Illinois General Assembly

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 Bill Status of HB4853  94th General Assembly


Short Description:  LEAD POISONING-CLEAN WIN PGM

House Sponsors
Rep. Harry Osterman - Deborah L. Graham - William Delgado - Julie Hamos - Elizabeth Coulson, Constance A. Howard, Susana A Mendoza, Michelle Chavez, Eddie Washington, Esther Golar, Sandra M. Pihos, Renee Kosel, Elaine Nekritz, David E. Miller, John A. Fritchey, Karen A. Yarbrough, Marlow H. Colvin, Wyvetter H. Younge, Monique D. Davis, Mary E. Flowers, Karen May, Mike Boland, Gary Hannig, Annazette Collins, Mike Bost, Aaron Schock, David R. Leitch, Kathleen A. Ryg, Jack D. Franks, Linda Chapa LaVia, Barbara Flynn Currie, Richard T. Bradley, Kevin A. McCarthy, James D. Brosnahan, Joseph M. Lyons, Patricia R. Bellock, Edward J. Acevedo and Robin Kelly

Senate Sponsors
(Sen. Carol Ronen - Kimberly A. Lightford - Kwame Raoul - Jeffrey M. Schoenberg - Don Harmon, John J. Cullerton, Edward D. Maloney, Mattie Hunter, Iris Y. Martinez, M. Maggie Crotty, Dale E. Risinger, Ira I. Silverstein and Jacqueline Y. Collins)

Last Action
DateChamber Action
  6/20/2006HousePublic Act . . . . . . . . . 94-0879

Statutes Amended In Order of Appearance
410 ILCS 45/7.2from Ch. 111 1/2, par. 1307.2
410 ILCS 45/8.3 new


Synopsis As Introduced
Amend the Lead Poisoning Prevention Act. Establishes the CLEAN-WIN program. Provides that the Department of Public Health must reimburse eligible owners of dwellings for replacing windows in living units deemed lead hazards by the Department. Requires the Department to appropriate funds for the program and to adopt rules to implement the program and to establish criteria for eligibility. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
410 ILCS 45/7.2
410 ILCS 45/8.3 new
Adds reference to:
30 ILCS 500/50-14.5 new
35 ILCS 5/507MM new
35 ILCS 5/509from Ch. 120, par. 5-509
35 ILCS 5/510from Ch. 120, par. 5-510
410 ILCS 45/2from Ch. 111 1/2, par. 1302
410 ILCS 45/3from Ch. 111 1/2, par. 1303
410 ILCS 45/4from Ch. 111 1/2, par. 1304
410 ILCS 45/5from Ch. 111 1/2, par. 1305
410 ILCS 45/6from Ch. 111 1/2, par. 1306
410 ILCS 45/6.01 new
410 ILCS 45/6.3 new
410 ILCS 45/7.1from Ch. 111 1/2, par. 1307.1
410 ILCS 45/8from Ch. 111 1/2, par. 1308
410 ILCS 45/9from Ch. 111 1/2, par. 1309
410 ILCS 45/9.2 new
410 ILCS 45/10.1 new
410 ILCS 45/12from Ch. 111 1/2, par. 1312
410 ILCS 45/12.1 new

Deletes everything after the enacting clause. Amends the Illinois Procurement Code to prohibit willful and knowing violators of the Lead Poisoning Prevention Act from doing business with the State or a State agency. Amends the Illinois Income Tax Act to create the Lead Poisoning Screening, Prevention, and Abatement Fund checkoff. Amends the Lead Poisoning Prevention Act. Makes changes in the definition of "lead bearing substance". Provides that no person shall use or apply lead bearing substances in or upon any items, including, but not limited to, clothing, accessories, jewelry, decorative objects, edible or chewable items, candy, food, or dietary supplements. Provides that no person shall sell, have, offer for sale, or transfer clothing, accessories, jewelry, decorative objects, edible or chewable items, candy, food, dietary supplements, or other articles used by or chewable by children that contain a lead bearing substance. Provides that when a person, firm, or corporation has, offers for sale, sells, or gives away any lead bearing substance that may be used by the general public, certain warnings must be given when the lead bearing substance is a lead-based paint or surface coating and when the lead bearing substance contains lead-based paint or a form of lead other than lead-based paint (now, one warning for any lead based substance). Requires a warning statement to be posted where supplies intended for the removal of paint or other surface coatings are sold or rented to the public. Requires certain information to be provided to the Department of Public Health by the Department of Healthcare and Family Services and requires the Department of Public Health to provide a report to certain health care providers. Provides that child care facilities that participate in the Illinois Child Care Assistance Program (CCAP) shall annually send or deliver to the parents or guardians of children enrolled in the facility's care an informational pamphlet regarding awareness of lead paint poisoning. Provides that the pamphlets shall be produced and made available by the Department and shall be downloadable from the Department's Internet website and requires the Department of Human Services and the Department of Public Health to assist in the distribution of the pamphlet. Provides that if a building is occupied by a child of less than 3 years of age screening positive for lead poisoning, the Department of Public Health must inspect the dwelling unit and common place area of the child screening positive. Provides that the Department may screen more units as the Department deems necessary. Provides that, when mitigation notices are issued for 2 or more dwelling units in a building within a 5-year time period, the Department or a private inspector must inspect the building. Requires the owner of a residential building who receives a mitigation notice to post a notice in the building specifying the identified lead hazards. Requires a Notice of Discovery of Lead Hazards to be filed with the Office of the Recorder of Deeds when the owner of a property fails to complete mitigation activities. Provides that a civil penalty may be imposed for a violation of provisions relating to mitigation. Requires the Attorney General and State's Attorney offices to publish a list of repeat violators of the Act, to establish a continuing legal education program related to the Act, and to report certain information annually to the General Assembly. Makes other changes. Effective immediately.

