Full Text of HB4853 94th General Assembly
HB4853ham001 94TH GENERAL ASSEMBLY
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Human Services Committee
Adopted in House Comm. on Feb 08, 2006
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| AMENDMENT TO HOUSE BILL 4853
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| AMENDMENT NO. ______. Amend House Bill 4853 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| 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. | 12 |
| Section 10. The Illinois Income Tax Act is amended by | 13 |
| adding Section 507MM and by changing Sections 509 and 510 as | 14 |
| follows: | 15 |
| (35 ILCS 5/507MM new)
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| Sec. 507MM. Lead Poisoning Screening, Prevention, and | 17 |
| Abatement Fund checkoff. Beginning with taxable years ending on | 18 |
| December 31, 2006, the Department shall print on its standard | 19 |
| individual income tax form a provision indicating that if the | 20 |
| taxpayer wishes to contribute to the Lead Poisoning Screening, | 21 |
| Prevention, and Abatement Fund, as authorized by this | 22 |
| amendatory Act of the 94th General Assembly, he or she may do |
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| so by stating the amount of the contribution (not less than $1) | 2 |
| on the return and that the contribution will reduce the | 3 |
| taxpayer's refund or increase the amount of the payment to | 4 |
| accompany the return. Failure to remit any amount of increased | 5 |
| payment shall reduce the contribution accordingly. This | 6 |
| 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 | 9 |
| tax return forms
shall contain appropriate explanations and | 10 |
| spaces to enable the taxpayers to
designate contributions to | 11 |
| the following funds:
the Child Abuse Prevention Fund,
the | 12 |
| Illinois Wildlife Preservation Fund (as required by the | 13 |
| Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's | 14 |
| Disease Research Fund (as required by the Alzheimer's
Disease | 15 |
| Research Act),
the Assistance to the Homeless Fund (as required | 16 |
| by this Act),
the Penny Severns Breast and Cervical Cancer | 17 |
| Research Fund,
the National World War II Memorial Fund,
the | 18 |
| Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) | 19 |
| Research Fund,
the Multiple Sclerosis Assistance Fund,
the | 20 |
| Sarcoidosis Research Fund, the Leukemia Treatment and | 21 |
| Education Fund,
the World War II Illinois Veterans Memorial | 22 |
| Fund,
the Korean War Veterans National Museum and Library Fund,
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| the Illinois Military Family Relief Fund,
the Blindness | 24 |
| Prevention Fund, the Illinois Veterans' Homes Fund, the | 25 |
| Epilepsy Treatment and Education Grants-in-Aid Fund, the | 26 |
| Diabetes Research Checkoff Fund, the Vince Demuzio Memorial | 27 |
| Colon Cancer Fund, the Autism Research Fund, the Asthma and | 28 |
| Lung Research Fund, and the Illinois Brain Tumor Research Fund , | 29 |
| and the Lead Poisoning Screening, Prevention, and Abatement | 30 |
| Fund .
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| Each form shall contain a statement that the contributions | 32 |
| will reduce the
taxpayer's refund or increase the amount of | 33 |
| payment to accompany the return.
Failure to remit any amount of |
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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 | 3 |
| any one of the
funds made under this Section do not equal | 4 |
| $100,000 or more, the explanations
and spaces for designating | 5 |
| contributions to the fund shall be removed from the
individual | 6 |
| income tax return forms for the following and all subsequent | 7 |
| years
and all subsequent contributions to the fund shall be | 8 |
| refunded to the taxpayer.
