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Rep. Robyn Gabel
Filed: 5/24/2016
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| 1 | | AMENDMENT TO SENATE BILL 2300
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2300 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Lead Poisoning Prevention Act is amended by |
| 5 | | changing Section 9.1 as follows:
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| 6 | | (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
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| 7 | | Sec. 9.1. Owner's obligation to give notice. An owner of a |
| 8 | | regulated facility
who has received a mitigation notice
under |
| 9 | | Section 9 of this Act shall, before the renewal of an existing |
| 10 | | lease agreement or before entering into a new lease
agreement |
| 11 | | or sales contract for the dwelling unit for which the
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| 12 | | mitigation notice was issued: , |
| 13 | | (1) provide the current lessee or lessees, if the lease |
| 14 | | is to be renewed, and prospective lessees or purchasers of |
| 15 | | that
unit with written notice that a lead hazard has |
| 16 | | previously been
identified in the dwelling unit, unless the |
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| 1 | | owner has obtained a
certificate of compliance for the unit |
| 2 | | under Section 9. An owner shall
may satisfy this notice |
| 3 | | requirement by providing the prospective
lessee or |
| 4 | | purchaser with a copy of the mitigation notice and |
| 5 | | inspection report prepared pursuant to Section 9; and . |
| 6 | | (2) provide the Department with written notice of the |
| 7 | | sale of the dwelling unit for which the mitigation notice |
| 8 | | was issued, including the date of the sale, and the name, |
| 9 | | address, telephone number, and email address of the |
| 10 | | prospective purchaser of the unit. |
| 11 | | An owner of a regulated facility who has received a |
| 12 | | mitigation notice under Section 9 of this Act or an owner of a |
| 13 | | regulated facility who has purchased the facility from an owner |
| 14 | | who has received a mitigation notice under Section 9 of this |
| 15 | | Act and who also receives notice as provided in paragraph (1) |
| 16 | | of this Section shall, before entering into a new lease |
| 17 | | agreement for the dwelling unit for which the mitigation notice |
| 18 | | was issued, mitigate the lead hazard previously identified in |
| 19 | | the regulated facility and obtain a certificate of compliance |
| 20 | | under Section 9. For purposes of determining compliance with |
| 21 | | this Act, the date of the mitigation notice for an owner of a |
| 22 | | regulated facility who has purchased the facility from an owner |
| 23 | | subject to this Section and who also receives notice as |
| 24 | | provided for in paragraph (1) of this Section shall be deemed |
| 25 | | to be the date of the sale as provided for in paragraph (2) of |
| 26 | | this Section.
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| 1 | | Before entering into a residential lease agreement or sales |
| 2 | | contract, all owners
of regulated facilities containing |
| 3 | | dwelling units built before 1978
shall give prospective lessees |
| 4 | | or purchasers information on the potential
health hazards posed |
| 5 | | by lead in regulated facilities by providing
prospective |
| 6 | | lessees or purchasers with a copy of an informational brochure |
| 7 | | prepared by the
Department and shall be consistent with the |
| 8 | | requirements set forth in 40 CFR Part 745, Subpart F.
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| 9 | | (Source: P.A. 98-690, eff. 1-1-15.)
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| 10 | | Section 99. Effective date. This Act takes effect January |
| 11 | | 1, 2017.".
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