Illinois General Assembly - Full Text of SB2996
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Full Text of SB2996  100th General Assembly


Sen. Jacqueline Y. Collins

Filed: 4/6/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2996 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Lead Poisoning Prevention Act is amended by
5changing Sections 2, 7, and 14 as follows:
6    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
7    Sec. 2. Definitions. As used in this Act:
8    "Child care facility" means any structure used by a child
9care provider licensed by the Department of Children and Family
10Services or public or private school structure frequented by
11children 6 years of age or younger.
12    "Childhood Lead Risk Questionnaire" means the
13questionnaire developed by the Department for use by physicians
14and other health care providers to determine risk factors for
15children 6 years of age or younger residing in areas designated
16as low risk for lead exposure.



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1    "Delegate agency" means a unit of local government or
2health department approved by the Department to carry out the
3provisions of this Act.
4    "Department" means the Department of Public Health.
5    "Director" means the Director of Public Health.
6    "Dwelling unit" means an individual unit within a
7residential building used as living quarters for one household.
8    "Elevated blood lead level" means a blood lead level in
9excess of the those considered within the permissible limits as
10established under State and federal rules.
11    "Exposed surface" means any interior or exterior surface of
12a regulated facility.
13    "High risk area" means an area in the State determined by
14the Department to be high risk for lead exposure for children 6
15years of age or younger. The Department may consider, but is
16not limited to, the following factors to determine a high risk
17area: age and condition (using Department of Housing and Urban
18Development definitions of "slum" and "blighted") of housing,
19proximity to highway traffic or heavy local traffic or both,
20percentage of housing determined as rental or vacant, proximity
21to industry using lead, established incidence of elevated blood
22lead levels in children, percentage of population living below
23200% of federal poverty guidelines, and number of children
24residing in the area who are 6 years of age or younger.
25    "Lead abatement" means any approved work practices that
26will permanently eliminate lead exposure or remove the



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1lead-bearing substances in a regulated facility. The
2Department shall establish by rule which work practices are
3approved or prohibited for lead abatement.
4    "Lead abatement contractor" means any person or entity
5licensed by the Department to perform lead abatement and
7    "Lead abatement supervisor" means any person employed by a
8lead abatement contractor and licensed by the Department to
9perform lead abatement and lead mitigation and to supervise
10lead workers who perform lead abatement and lead mitigation.
11    "Lead abatement worker" means any person employed by a lead
12abatement contractor and licensed by the Department to perform
13lead abatement and mitigation.
14    "Lead activities" means the conduct of any lead services,
15including, lead inspection, lead risk assessment, lead
16mitigation, or lead abatement work or supervision in a
17regulated facility.
18    "Lead-bearing substance" means any item containing or
19coated with lead such that the lead content is more than
20six-hundredths of one percent (0.06%) lead by total weight; or
21any dust on surfaces or in furniture or other nonpermanent
22elements of the regulated facility; or any paint or other
23surface coating material containing more than five-tenths of
24one percent (0.5%) lead by total weight (calculated as lead
25metal) in the total non-volatile content of liquid paint; or
26lead-bearing substances containing greater than one milligram



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1per square centimeter or any lower standard for lead content in
2residential paint as may be established by federal law or rule;
3or more than 1 milligram per square centimeter in the dried
4film of paint or previously applied substance; or item or dust
5on item containing lead in excess of the amount specified in
6the rules authorized by this Act or a lower standard for lead
7content as may be established by federal law or rule.
8"Lead-bearing substance" does not include firearm ammunition
9or components as defined by the Firearm Owners Identification
10Card Act.
11    "Lead hazard" means a lead-bearing substance that poses an
12immediate health hazard to humans.
13    "Lead hazard screen" means a lead risk assessment that
14involves limited dust and paint sampling for lead-bearing
15substances and lead hazards. This service is used as a
16screening tool designed to determine if further lead
17investigative services are required for the regulated
19    "Lead inspection" means a surface-by-surface investigation
20to determine the presence of lead-based paint.
21    "Lead inspector" means an individual who has been trained
22by a Department-approved training program and is licensed by
23the Department to conduct lead inspections; to sample for the
24presence of lead in paint, dust, soil, and water; and to
25conduct compliance investigations.
26    "Lead mitigation" means the remediation, in a manner



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1described in Section 9, of a lead hazard so that the
2lead-bearing substance does not pose an immediate health hazard
3to humans.
4    "Lead poisoning" means the condition of having an elevated
5blood lead level. blood lead levels in excess of those
6considered safe under State and federal rules.
7    "Lead risk assessment" means an on-site investigation to
8determine the existence, nature, severity, and location of lead
9hazards. "Lead risk assessment" includes any lead sampling and
10visual assessment associated with conducting a lead risk
11assessment and lead hazard screen and all lead sampling
12associated with compliance investigations.
13    "Lead risk assessor" means an individual who has been
14trained by a Department-approved training program and is
15licensed by the Department to conduct lead risk assessments,
16lead inspections, and lead hazard screens; to sample for the
17presence of lead in paint, dust, soil, water, and sources for
18lead-bearing substances; and to conduct compliance
20    "Lead training program provider" means any person
21providing Department-approved lead training in Illinois to
22individuals seeking licensure in accordance with the Act.
23    "Low risk area" means an area in the State determined by
24the Department to be low risk for lead exposure for children 6
25years of age or younger. The Department may consider the
26factors named in "high risk area" to determine low risk areas.