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| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | 10 |
| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | 11 |
| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | 12 |
| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | 13 |
| 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 | 16 |
| Department shall
determine the total amount contributed to each | 17 |
| of the following:
the Child Abuse Prevention Fund,
the Illinois | 18 |
| Wildlife Preservation Fund,
the Assistance to the Homeless | 19 |
| Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns | 20 |
| Breast and Cervical Cancer Research Fund,
the National World | 21 |
| War II Memorial Fund,
the Prostate Cancer Research Fund,
the | 22 |
| Illinois Military Family Relief Fund,
the Lou Gehrig's Disease | 23 |
| (ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,
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| the Sarcoidosis Research Fund, the Leukemia Treatment and | 25 |
| Education Fund,
the World War II Illinois Veterans Memorial | 26 |
| Fund,
the Korean War Veterans National Museum and Library Fund, | 27 |
| the Illinois Veterans' Homes Fund, the Epilepsy Treatment and | 28 |
| Education Grants-in-Aid Fund,
the Diabetes Research Checkoff | 29 |
| Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism | 30 |
| Research Fund, the Blindness Prevention Fund, the Asthma and | 31 |
| Lung Research Fund, and the Illinois Brain Tumor Research Fund , | 32 |
| and the Lead Poisoning Screening, Prevention, and Abatement | 33 |
| Fund ;
and shall notify the State Comptroller and the State |
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| Treasurer of the amounts
to be transferred from the General | 2 |
| Revenue Fund to each fund, and upon receipt
of such | 3 |
| notification the State Treasurer and Comptroller shall | 4 |
| transfer the
amounts.
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| (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | 6 |
| 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | 7 |
| 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | 8 |
| 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | 9 |
| 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 | 11 |
| changing Sections 2, 3, 4, 5, 6, 7.1, 8, 9, and 12 and by adding | 12 |
| 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 | 16 |
| leadbearing
substances in a residential building or dwelling | 17 |
| unit.
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| "Child care facility" means any structure used by a child | 19 |
| care
provider licensed by the Department of Children and Family | 20 |
| Services or
public school structure frequented by children | 21 |
| through 6 years of
age.
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| "Delegate agency" means a unit of local government or | 23 |
| health
department approved by the Department to carry out the | 24 |
| provisions of this Act.
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| "Department" means the Department of Public Health of the | 26 |
| State of
Illinois.
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| "Dwelling" means any structure all or part of which is | 28 |
| designed or
used for human habitation.
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| "High risk area" means an area in the State determined by | 30 |
| the Department to
be high risk for lead exposure for children | 31 |
| through 6 years of age. The
Department shall consider, but not | 32 |
| 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, | 3 |
| proximity to
highway traffic or heavy local traffic or both, | 4 |
| percentage of housing
determined as rental or vacant, proximity | 5 |
| to industry using lead, established
incidence of elevated blood | 6 |
| lead levels in children, percentage of population
living
below | 7 |
| 200% of federal poverty guidelines, and number of children | 8 |
| 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 | 10 |
| a dwelling or
residential building.
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| "Lead abatement contractor" means any person or entity | 12 |
| licensed by the
Department to perform lead abatement and | 13 |
| mitigation.
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| "Lead abatement worker" means any person employed by a lead | 15 |
| abatement
contractor and licensed by the Department to perform | 16 |
| lead abatement and
mitigation.
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| "Lead bearing substance" means any item containing or | 18 |
| coated with lead such that the lead content is more than | 19 |
| six-hundredths of one percent (0.06%) lead by weight; or any | 20 |
| dust on surfaces or in
furniture or other nonpermanent elements | 21 |
| of the dwelling ; or
and any paint or
other surface coating | 22 |
| material containing more than five-tenths of one
percent (0.5%) | 23 |
| lead by weight (calculated as lead metal) in the total
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| non-volatile content of liquid paint ; , or lead bearing | 25 |
| substances containing
greater than one milligram per square | 26 |
| centimeter or any lower standard for
lead content in | 27 |
| residential paint as may be established by federal law or
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| regulation; or more than 1 milligram per square centimeter in | 29 |
| the dried
film of paint or previously applied substance; or | 30 |
| item or dust on item
object containing lead in
excess of the | 31 |
| 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 | 33 |
| 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 | 3 |
| levels in
excess of those considered safe under State and | 4 |
| federal rules and regulations.
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| "Low risk area" means an area in the State determined by | 6 |
| the Department to
be low risk for lead exposure for children | 7 |
| through 6 years of age. The
Department shall consider the | 8 |
| factors named in "high risk area" to determine
low risk areas.
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| "Mitigation" means the remediation, in a manner described | 10 |
| in Section 9,
of a lead hazard so that the lead bearing | 11 |
| substance does not pose an
immediate health hazard to humans.
