Full Text of HB5789 95th General Assembly
HB5789ham002 95TH GENERAL ASSEMBLY
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Rep. Harry Osterman
Filed: 4/28/2008
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| AMENDMENT TO HOUSE BILL 5789
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| AMENDMENT NO. ______. Amend House Bill 5789, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Lead Poisoning Prevention Act is amended by | 6 |
| changing Sections 2, 6, and 12 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 | 10 |
| leadbearing
substances in a residential building or dwelling | 11 |
| unit.
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| "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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| "Delegate agency" means a unit of local government or |
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| health
department approved by the Department to carry out the | 2 |
| provisions of this Act.
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| "Department" means the Department of Public Health of the | 4 |
| State of
Illinois.
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| "Dwelling" means any structure all or part of which is | 6 |
| designed or
used for human habitation.
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| "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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| 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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| "Exposed surface" means any interior or exterior surface of | 20 |
| a dwelling or
residential building.
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| "Lead abatement contractor" means any person or entity | 22 |
| licensed by the
Department to perform lead abatement and | 23 |
| mitigation.
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| "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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| "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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| 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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| "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 | 24 |
| levels in
excess of those considered safe under State and | 25 |
| federal rules and regulations.
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| "Low risk area" means an area in the State determined by |
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| 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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| "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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| "Owner" means any person, who alone, jointly, or severally | 8 |
| with
others:
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| (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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| (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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| "Person" means any one or more natural persons, legal | 17 |
| entities,
governmental bodies, or any combination.
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| "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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| "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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| (Source: P.A. 94-879, eff. 6-20-06.)
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| (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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| 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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| 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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| (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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| (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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| (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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| 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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| 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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| (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
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| Sec. 12. Violations of Act.
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| (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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| 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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| (b) In cases where a person is found to have mislabeled,
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| possessed, offered for sale or transfer, sold or transferred,
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| or given away lead-bearing substances, a representative of the
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| Department shall confiscate the lead-bearing substances and
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| retain the substances until they are shown to be in compliance
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| with this Act.
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| (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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| 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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| (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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| 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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| (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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| 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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| (Source: P.A. 94-879, eff. 6-20-06.)".
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