House Committee Amendment No. 2
Deletes reference to:
35 ILCS 5/507MM new
35 ILCS 5/509
35 ILCS 5/510
410 ILCS 45/10.1

Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 1 with the following changes. Further amends the Illinois Procurement Code to prohibit willful and knowing violators of the Lead Poisoning Prevention Act from doing business with the State or a State agency until the violation is mitigated (rather than a complete prohibition). Deletes provisions relating to the Lead Poisoning Screening, Prevention, and Abatement Fund checkoff. Further amends the Lead Poisoning Prevention Act. Makes changes in the definition of "lead bearing substance". Requires the warning statement posted where supplies intended for the removal of paint are offered to contain a statement that dry sanding and dry scraping of paint in dwellings built before 1978 is dangerous (rather than prohibited) and to contain the phone number and Internet website address (rather than the phone number) of the Department of Public Health or delegate agency. Requires the Department to provide sample posters and to make the posters available in hard copy and via download from the Department's Internet website. Provides that a violation of the requirement to post a warning statement is a petty offense. Removes a provision allowing the Department to inspect more units as it deems necessary. Requires the Department to inspect units where (i) children under the age of 6 reside, at the request of a parent or guardian of the child or (ii) a pregnant woman resides, at the pregnant woman's request. Provides that, when mitigation notices are issued for 2 or more dwelling units in a building within a 5-year time period, the Department may inspect common areas in the building and shall inspect units where (i) children under the age of 6 reside, at the request of a parent or guardian of the child or (ii) a pregnant woman resides, at the pregnant woman's request (rather than the Department or a private inspector may inspect all units and common areas in the building). Provides that once the Department determines that a lead hazard has been mitigated, the owner of a dwelling unit or residential building may remove notices of the lead hazard. Removes a provision requiring a Notice of Discovery of Lead Hazards to be filed with the Office of the Recorder of Deeds when the owner of a property fails to complete mitigation activities. Removes provisions concerning Attorney General and State's Attorney publishing of violators of the Act and establishing a continuing legal education program. Makes other changes. Effective immediately.

House Floor Amendment No. 3
Deletes reference to:
410 ILCS 45/9
Adds reference to:
410 ILCS 45/9.3 new
410 ILCS 45/9.4 new

Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 2 with the following changes. Further amends the Lead Poisoning Prevention Act. Makes changes in the definition of "lead bearing substance". Requires the warning statement posted where supplies intended for the removal of paint are offered to contain contact information (rather than the phone number and Internet website address of the Department of Public Health or delegate agency) where consumers can obtain more information. Requires the Department to provide sample brochures and to make the brochures available in hard copy and via download from the Department's Internet website. Provides that a commercial establishment shall be deemed to be in compliance with the warning statement requirement if the commercial establishment displays lead poisoning prevention posters or provides brochures to its customers that meet the minimum requirements of the Section but come from a source other than the Department. Provides that a violation of the requirement to post a warning statement shall cause the Department to issue a written warning for a first offense and shall be a petty offense for a second or subsequent offense if the violation occurs at the same location within 12 months after the first offense (rather than a violation is a petty offense). In a Section concerning inspection of buildings occupied by a person testing positive for lead poisoning, removes a provision requiring the Department to inspect units where (i) children under the age of 6 reside, at the request of a parent or guardian of the child or (ii) a pregnant woman resides, at the pregnant woman's request. Requires the Department to make the owner of a building aware of any financial assistance programs that may be available for lead mitigation whenever the Department issues a mitigation notice. Requires the notice posted by building owners who have received a mitigation notice to indicate whether mitigation notices have been issued for 2 or more dwelling units within a 5-year period of time. Provides that once the owner has complied with a mitigation notice or mitigation order issued by the Department (rather than once the Department determines that a lead hazard has been mitigated), the owner may remove the notices. Makes other changes. Effective immediately.