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| "Owner" means any person, who alone, jointly, or severally | 13 |
| with
others:
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| (a) Has legal title to any dwelling or residential | 15 |
| building, with or
without accompanying actual possession | 16 |
| of the dwelling or residential
building, or
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| (b) Has charge, care or control of the dwelling or | 18 |
| residential
building as owner or agent of the owner, or as | 19 |
| executor, administrator,
trustee, or guardian of the | 20 |
| estate of the owner.
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| "Person" means any one or more natural persons, legal | 22 |
| entities,
governmental bodies, or any combination.
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| "Residential building" means any room, group of rooms, or | 24 |
| other
interior areas of a structure designed or used for human | 25 |
| habitation; common
areas accessible by inhabitants; and the | 26 |
| surrounding property or structures.
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| "Risk assessment" means a questionnaire to be developed by | 28 |
| the Department
for use by physicians and other health care | 29 |
| providers to determine risk factors
for children through 6 | 30 |
| years of age residing in areas designated as low risk
for lead | 31 |
| 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 | 2 |
| apply
lead bearing substances:
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| (a) In or upon any exposed surface of a dwelling or | 4 |
| dwelling unit;
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| (b) In or around the exposed surfaces of a child care | 6 |
| facility or
other structure frequented by children;
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| (c) In or upon any fixtures or other objects used, | 8 |
| installed, or located
in or upon any exposed surface of a | 9 |
| dwelling or residential building,
or child care facility, or | 10 |
| intended
to be so used, installed, or located and that, in the | 11 |
| ordinary course of
use, are accessible to or
and chewable by | 12 |
| children;
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| (d) In or upon any items, including, but not limited to, | 14 |
| clothing, accessories, jewelry, decorative objects, edible or | 15 |
| chewable items, candy, food, dietary supplements, toys, | 16 |
| furniture, or other articles used by or
and
chewable by | 17 |
| children;
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| (e) Within or upon a residential building or dwelling, | 19 |
| 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 | 24 |
| bearing substance. No person shall sell, have, offer for sale, | 25 |
| or transfer toys ,
or
furniture , clothing, accessories, | 26 |
| jewelry, decorative objects, edible or chewable items, candy, | 27 |
| food, dietary supplements, or other articles used by or | 28 |
| 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. | 32 |
| 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, | 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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| (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 | 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
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| 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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| (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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| (b) The placement, conspicuousness, and contrast of the | 29 |
| above labeling
shall be in accordance with Section 191.101 of | 30 |
| the regulations promulgated
under the provisions of the Federal | 31 |
| 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 | 3 |
| retailer, store, or commercial establishment that offers | 4 |
| paint, sandpaper, or other supplies intended for the removal of | 5 |
| paint or other surface coatings for sale or for rent to the | 6 |
| public shall display, in a prominent and easily visible | 7 |
| location, a poster provided by or approved by the Department | 8 |
| containing, at a minimum, the following: | 9 |
| (1) a statement that dry sanding and dry scraping of | 10 |
| paint in dwellings built before 1978 is prohibited; | 11 |
| (2) a statement that the improper removal of old paint | 12 |
| is a significant source of lead dust and the primary cause | 13 |
| of lead poisoning; and | 14 |
| (3) the phone number of the Department or delegate | 15 |
| agency where customers can obtain additional information. | 16 |
| (410 ILCS 45/6.3 new)
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| Sec. 6.3. Information provided by the Department of | 18 |
| Healthcare and Family Services. | 19 |
| (a) The Director of Healthcare and Family Services shall | 20 |
| provide, upon request of the Director of Public Health, an | 21 |
| electronic record of all children less than 7 years of age who | 22 |
| receive Medicaid, Kidcare, or other health care benefits from | 23 |
| the Department of Healthcare and Family Services. The records | 24 |
| shall include a history of claims filed for each child and the | 25 |
| health care provider who rendered the services. On at least an | 26 |
