SB2754 93RD GENERAL ASSEMBLY

LRB093 20797 RXD 46714 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2754

Introduced 2/5/2004, by James F. Clayborne Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Childhood Lead Poisoning Reduction Act. Establishes a Lead Poisoning Prevention Commission. Defines the requirements for lead-free and lead-safe property status. Provides that the owner of an affected property may request that the Department of Public Health inspect an affected property to determine whether it complies with the requirements for lead-free and lead-safe property. Provides that a contractor or supervisor performing lead hazard reduction activities shall be accredited by the Director of Public Health. Establishes immunity from civil liability to a person at risk for an affected property owner who complies with the lead-free or lead-safe standards and offers to pay medical expenses, relocation costs, and attorney's fees. Requires insurers to extend liability coverage to rental property owners for losses or damages caused by exposure to lead-based paint. Provides that civil remedies and criminal penalties shall be enforced against any owner of an affected property who fails to comply. Prohibits retaliatory evictions. Provides for the creation of educational programs designed to inform the public of the problem of lead poisoning and its prevention. Requires the Director of Public Health to establish a program for early identification of persons at risk. Creates a private right to injunctive relief.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public health.

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

Section 1. Short title. This Act may be cited as the Childhood Lead Poisoning Reduction Act.

Section 5. Findings. The General Assembly finds that:

(a) More than 300,000 American children may have levels of lead in their blood in excess of 10 micrograms per deciliter. Unless prevented or treated, elevated blood lead levels in egregious cases may result in impairment of the ability to think, concentrate, and learn.

(b) A significant cause of lead poisoning in children is the ingestion of lead particles from deteriorating or abraded lead-based paint from older, poorly maintained residences.

(c) The health and development of these children and many others are endangered by chipping or peeling lead-based paint or excessive amounts of lead-contaminated dust in poorly maintained homes.

(d) Ninety percent of lead-based paint still remaining in occupied housing exists in units built before 1960, with the remainder in units built before 1978.

(e) The dangers posed by lead-based paint can be substantially reduced and largely eliminated by taking measures to prevent paint deterioration and limiting children's exposure to paint chips and lead dust.

(f) The deterioration of lead-based paint in older residences results in increased expenses each year for the State of Illinois in the form of special education and other education expenses, medical care for lead-poisoned children, and expenditures for delinquent youth and others needing special supervision.

(g) Older housing units remain an important part of Illinois housing stock, particularly for those of modest or limited incomes.

(h) The possibility of liability exposure among landlords has led many to abandon older properties or to place them in "shell corporations" in order to avoid personal liability.

(i) Knowledge of lead-based paint hazards, their control, mitigation, abatement, and risk avoidance is not sufficiently widespread, especially outside urban areas.

(j) The incidence of childhood lead poisoning can be reduced substantially without significant additional cost to the State by creating appropriate incentives for property owners to make their properties lead-free or lead-safe and by targeting existing State resources used to prevent childhood lead poisoning more effectively.

Section 10. Purpose. To promote the elimination of childhood lead poisoning in Illinois, the purposes of this Act are:

(a) to significantly reduce the incidence of childhood lead poisoning in Illinois;

(b) to increase the supply of affordable rental housing in Illinois in which measures have been taken to reduce substantially the risk of childhood lead poisoning;

(c) to improve public awareness of lead safety issues and to educate property owners and tenants about practices that can reduce the incidence of lead poisoning;

(d) to provide protection from potentially ruinous tort actions for those landlords who undertake specified lead hazard reduction measures;

(e) to encourage the testing of children likely to suffer the consequences of lead poisoning so that prompt diagnosis and treatment, as well as the prevention of harm, are possible; and

(f) to provide a mechanism to facilitate prompt payment of medical and rehabilitation expenses and relocation costs for those individuals who are affected by childhood lead poisoning.

Section 15. Definitions. In this Act:

"Abatement" means any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. Abatement includes the removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-based hazards.