Senate Floor Amendment No. 1
Provides that the definition of "lead bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act.

Actions 
DateChamber Action
  1/19/2006HouseFiled with the Clerk by Rep. Harry Osterman
  1/19/2006HouseFirst Reading
  1/19/2006HouseReferred to Rules Committee
  1/31/2006HouseAssigned to Human Services Committee
  2/8/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Human Services Committee
  2/8/2006HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  2/8/2006HouseRemains in Human Services Committee
  2/16/2006HouseHouse Committee Amendment No. 2 Filed with Clerk by Human Services Committee
  2/16/2006HouseHouse Committee Amendment No. 2 Adopted in Human Services Committee; by Voice Vote
  2/16/2006HouseDo Pass as Amended / Short Debate Human Services Committee; 012-000-000
  2/16/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  2/16/2006HouseAdded Chief Co-Sponsor Rep. William Delgado
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Julie Hamos
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  2/16/2006HouseAdded Co-Sponsor Rep. Constance A. Howard
  2/16/2006HouseAdded Co-Sponsor Rep. Susana A Mendoza
  2/16/2006HouseAdded Co-Sponsor Rep. Michelle Chavez
  2/16/2006HouseAdded Co-Sponsor Rep. Eddie Washington
  2/16/2006HouseAdded Co-Sponsor Rep. Esther Golar
  2/16/2006HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  2/16/2006HouseAdded Co-Sponsor Rep. Renee Kosel
  2/16/2006HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/16/2006HouseAdded Co-Sponsor Rep. David E. Miller
  2/16/2006HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/16/2006HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/16/2006HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/16/2006HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  2/16/2006HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/16/2006HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/21/2006HouseAdded Co-Sponsor Rep. Karen May
  2/22/2006HouseSecond Reading - Short Debate
  2/22/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  2/24/2006HouseAdded Co-Sponsor Rep. Mike Boland
  2/27/2006HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Harry Osterman
  2/27/2006HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  2/28/2006HouseAdded Co-Sponsor Rep. Gary Hannig
  2/28/2006HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  2/28/2006HouseAdded Co-Sponsor Rep. Annazette Collins
  2/28/2006HouseAdded Co-Sponsor Rep. Mike Bost
  2/28/2006HouseAdded Co-Sponsor Rep. Aaron Schock
  3/1/2006HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  3/1/2006HouseAdded Co-Sponsor Rep. David R. Leitch
  3/1/2006HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/1/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/1/2006HouseRemoved Co-Sponsor Rep. Kathleen A. Ryg
  3/2/2006HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/3/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/3/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/3/2006HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/3/2006HouseAdded Co-Sponsor Rep. Richard T. Bradley
  3/3/2006HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  3/3/2006HouseAdded Co-Sponsor Rep. James D. Brosnahan
  3/3/2006HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/3/2006HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/3/2006HouseThird Reading - Short Debate - Passed 114-000-000
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading March 8, 2006
  3/7/2006SenateChief Senate Sponsor Sen. Carol Ronen
  3/8/2006SenateFirst Reading
  3/8/2006SenateReferred to Rules
  3/15/2006SenateAssigned to Health & Human Services
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  3/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  3/16/2006SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton
  3/16/2006SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  3/17/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  3/17/2006SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  3/23/2006SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  3/24/2006SenateDo Pass Health & Human Services; 008-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/24/2006SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  3/24/2006SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/28/2006HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  3/29/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Carol Ronen
  3/29/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  3/30/2006SenateSenate Floor Amendment No. 1 Be Approved for Consideration Rules
  3/30/2006SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 1 Adopted; Ronen
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 055-000-000
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  4/3/2006HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Harry Osterman
  4/3/2006HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/4/2006HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseAdded Co-Sponsor Rep. Robin Kelly
  4/4/2006HouseSenate Floor Amendment No. 1 House Concurs 112-001-000
  4/4/2006HousePassed Both Houses
  5/3/2006HouseSent to the Governor
  6/20/2006HouseGovernor Approved
  6/20/2006HouseEffective Date June 20, 2006
  6/20/2006HousePublic Act . . . . . . . . . 94-0879

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