HB4862 94TH GENERAL ASSEMBLY

LRB094 17097 LJB 52382 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4862

Introduced 01/19/06, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

410 ILCS 45/9.2 new

Amends the Lead Poisoning Prevention Act. Requires the Department of Public Health to assess an annual fee against manufacturers and other persons formerly or presently engaged in the the stream of commerce of lead or products containing lead that have significantly contributed to environmental lead contamination. Provides that the fee will not be assessed against a retailer of lead or products containing lead. Provides that the fee will not be assessed upon a person if the person can demonstrate that he or she did not contribute to environmental lead contamination.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Lead Poisoning Prevention Act is amended by adding Section 9.2 as follows:

(410 ILCS 45/9.2 new)

Sec. 9.2. Lead and lead products fee.

(a) On and after the effective date of this amendatory Act of the 94th General Assembly, the Department shall assess an annual fee in an amount to be determined by rule against manufacturers and other persons formerly or presently engaged in the stream of commerce of lead or products containing lead or who are otherwise responsible for identifiable sources of lead that, as determined by the Department, have significantly contributed historically or currently to environmental lead contamination. To the maximum extent practical, the fee shall be assessed on the basis of the following criteria:

(1) a person's past and present responsibility for environmental lead contamination; and

(2) a person's market share responsibility for environmental lead contamination.

This Section does not apply to, and no fee shall be assessed upon, any retailer of lead or products containing lead.

(b) The fee shall be assessed and collected annually by the Department. The annual fee assessed in subsection (a) shall be adjusted by the Department to reflect the following:

(1) the increase in the annual average of the Consumer Price Index for the most recent year available; and

(2) the increase or decrease in the number of children in Illinois who are receiving services pursuant to this Act.

(c) No fee shall be assessed upon a person if that person can demonstrate that his or her industry does not or did not contribute in any manner to environmental lead contamination.

No fee shall be assessed upon a person if that person demonstrates that the lead, or the product containing lead, with which the person is associated does not or did not result in quantifiably persistent environmental lead contamination.

(d) The fees collected pursuant to this Section shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund.