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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | adding Section 50-14.5 as follows: | ||||||
6 | (30 ILCS 500/50-14.5 new)
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7 | Sec. 50-14.5. Lead Poisoning Prevention Act violations. | ||||||
8 | Owners of residential buildings who have committed a willful or | ||||||
9 | knowing violation of the Lead Poisoning Prevention Act are | ||||||
10 | prohibited from doing business with the State of Illinois or | ||||||
11 | any State agency until the violation is mitigated. | ||||||
12 | Section 10. The Lead Poisoning Prevention Act is amended by | ||||||
13 | changing Sections 2, 3, 4, 5, 6, 7.1, 8, and 12 and by adding | ||||||
14 | Sections 6.01, 6.3, 9.2, 9.3, 9.4, and 12.1 as follows:
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15 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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16 | Sec. 2. Definitions. As used in this Act:
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17 | "Abatement" means the removal or encapsulation of all | ||||||
18 | leadbearing
substances in a residential building or dwelling | ||||||
19 | unit.
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20 | "Child care facility" means any structure used by a child | ||||||
21 | care
provider licensed by the Department of Children and Family | ||||||
22 | Services or
public school structure frequented by children | ||||||
23 | through 6 years of
age.
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24 | "Delegate agency" means a unit of local government or | ||||||
25 | health
department approved by the Department to carry out the | ||||||
26 | provisions of this Act.
| ||||||
27 | "Department" means the Department of Public Health of the | ||||||
28 | State of
Illinois.
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29 | "Dwelling" means any structure all or part of which is | ||||||
30 | designed or
used for human habitation.
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1 | "High risk area" means an area in the State determined by | ||||||
2 | the Department to
be high risk for lead exposure for children | ||||||
3 | through 6 years of age. The
Department shall consider, but not | ||||||
4 | be limited to, the following factors to
determine a high risk | ||||||
5 | area: age and condition (using Department of Housing and
Urban
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6 | Development definitions of "slum" and "blighted") of housing, | ||||||
7 | proximity to
highway traffic or heavy local traffic or both, | ||||||
8 | percentage of housing
determined as rental or vacant, proximity | ||||||
9 | to industry using lead, established
incidence of elevated blood | ||||||
10 | lead levels in children, percentage of population
living
below | ||||||
11 | 200% of federal poverty guidelines, and number of children | ||||||
12 | residing in
the area who are 6 years of age or younger.
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13 | "Exposed surface" means any interior or exterior surface of | ||||||
14 | a dwelling or
residential building.
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15 | "Lead abatement contractor" means any person or entity | ||||||
16 | licensed by the
Department to perform lead abatement and | ||||||
17 | mitigation.
| ||||||
18 | "Lead abatement worker" means any person employed by a lead | ||||||
19 | abatement
contractor and licensed by the Department to perform | ||||||
20 | lead abatement and
mitigation.
| ||||||
21 | "Lead bearing substance" means any item containing or | ||||||
22 | coated with lead such that the lead content is more than | ||||||
23 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
24 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
25 | elements of the dwelling ; or
and any paint or
other surface | ||||||
26 | coating material containing more than five-tenths of one
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27 | percent (0.5%) lead by total weight (calculated as lead metal) | ||||||
28 | in the total
non-volatile content of liquid paint ; , or lead | ||||||
29 | bearing substances containing
greater than one milligram per | ||||||
30 | square centimeter or any lower standard for
lead content in | ||||||
31 | residential paint as may be established by federal law or
| ||||||
32 | regulation; or more than 1 milligram per square centimeter in | ||||||
33 | the dried
film of paint or previously applied substance; or | ||||||
34 | item or dust on item
object containing lead in
excess of the | ||||||
35 | amount specified in the rules and regulations authorized by
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36 | this Act or a lower standard for lead content as may be |
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1 | established by
federal law or regulation. "Lead bearing | ||||||
2 | substance" does not include firearm ammunition or components as | ||||||
3 | defined by the Firearm Owners Identification Card Act.
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4 | "Lead hazard" means a lead bearing substance that poses an
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5 | immediate health hazard to humans.
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6 | "Lead poisoning" means the condition of having blood lead | ||||||
7 | levels in
excess of those considered safe under State and | ||||||
8 | federal rules and regulations.
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9 | "Low risk area" means an area in the State determined by | ||||||
10 | the Department to
be low risk for lead exposure for children | ||||||
11 | through 6 years of age. The
Department shall consider the | ||||||
12 | factors named in "high risk area" to determine
low risk areas.