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1    "Owner" means any person, who alone, jointly, or severally
2with others:
3        (a) Has legal title to any regulated facility, with or
4    without actual possession of the regulated facility, or
5        (b) Has charge, care, or control of the regulated
6    facility as owner or agent of the owner, or as executor,
7    administrator, trustee, or guardian of the estate of the
8    owner.
9    "Person" means any individual, partnership, firm, company,
10limited liability company, corporation, association, joint
11stock company, trust, estate, political subdivision, State
12agency, or any other legal entity, or their legal
13representative, agent, or assign.
14    "Regulated facility" means a residential building or child
15care facility.
16    "Residential building" means any room, group of rooms, or
17other interior areas of a structure designed or used for human
18habitation; common areas accessible by inhabitants; and the
19surrounding property or structures.
20(Source: P.A. 98-690, eff. 1-1-15.)
21    (410 ILCS 45/7)  (from Ch. 111 1/2, par. 1307)
22    Sec. 7. Reports of lead poisoning required; lead
23information to remain confidential; disclosure prohibited.
24Every physician who diagnoses, or a health care provider,
25nurse, hospital administrator, or public health officer who has



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1verified information of the existence of a blood lead test
2result for any child or pregnant person shall report the result
3to the Department. Results identifying an elevated blood lead
4level in excess of the permissible limits set forth in rules
5adopted by the Department shall be reported to the Department
6within 48 hours of receipt of verification. Reports shall
7include the name, address, laboratory results, date of birth,
8and any other information about the child or pregnant person
9deemed essential by the Department. Directors of clinical
10laboratories must report to the Department, within 48 hours of
11receipt of verification, all blood lead analyses equal to or
12above an elevated blood lead level above permissible limits set
13forth in rule performed in their facility. The information
14included in the clinical laboratories report shall include, but
15not be limited to, the child's name, address, date of birth,
16name of physician ordering analysis, and specimen type. All
17blood lead levels less than an elevated blood lead level the
18permissible limits set forth in rule must be reported to the
19Department in accordance with rules adopted by the Department.
20These rules shall not require reporting in less than 30 days
21after the end of the month in which the results are obtained.
22All information obtained by the Department from any source and
23all information, data, reports, e-mails, letters, and other
24documents generated by the Department or any of its delegate
25agencies concerning any person subject to this Act receiving a
26blood lead test shall be treated in the same manner as



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1information subject to the provisions of Part 21 of Article
2VIII of the Code of Civil Procedure and shall not be disclosed.
3This prohibition on disclosure extends to all information and
4reports obtained or created by the Department or any of its
5delegate agencies concerning any regulated facility that has
6been identified as a potential lead hazard or a source of lead
7poisoning. This prohibition on disclosure does not prevent the
8Department or its delegates from using any information it
9obtains civilly, criminally, or administratively to prosecute
10any person who violates this Act, nor does it prevent the
11Department or its delegates from disclosing any certificate of
12compliance, notice, or mitigation order issued pursuant to this
13Act. Any physician, nurse, hospital administrator, director of
14a clinical laboratory, public health officer, or allied health
15professional making a report in good faith shall be immune from
16any civil or criminal liability that otherwise might be
17incurred from the making of a report.
18(Source: P.A. 98-690, eff. 1-1-15.)
19    (410 ILCS 45/14)  (from Ch. 111 1/2, par. 1314)
20    Sec. 14. Departmental rules and activities. The Department
21shall establish and publish rules governing permissible limits
22of lead in and about regulated facilities.
23    No later than 180 days after the effective date of this
24amendatory Act of the 100th General Assembly, the Department
25shall submit proposed amended rules to the Joint Committee on



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1Administrative Rules to update: the definition of elevated
2blood lead level to be in accordance with the most recent
3childhood blood lead level reference value from the federal
4Centers for Disease Control and Prevention; the current
5requirements for the inspection of regulated facilities
6occupied by children based on the updated definition of
7elevated blood lead level or the history of lead hazards; and
8any other existing rules that will assist the Department in its
9efforts to prevent, reduce, or mitigate the negative impact of
10instances of lead poisoning among children. The changes made to
11this Section by this amendatory Act of the 100th General
12Assembly do not preclude subsequent rulemaking by the
14    The Department shall also initiate activities that:
15        (a) Either provide for or support the monitoring and
16    validation of all medical laboratories and private and
17    public hospitals that perform lead determination tests on
18    human blood or other tissues.
19        (b) Subject to Section 7.2 of this Act, provide
20    laboratory testing of blood specimens for lead content to
21    any physician, hospital, clinic, free clinic,
22    municipality, or private organization that cannot secure
23    or provide the services through other sources. The
24    Department shall not assume responsibility for blood lead
25    analysis required in programs currently in operation.
26        (c) Develop or encourage the development of



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1    appropriate programs and studies to identify sources of
2    lead intoxication and assist other entities in the
3    identification of lead in children's blood and the sources
4    of that intoxication.
5        (d) Provide technical assistance and consultation to
6    local, county, or regional governmental or private
7    agencies for the promotion and development of lead
8    poisoning prevention programs.
9        (e) Provide recommendations by the Department on the
10    subject of identification, case management, and treatment
11    of lead poisoning.
12        (f) Maintain a clearinghouse of information, and will
13    develop additional educational materials, on (i) lead
14    hazards to children, (ii) lead poisoning prevention, (iii)
15    blood lead testing, (iv) lead mitigation, lead abatement,
16    and disposal, and (v) health hazards during lead abatement.
17    The Department shall make this information available to the
18    general public.
19(Source: P.A. 98-690, eff. 1-1-15.)".