| annual basis, the Director of Public Health shall match the | 27 |
| records provided by the Department of Healthcare and Family | 28 |
| Services with the records of children receiving lead tests, as | 29 |
| reported to the Department under Section 7 of this Act. | 30 |
| (b) The Director shall prepare a report documenting the | 31 |
| frequency of lead testing and elevated blood and lead levels | 32 |
| among children receiving benefits from the Department of | 33 |
| 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 | 2 |
| care provider who has rendered services to children receiving | 3 |
| benefits from the Department of Healthcare and Family Services. | 4 |
| The report shall contain the aggregate number of children | 5 |
| receiving benefits from the Department of Healthcare and Family | 6 |
| Services to whom the provider has provided services, the number | 7 |
| and percentage of children tested for lead poisoning, and the | 8 |
| number and percentage of children having an elevated lead | 9 |
| level. The Department of Public Health may exclude health care | 10 |
| providers who provide specialized or emergency medical care and | 11 |
| who are unlikely to be the primary medical care provider for a | 12 |
| child. Upon the request of a provider, the Department of Public | 13 |
| Health may generate a list of individual patients treated by | 14 |
| that provider according to the claims records and the patients' | 15 |
| 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 | 18 |
| level
screening for admission. By January 1, 1993, each day | 19 |
| care center, day
care home, preschool, nursery school, | 20 |
| kindergarten, or other child care
facility, licensed or | 21 |
| approved by the State, including such programs
operated by a | 22 |
| public school district, shall include a requirement that each
| 23 |
| parent or legal guardian of a child between the ages of 6 | 24 |
| months through 6
years provide a statement from a physician or | 25 |
| health care provider that the
child has been risk assessed, as | 26 |
| provided in Section 6.2, if the child
resides in an area | 27 |
| defined as low risk by the Department, or screened for
lead | 28 |
| poisoning as provided for in Section 6.2, if the child resides | 29 |
| in an
area
defined as high risk. This statement shall be
| 30 |
| provided prior to admission and subsequently in conjunction | 31 |
| with required
physical examinations.
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| Nothing in this Section shall be construed to require any | 33 |
| 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 | 2 |
| test conflicts with his or her
religious beliefs.
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| Child care facilities that participate in the Illinois | 4 |
| Child Care Assistance Program (CCAP) shall annually send or | 5 |
| deliver to the parents or guardians of children enrolled in the | 6 |
| facility's care an informational pamphlet regarding awareness | 7 |
| of lead paint poisoning. Pamphlets shall be produced and made | 8 |
| available by the Department and shall be downloadable from the | 9 |
| Department's Internet website. The Department of Human | 10 |
| Services and the Department of Public Health shall assist in | 11 |
| the distribution of the pamphlet.
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| (Source: P.A. 89-381, eff. 8-18-95.)
| 13 |
| (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
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| Sec. 8. Inspection of buildings occupied by a person | 15 |
| screening positive. A representative of the Department, or | 16 |
| delegate agency, may, after
notification that an occupant of | 17 |
| the dwelling unit in question is found to
have a blood lead | 18 |
| value of the value set forth in Section 7, upon
presentation of | 19 |
| the appropriate credentials to the owner, occupant, or his
| 20 |
| representative, inspect dwelling or dwelling units, at | 21 |
| reasonable times,
for the purposes of ascertaining that all | 22 |
| surfaces accessible to children
are intact and in good repair, | 23 |
| and for purposes of ascertaining the
existence of lead bearing | 24 |
| substances. Such representative of the
Department, or delegate | 25 |
| agency, may remove samples or objects necessary for
laboratory | 26 |
| analysis, in the determination of the presence of lead-bearing
| 27 |
| substances in the designated dwelling or dwelling unit.
| 28 |
| If a building is occupied by a child of less than 3 years
| 29 |
| of age screening positive the Department, in addition to all
| 30 |
| other requirements of this Section, must inspect the dwelling
| 31 |
| unit and common place area of the child screening positive. The
| 32 |
| Department may inspect more units as it deems necessary.
| 33 |
| 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 | 5 |
| inspection procedures
used, and the method of ascertaining | 6 |
| the existence of a lead bearing
substance in the dwelling | 7 |
| unit.
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| (C) State whether any lead bearing substances were | 9 |
| found in the dwelling unit.
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| (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)
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| 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.".
|
|