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13 | "Mitigation" means the remediation, in a manner described | ||||||
14 | in Section 9,
of a lead hazard so that the lead bearing | ||||||
15 | substance does not pose an
immediate health hazard to humans.
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16 | "Owner" means any person, who alone, jointly, or severally | ||||||
17 | with
others:
| ||||||
18 | (a) Has legal title to any dwelling or residential | ||||||
19 | building, with or
without accompanying actual possession | ||||||
20 | of the dwelling or residential
building, or
| ||||||
21 | (b) Has charge, care or control of the dwelling or | ||||||
22 | residential
building as owner or agent of the owner, or as | ||||||
23 | executor, administrator,
trustee, or guardian of the | ||||||
24 | estate of the owner.
| ||||||
25 | "Person" means any one or more natural persons, legal | ||||||
26 | entities,
governmental bodies, or any combination.
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27 | "Residential building" means any room, group of rooms, or | ||||||
28 | other
interior areas of a structure designed or used for human | ||||||
29 | habitation; common
areas accessible by inhabitants; and the | ||||||
30 | surrounding property or structures.
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31 | "Risk assessment" means a questionnaire to be developed by | ||||||
32 | the Department
for use by physicians and other health care | ||||||
33 | providers to determine risk factors
for children through 6 | ||||||
34 | years of age residing in areas designated as low risk
for lead | ||||||
35 | exposure.
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36 | (Source: P.A. 89-381, eff. 8-18-95.)
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1 | (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
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2 | Sec. 3. Lead bearing substance use. No person shall use or | ||||||
3 | apply
lead bearing substances:
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4 | (a) In or upon any exposed surface of a dwelling or | ||||||
5 | dwelling unit;
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6 | (b) In or around the exposed surfaces of a child care | ||||||
7 | facility or
other structure frequented by children;
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8 | (c) In or upon any fixtures or other objects used, | ||||||
9 | installed, or located
in or upon any exposed surface of a | ||||||
10 | dwelling or residential building,
or child care facility, or | ||||||
11 | intended
to be so used, installed, or located and that, in the | ||||||
12 | ordinary course of
use, are accessible to or
and chewable by | ||||||
13 | children;
| ||||||
14 | (d) In or upon any items, including, but not limited to, | ||||||
15 | clothing, accessories, jewelry, decorative objects, edible | ||||||
16 | items, candy, food, dietary supplements, toys, furniture, or | ||||||
17 | other articles used by or intended to be
and
chewable by | ||||||
18 | children;
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19 | (e) Within or upon a residential building or dwelling, | ||||||
20 | child care
facility, school, playground, park, or recreational
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21 | area, or other areas regularly frequented by children.
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22 | (Source: P.A. 87-175.)
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23 | (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
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24 | Sec. 4. Sale of items
toys or furniture containing lead | ||||||
25 | bearing substance. No person shall sell, have, offer for sale, | ||||||
26 | or transfer toys ,
or
furniture , clothing, accessories, | ||||||
27 | jewelry, decorative objects, edible items, candy, food, | ||||||
28 | dietary supplements, or other articles used by or intended to | ||||||
29 | be chewable by children that contains a lead bearing substance.
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30 | (Source: P.A. 87-175.)
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31 | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
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32 | Sec. 5. Sale of objects containing lead bearing substance. | ||||||
33 | No person
shall sell or transfer or offer for sale or transfer |
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1 | any fixtures or other
objects intended to be used, installed, | ||||||
2 | or located in or upon any surface
of a dwelling or residential | ||||||
3 | building, or child care facility, that
contains a lead bearing | ||||||
4 | substance and that, in the ordinary course of use,
are | ||||||
5 | accessible to or
and chewable by children.
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6 | (Source: P.A. 87-175.)
| ||||||
7 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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8 | Sec. 6. Warning statement. No person, firm, or corporation | ||||||
9 | shall have,
offer for sale, sell, or give away any lead bearing | ||||||
10 | substance that may be
used by the general public unless it | ||||||
11 | bears the warning statement as
prescribed by federal | ||||||
12 | regulation. If no regulation is prescribed the
warning | ||||||
13 | statement shall be as follows when the lead bearing substance | ||||||
14 | is a lead-based paint or surface coating : "WARNING--CONTAINS | ||||||
15 | LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR | ||||||
16 | CHEWED. See Other Cautions on
(Side or Back) Panel. Do not | ||||||
17 | apply on toys, or other children's articles,
furniture, or | ||||||
18 | interior, or exterior exposed surfaces of any residential
| ||||||
19 | building or facility that may be occupied or used by children. | ||||||
20 | KEEP OUT OF
THE REACH OF CHILDREN." . If no regulation is | ||||||
21 | prescribed the warning statement shall be as follows when the | ||||||
22 | lead bearing substance contains lead-based paint or a form of | ||||||
23 | lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY | ||||||
24 | BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING | ||||||
25 | LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
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26 | (a) The generic term of a product, such as "paint" may be | ||||||
27 | substituted
for the word "substance" in the above labeling.
