Sen. Jacqueline Y. Collins

Filed: 3/1/2018





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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 and 7 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 level of lead in the
9bloodstream that necessitates the undertaking of responsive
10action and equals or exceeds the lower of: (1) 5 micrograms of
11lead per deciliter of blood; or (2) an amount identified in the
12most recent recommendations from the federal Centers for
13Disease Control and Prevention blood lead level in excess of
14those considered within the permissible limits as established
15under State and federal rules.
16    "Exposed surface" means any interior or exterior surface of
17a regulated facility.
18    "High risk area" means an area in the State determined by
19the Department to be high risk for lead exposure for children 6
20years of age or younger. The Department may consider, but is
21not limited to, the following factors to determine a high risk
22area: age and condition (using Department of Housing and Urban
23Development definitions of "slum" and "blighted") of housing,
24proximity to highway traffic or heavy local traffic or both,
25percentage of housing determined as rental or vacant, proximity
26to industry using lead, established incidence of elevated blood



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1lead levels in children, percentage of population living below
2200% of federal poverty guidelines, and number of children
3residing in the area who are 6 years of age or younger.
4    "Lead abatement" means any approved work practices that
5will permanently eliminate lead exposure or remove the
6lead-bearing substances in a regulated facility. The
7Department shall establish by rule which work practices are
8approved or prohibited for lead abatement.
9    "Lead abatement contractor" means any person or entity
10licensed by the Department to perform lead abatement and
12    "Lead abatement supervisor" means any person employed by a
13lead abatement contractor and licensed by the Department to
14perform lead abatement and lead mitigation and to supervise
15lead workers who perform lead abatement and lead mitigation.
16    "Lead abatement worker" means any person employed by a lead
17abatement contractor and licensed by the Department to perform
18lead abatement and mitigation.
19    "Lead activities" means the conduct of any lead services,
20including, lead inspection, lead risk assessment, lead
21mitigation, or lead abatement work or supervision in a
22regulated facility.
23    "Lead-bearing substance" means any item containing or
24coated with lead such that the lead content is more than
25six-hundredths of one percent (0.06%) lead by total weight; or
26any dust on surfaces or in furniture or other nonpermanent



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1elements of the regulated facility; or any paint or other
2surface coating material containing more than five-tenths of
3one percent (0.5%) lead by total weight (calculated as lead
4metal) in the total non-volatile content of liquid paint; or
5lead-bearing substances containing greater than one milligram
6per square centimeter or any lower standard for lead content in
7residential paint as may be established by federal law or rule;
8or more than 1 milligram per square centimeter in the dried
9film of paint or previously applied substance; or item or dust
10on item containing lead in excess of the amount specified in
11the rules authorized by this Act or a lower standard for lead
12content as may be established by federal law or rule.
13"Lead-bearing substance" does not include firearm ammunition
14or components as defined by the Firearm Owners Identification
15Card Act.
16    "Lead hazard" means a lead-bearing substance that poses an
17immediate health hazard to humans.
18    "Lead hazard screen" means a lead risk assessment that
19involves limited dust and paint sampling for lead-bearing
20substances and lead hazards. This service is used as a
21screening tool designed to determine if further lead
22investigative services are required for the regulated
24    "Lead inspection" means a surface-by-surface investigation
25to determine the presence of lead-based paint.
26    "Lead inspector" means an individual who has been trained



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1by a Department-approved training program and is licensed by
2the Department to conduct lead inspections; to sample for the
3presence of lead in paint, dust, soil, and water; and to
4conduct compliance investigations.
5    "Lead mitigation" means the remediation, in a manner
6described in Section 9, of a lead hazard so that the
7lead-bearing substance does not pose an immediate health hazard
8to humans.
9    "Lead poisoning" means the poisoning of the bloodstream
10that results from exposure to lead or lead-based substances in
11water, paint, building materials, or the environment, and that
12causes uncorrectable developmental delay and decreased mental
13functioning capacity in children and, in severe cases, can lead
14to a child's premature death the condition of having blood lead
15levels in excess of those considered safe under State and
16federal rules.
17    "Lead risk assessment" means an on-site investigation to
18determine the existence, nature, severity, and location of lead
19hazards. "Lead risk assessment" includes any lead sampling and
20visual assessment associated with conducting a lead risk
21assessment and lead hazard screen and all lead sampling
22associated with compliance investigations.
23    "Lead risk assessor" means an individual who has been
24trained by a Department-approved training program and is
25licensed by the Department to conduct lead risk assessments,
26lead inspections, and lead hazard screens; to sample for the



