeling.
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22 | (d) (b) The placement, conspicuousness, and contrast of the | ||||||
23 | above labeling
shall be in accordance with 16 C.F.R. 1500.121.
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24 | (e) A retail entity with no role or control over the | ||||||
25 | manufacture, importation, or distribution of a product covered | ||||||
26 | under subsection (a) or subsection (b) of this Section and no |
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1 | reasonable means of knowing the lead content of a product | ||||||
2 | covered under subsection (a) or subsection (b) of this Section | ||||||
3 | is not responsible for compliance with those subsections. | ||||||
4 | Nothing in this Section shall require a retail entity to test a | ||||||
5 | product to determine lead content. | ||||||
6 | (f) Subsection (b) of this Section does not apply to any | ||||||
7 | component part of a consumer electronic product, including, but | ||||||
8 | not limited to, personal computers, audio and video equipment, | ||||||
9 | calculators, wireless phones, game consoles, and handheld | ||||||
10 | devices incorporating a video screen used to access interactive | ||||||
11 | software and their associated peripherals, that is not | ||||||
12 | accessible to a child through normal and reasonably foreseeable | ||||||
13 | use and abuse of the product. A component part is not | ||||||
14 | accessible under this subsection (f) if the component part is | ||||||
15 | not physically exposed by reason of a sealed covering or casing | ||||||
16 | and does not become physically exposed through reasonably | ||||||
17 | foreseeable use and abuse of the product. Paint, coatings, and | ||||||
18 | electroplating, singularly or in any combination, are not | ||||||
19 | sufficient to constitute a sealed covering or casing for | ||||||
20 | purposes of this Section. | ||||||
21 | (g) Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency head | ||||||
23 | under the jurisdiction of the Governor has any authority to | ||||||
24 | make or promulgate rules to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly. If, | ||||||
26 | however, the Governor believes that rules are necessary to |
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1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly, the Governor may suggest rules to | ||||||
3 | the General Assembly by filing them with the Clerk of the House | ||||||
4 | and the Secretary of the Senate and by requesting that the | ||||||
5 | General Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (Source: P.A. 94-879, eff. 6-20-06.)
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20 | (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
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21 | Sec. 12. Violations of Act.
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22 | (a) Violation of any Section of this Act other than Section | ||||||
23 | 6.01 or Section 7 shall be
punishable as a Class A misdemeanor. | ||||||
24 | A violation of Section 6.01 shall cause the Department to issue | ||||||
25 | a written warning for a first offense and shall be a petty |
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1 | offense for a second or subsequent offense if the violation | ||||||
2 | occurs at the same location within 12 months after the first | ||||||
3 | offense.
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4 | (b) In cases where a person is found to have mislabeled,
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5 | possessed, offered for sale or transfer, sold or transferred,
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6 | or given away lead-bearing substances, a representative of the
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7 | Department shall confiscate the lead-bearing substances and
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8 | retain the substances until they are shown to be in compliance
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9 | with this Act.
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10 | (c) In addition to any other penalty provided under this | ||||||
11 | Act, the court in
an action brought under subsection (e) may | ||||||
12 | impose upon any person who violates
or does not comply with a | ||||||
13 | notice of deficiency and a mitigation order issued
under | ||||||
14 | subsection (7) of Section 9 of this Act or who fails to comply | ||||||
15 | with subsection (3) or subsection (5) of Section 9 of this Act | ||||||
16 | a civil penalty not exceeding
$2,500 for each violation, plus | ||||||
17 | $250 for each day that the violation continues.
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18 | Any civil penalties collected in a court proceeding shall | ||||||
19 | be deposited into a
delegated county lead poisoning screening, | ||||||
20 | prevention, and abatement fund or,
if no delegated county or | ||||||
21 | lead poisoning screening, prevention, and abatement
fund | ||||||
22 | exists, into the Lead Poisoning Screening, Prevention, and | ||||||
23 | Abatement Fund
established under Section 7.2.
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24 | (c-5) In addition to any other penalty provided under this | ||||||
25 | Act, the court in an action brought under subsection (e) of | ||||||
26 | this Section may impose a civil penalty not exceeding $2,500 |
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1 | for each violation, plus $250 for each day the violation | ||||||
2 | continues for any violation of Section 4, Section 5, or Section | ||||||
3 | 6 of this Act.
Any penalties collected in a court proceeding | ||||||
4 | shall be deposited into the Lead Poisoning Screening, | ||||||
5 | Prevention, and Abatement Fund established under Section 7.2 of | ||||||
6 | this Act. | ||||||
7 | (d) Whenever the Department finds that an emergency exists | ||||||
8 | that requires
immediate action to protect the health of | ||||||
9 | children under this Act, it may,
without administrative | ||||||
10 | procedure or notice, cause an action to be brought by
the | ||||||
11 | Attorney General or the State's Attorney of the county in which | ||||||
12 | a violation
has occurred for a temporary restraining order or a | ||||||
13 | preliminary injunction to
require such action as is required to | ||||||
14 | meet the emergency and protect the health
of children.
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15 | (e) The State's Attorney of the county in which a violation | ||||||
16 | occurs or the
Attorney General may bring an action for the | ||||||
17 | enforcement of this Act and the
rules adopted and orders issued | ||||||
18 | under this Act, in the name of the People of
the State of | ||||||
19 | Illinois, and may, in addition to other remedies provided in
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20 | this Act, bring an action for a temporary restraining order or | ||||||
21 | preliminary
injunction as described in subsection (d) or an | ||||||
22 | injunction to restrain any
actual or threatened violation or to | ||||||
23 | impose or collect a civil penalty for any
violation.
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24 | (Source: P.A. 94-879, eff. 6-20-06.)".
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