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28 | (b) The placement, conspicuousness, and contrast of the | ||||||
29 | above labeling
shall be in accordance with 16 C.F.R. 1500.121
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30 | Section 191.101 of the regulations promulgated
under the | ||||||
31 | provisions of the Federal Hazardous Substances Act .
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32 | (Source: P.A. 87-175.)
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33 | (410 ILCS 45/6.01 new)
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34 | Sec. 6.01. Warning statement where supplies sold. |
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1 | (a) Any retailer, store, or commercial establishment that | ||||||
2 | offers paint or other supplies intended for the removal of | ||||||
3 | paint shall display, in a prominent and easily visible | ||||||
4 | location, a poster containing, at a minimum, the following: | ||||||
5 | (1) a statement that dry sanding and dry scraping of | ||||||
6 | paint in dwellings built before 1978 is dangerous; | ||||||
7 | (2) a statement that the improper removal of old paint | ||||||
8 | is a significant source of lead dust and the primary cause | ||||||
9 | of lead poisoning; and | ||||||
10 | (3) contact information where consumers can obtain | ||||||
11 | more information. | ||||||
12 | (b) The Department shall provide sample posters and | ||||||
13 | brochures that commercial establishments may use. The | ||||||
14 | Department shall make these posters and brochures available in | ||||||
15 | hard copy and via download from the Department's Internet | ||||||
16 | website. | ||||||
17 | (c) A commercial establishment shall be deemed to be in | ||||||
18 | compliance with this Section if the commercial establishment | ||||||
19 | displays lead poisoning prevention posters or provides | ||||||
20 | brochures to its customers that meet the minimum requirements | ||||||
21 | of this Section but come from a source other than the | ||||||
22 | Department.
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23 | (410 ILCS 45/6.3 new)
| ||||||
24 | Sec. 6.3. Information provided by the Department of | ||||||
25 | Healthcare and Family Services. | ||||||
26 | (a) The Director of Healthcare and Family Services shall | ||||||
27 | provide, upon request of the Director of Public Health, an | ||||||
28 | electronic record of all children less than 7 years of age who | ||||||
29 | receive Medicaid, Kidcare, or other health care benefits from | ||||||
30 | the Department of Healthcare and Family Services. The records | ||||||
31 | shall include a history of claims filed for each child and the | ||||||
32 | health care provider who rendered the services. On at least an | ||||||
33 | annual basis, the Director of Public Health shall match the | ||||||
34 | records provided by the Department of Healthcare and Family | ||||||
35 | Services with the records of children receiving lead tests, as |
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1 | reported to the Department under Section 7 of this Act. | ||||||
2 | (b) The Director shall prepare a report documenting the | ||||||
3 | frequency of lead testing and elevated blood and lead levels | ||||||
4 | among children receiving benefits from the Department of | ||||||
5 | Healthcare and Family Services. On at least an annual basis, | ||||||
6 | the Director shall prepare and deliver a report to each health | ||||||
7 | care provider who has rendered services to children receiving | ||||||
8 | benefits from the Department of Healthcare and Family Services. | ||||||
9 | The report shall contain the aggregate number of children | ||||||
10 | receiving benefits from the Department of Healthcare and Family | ||||||
11 | Services to whom the provider has provided services, the number | ||||||
12 | and percentage of children tested for lead poisoning, and the | ||||||
13 | number and percentage of children having an elevated lead | ||||||
14 | level. The Department of Public Health may exclude health care | ||||||
15 | providers who provide specialized or emergency medical care and | ||||||
16 | who are unlikely to be the primary medical care provider for a | ||||||
17 | child. Upon the request of a provider, the Department of Public | ||||||
18 | Health may generate a list of individual patients treated by | ||||||
19 | that provider according to the claims records and the patients' | ||||||
20 | lead test results.
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21 | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
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22 | Sec. 7.1. Child care facilities must require lead blood | ||||||
23 | level
screening for admission. By January 1, 1993, each day | ||||||
24 | care center, day
care home, preschool, nursery school, | ||||||
25 | kindergarten, or other child care
facility, licensed or | ||||||
26 | approved by the State, including such programs
operated by a | ||||||
27 | public school district, shall include a requirement that each
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28 | parent or legal guardian of a child between the ages of 6 | ||||||
29 | months through 6
years provide a statement from a physician or | ||||||
30 | health care provider that the
child has been risk assessed, as | ||||||
31 | provided in Section 6.2, if the child
resides in an area | ||||||
32 | defined as low risk by the Department, or screened for
lead | ||||||
33 | poisoning as provided for in Section 6.2, if the child resides | ||||||
34 | in an
area
defined as high risk. This statement shall be
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35 | provided prior to admission and subsequently in conjunction |
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1 | with required
physical examinations.
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2 | Nothing in this Section shall be construed to require any | ||||||
3 | child
to undergo a lead blood level screening or test whose | ||||||
4 | parent or guardian
objects on the grounds that the screening or | ||||||
5 | test conflicts with his or her
religious beliefs.
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6 | Child care facilities that participate in the Illinois | ||||||
7 | Child Care Assistance Program (CCAP) shall annually send or | ||||||
8 | deliver to the parents or guardians of children enrolled in the | ||||||
9 | facility's care an informational pamphlet regarding awareness | ||||||
10 | of lead paint poisoning. Pamphlets shall be produced and made | ||||||
11 | available by the Department and shall be downloadable from the | ||||||
12 | Department's Internet website. The Department of Human | ||||||
13 | Services and the Department of Public Health shall assist in | ||||||
14 | the distribution of the pamphlet.
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15 | (Source: P.A. 89-381, eff. 8-18-95.)
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16 | (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
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17 | Sec. 8. Inspection of buildings occupied by a person | ||||||
18 | screening positive. A representative of the Department, or | ||||||
19 | delegate agency, may, after
notification that an occupant of | ||||||
20 | the dwelling unit in question is found to
have a blood lead | ||||||
21 | value of the value set forth in Section 7, upon
presentation of | ||||||
22 | the appropriate credentials to the owner, occupant, or his
| ||||||
23 | representative, inspect dwelling or dwelling units, at | ||||||
24 | reasonable times,
for the purposes of ascertaining that all | ||||||
25 | surfaces accessible to children
are intact and in good repair, | ||||||
26 | and for purposes of ascertaining the
existence of lead bearing | ||||||
27 | substances. Such representative of the
Department, or delegate | ||||||
28 | agency, may remove samples or objects necessary for
laboratory | ||||||
29 | analysis, in the determination of the presence of lead-bearing
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30 | substances in the designated dwelling or dwelling unit.
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31 | If a building is occupied by a child of less than 3 years
| ||||||
32 | of age screening positive, the Department, in addition to all
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33 | other requirements of this Section, must inspect the dwelling
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34 | unit and common place area of the child screening positive. | ||||||
35 | Following the inspection, the Department or its delegate |
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1 | agency shall:
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2 | (1) Prepare an inspection report which shall:
| ||||||
3 | (A) State the address of the dwelling unit.
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4 | (B) Describe the scope of the inspection, the | ||||||
5 | inspection procedures
used, and the method of ascertaining | ||||||
6 | the existence of a lead bearing
substance in the dwelling | ||||||
7 | unit.
| ||||||
8 | (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 45/9.2 new)
| ||||||
30 | Sec. 9.2. Multiple mitigation notices. When mitigation | ||||||
31 | notices are issued for 2 or more dwelling units in a building | ||||||
32 | within a 5-year time period, the Department may inspect common | ||||||
33 | areas in the building and shall inspect units where (i) | ||||||
34 | children under the age of 6 reside, at the request of a parent | ||||||
35 | or guardian of the child or (ii) a pregnant woman resides, at |
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| |||||||
1 | the pregnant woman's request. All lead hazards must be | ||||||
2 | mitigated in a reasonable time frame, as determined by rules | ||||||
3 | adopted by the Department. In determining the time frame for | ||||||
4 | completion of mitigation of hazards identified under this | ||||||
5 | Section, the Department shall consider, in addition to the | ||||||
6 | considerations in subsection (6) of Section 9 of this Act, the | ||||||
7 | owner's financial ability to complete the mitigation.