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1presence of lead in paint, dust, soil, water, and sources for
2lead-bearing substances; and to conduct compliance
4    "Lead training program provider" means any person
5providing Department-approved lead training in Illinois to
6individuals seeking licensure in accordance with the Act.
7    "Low risk area" means an area in the State determined by
8the Department to be low risk for lead exposure for children 6
9years of age or younger. The Department may consider the
10factors named in "high risk area" to determine low risk areas.
11    "Owner" means any person, who alone, jointly, or severally
12with others:
13        (a) Has legal title to any regulated facility, with or
14    without actual possession of the regulated facility, or
15        (b) Has charge, care, or control of the regulated
16    facility as owner or agent of the owner, or as executor,
17    administrator, trustee, or guardian of the estate of the
18    owner.
19    "Person" means any individual, partnership, firm, company,
20limited liability company, corporation, association, joint
21stock company, trust, estate, political subdivision, State
22agency, or any other legal entity, or their legal
23representative, agent, or assign.
24    "Regulated facility" means a residential building or child
25care facility.
26    "Residential building" means any room, group of rooms, or



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1other interior areas of a structure designed or used for human
2habitation; common areas accessible by inhabitants; and the
3surrounding property or structures.
4(Source: P.A. 98-690, eff. 1-1-15.)
5    (410 ILCS 45/7)  (from Ch. 111 1/2, par. 1307)
6    Sec. 7. Reports of lead poisoning required; lead
7information to remain confidential; disclosure prohibited.
8Every physician who diagnoses, or a health care provider,
9nurse, hospital administrator, or public health officer who has
10verified information of the existence of a blood lead test
11result for any child or pregnant person shall report the result
12to the Department. An elevated blood lead level Results in
13excess of the permissible limits set forth in rules adopted by
14the Department shall be reported to the Department within 48
15hours of receipt of verification. Reports shall include the
16name, address, laboratory results, date of birth, and any other
17information about the child or pregnant person deemed essential
18by the Department. Directors of clinical laboratories must
19report to the Department, within 48 hours of receipt of
20verification, all blood lead analyses that show an elevated
21blood lead level above permissible limits set forth in rule
22performed in their facility. The information included in the
23clinical laboratories report shall include, but not be limited
24to, the child's name, address, date of birth, name of physician
25ordering analysis, and specimen type. All blood lead level



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1analyses that do not show an elevated blood lead level levels
2less than the permissible limits set forth in rule must be
3reported to the Department in accordance with rules adopted by
4the Department. These rules shall not require reporting in less
5than 30 days after the end of the month in which the results
6are obtained. All information obtained by the Department from
7any source and all information, data, reports, e-mails,
8letters, and other documents generated by the Department or any
9of its delegate agencies concerning any person subject to this
10Act receiving a blood lead test shall be treated in the same
11manner as information subject to the provisions of Part 21 of
12Article VIII of the Code of Civil Procedure and shall not be
13disclosed. This prohibition on disclosure extends to all
14information and reports obtained or created by the Department
15or any of its delegate agencies concerning any regulated
16facility that has been identified as a potential lead hazard or
17a source of lead poisoning. This prohibition on disclosure does
18not prevent the Department or its delegates from using any
19information it obtains civilly, criminally, or
20administratively to prosecute any person who violates this Act,
21nor does it prevent the Department or its delegates from
22disclosing any certificate of compliance, notice, or
23mitigation order issued pursuant to this Act. Any physician,
24nurse, hospital administrator, director of a clinical
25laboratory, public health officer, or allied health
26professional making a report in good faith shall be immune from



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1any civil or criminal liability that otherwise might be
2incurred from the making of a report.
3(Source: P.A. 98-690, eff. 1-1-15.)
4    Section 99. Effective date. This Act takes effect January
51, 2019.".