| ||||||
8 | (410 ILCS 45/9.3 new)
| ||||||
9 | Sec. 9.3. Financial assistance for mitigation. Whenever a | ||||||
10 | mitigation notice is issued pursuant to Section 9 or Section | ||||||
11 | 9.2 of this Act, the Department shall make the owner aware of | ||||||
12 | any financial assistance programs that may be available for | ||||||
13 | lead mitigation through the federal, State, or local government | ||||||
14 | or a not-for-profit organization. | ||||||
15 | (410 ILCS 45/9.4 new)
| ||||||
16 | Sec. 9.4. 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; | ||||||
29 | (4) where to seek further information; and | ||||||
30 | (5) whether mitigation notices have been issued for 2 | ||||||
31 | or more dwelling units within a 5-year period of time. | ||||||
32 | Once the owner has complied with a mitigation notice or | ||||||
33 | mitigation order issued by the Department, the owner may remove | ||||||
34 | the notices posted pursuant to this Section.
|
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| |||||||
1 | (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
| ||||||
2 | Sec. 12. Violations of Act.
| ||||||
3 | (a) Violation of any Section of this Act other than Section | ||||||
4 | 6.01 or Section 7 shall be
punishable as a Class A misdemeanor. | ||||||
5 | A violation of Section 6.01 shall cause the Department to issue | ||||||
6 | a written warning for a first offense and shall be a petty | ||||||
7 | offense for a second or subsequent offense if the violation | ||||||
8 | occurs at the same location within 12 months after the first | ||||||
9 | offense.
| ||||||
10 | (b) In cases where a person is found to have mislabeled,
| ||||||
11 | possessed, offered for sale or transfer, sold or transferred,
| ||||||
12 | or given away lead-bearing substances, a representative of the
| ||||||
13 | Department shall confiscate the lead-bearing substances and
| ||||||
14 | retain the substances until they are shown to be in compliance
| ||||||
15 | with this Act.
| ||||||
16 | (c) In addition to any other penalty provided under this | ||||||
17 | Act, the court in
an action brought under subsection (e) may | ||||||
18 | impose upon any person who violates
or does not comply with a | ||||||
19 | notice of deficiency and a mitigation order issued
under | ||||||
20 | subsection (7) of Section 9 of this Act or who fails to comply | ||||||
21 | with subsection (3) or subsection (5) of Section 9 of this Act | ||||||
22 | a civil penalty not exceeding
$2,500 for each violation, plus | ||||||
23 | $250 for each day that the violation continues.
| ||||||
24 | Any civil penalties collected in a court proceeding shall | ||||||
25 | be deposited into a
delegated county lead poisoning screening, | ||||||
26 | prevention, and abatement fund or,
if no delegated county or | ||||||
27 | lead poisoning screening, prevention, and abatement
fund | ||||||
28 | exists, into the Lead Poisoning Screening, Prevention, and | ||||||
29 | Abatement Fund
established under Section 7.2.
| ||||||
30 | (d) Whenever the Department finds that an emergency exists | ||||||
31 | that requires
immediate action to protect the health of | ||||||
32 | children under this Act, it may,
without administrative | ||||||
33 | procedure or notice, cause an action to be brought by
the | ||||||
34 | Attorney General or the State's Attorney of the county in which | ||||||
35 | a violation
has occurred for a temporary restraining order or a |
| |||||||
| |||||||
1 | preliminary injunction to
require such action as is required to | ||||||
2 | meet the emergency and protect the health
of children.
| ||||||
3 | (e) The State's Attorney of the county in which a violation | ||||||
4 | occurs or the
Attorney General may bring an action for the | ||||||
5 | enforcement of this Act and the
rules adopted and orders issued | ||||||
6 | under this Act, in the name of the People of
the State of | ||||||
7 | Illinois, and may, in addition to other remedies provided in
| ||||||
8 | this Act, bring an action for a temporary restraining order or | ||||||
9 | preliminary
injunction as described in subsection (d) or an | ||||||
10 | injunction to restrain any
actual or threatened violation or to | ||||||
11 | impose or collect a civil penalty for any
violation.
| ||||||
12 | (Source: P.A. 92-447, eff. 8-21-01.)
| ||||||
13 | (410 ILCS 45/12.1 new)
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14 | Sec. 12.1. Attorney General and State's Attorney report to | ||||||
15 | General Assembly. The Attorney General and State's Attorney | ||||||
16 | offices shall report to the General Assembly annually the | ||||||
17 | number of lead poisoning cases that have been referred by the | ||||||
18 | Department for enforcement due to violations of this Act or for | ||||||
19 | failure to comply with a notice of deficiency and mitigation | ||||||
20 | order issued pursuant to subsection (7) of Section 9 of this | ||||||
21 | Act.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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