"Affected property" means a room or group of rooms within a property constructed before 1978 that form a single independent habitable dwelling unit for occupation by one or more individuals that has living facilities with permanent provisions for living, sleeping, eating, cooking, and sanitation. "Affected property" does not include:

(1) an area not used for living, sleeping, eating, cooking, or sanitation, such as an unfinished basement;

(2) unit within a hotel, motel, or similar seasonal or transient facility unless such unit is occupied by one or more persons at risk for a period exceeding 30 days;

(3) an area which is secured and inaccessible to occupants;

(4) a unit which is not offered for rent; or

(5) any property owned or operated by a unit of federal, State, or local government, or any public, quasi-public, or municipal corporation, if the property is subject to lead standards that are equal to, or more stringent than, the requirements for lead-safe status under subsection (b) of Section 25.

"Change in occupancy" means a change of tenant in an affected property in which the property is vacated and possession is either surrendered to the owner or abandoned.

"Chewable surface" means an interior or exterior surface painted with lead-based paint that a child under the age of 6 can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a child under the age of 6 are not considered chewable.

"Containment" means the physical measures taken to ensure that dust and debris created or released during lead-based paint hazard reduction are not spread, blown, or tracked from inside to outside of the worksite.

"Deteriorated paint" means any interior or exterior paint or other coating that is peeling, chipping, chalking, or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

"Dust-lead hazard" means surface dust in a residential dwelling or a facility occupied by a person at risk that contains a mass per area concentration of lead equal to or exceeding 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills based on wipe samples.

"Dwelling unit" means a:

(1) Single-family dwelling, including attached structures such as porches and stoops; or

(2) Housing unit in a structure that contains more than one separate housing unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or separate living quarters of one or more persons.

"Elevated blood lead" or "EBL" means a quantity of lead in whole venous blood, expressed in micrograms per deciliter, that exceeds 15 micrograms per deciliter or such other level as may be specifically provided in this Act.

"Encapsulation" means the application of a covering or coating that acts as a barrier between the lead-based paint and the environment and that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent.

"Exterior surfaces" means:

(1) all fences and porches that are part of an affected property;

(2) all outside surfaces of an affected property that are accessible to a child under the age of 6 and that:

(A) are attached to the outside of an affected property; or

(B) consist of other buildings that are part of the affected property; and

(3) all painted surfaces in stairways, hallways, entrance areas, recreation areas, laundry areas, and garages within a multifamily rental dwelling unit that are common to individual dwelling units and are accessible to a child under the age of 6.

"Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

"Hazard reduction" means measures designed to reduce or eliminate human exposure to lead-based hazards through methods including interim controls or abatement or a combination of the two.

"High efficiency particle air vacuum" or "HEPA-vacuum" means a device capable of filtering out particles of 0.3 microns or greater from a body of air at an efficiency of 99.97% or greater. "HEPA-vacuum" includes use of a HEPA-vacuum.

"Impact surface" means an interior or exterior surface that is subject to damage from the impact of repeated sudden force, such as certain parts of door frames.

"Inspection" means a comprehensive investigation to determine the presence of lead-based paint hazards and the provision of a report explaining the results of the investigation.

"Interim controls" means a set of measures designed to reduce temporarily human exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.

"Interior windowsill" means a portion of the horizontal window ledge that is protruding into the interior of a room.

"Lead-based paint" means paint or other surface coatings that contain lead equal to or exceeding one milligram per square centimeter or 0.5 % by weight or 5,000 parts per million by weight.

"Lead-based paint hazard" means paint-lead hazards and dust-lead hazards.

"Lead-contaminated dust" means dust in affected properties that contains an area or mass concentration of lead in excess of the lead content level determined by the Director by regulation.

"Director's local designee" means a municipal, county, or other official designated by the Director of Public Health, responsible for assisting the Director or Director of Public Health, relevant State agencies, and relevant county and municipal authorities, in implementing the activities specified by the Act for the geographical area in which the affected property is located.

"Owner" means a person, firm, corporation, nonprofit organization, partnership, government, guardian, conservator, receiver, trustee, executor, or other judicial officer, or other entity which, alone or with others, owns, holds, or controls the freehold or leasehold title or part of the title to property, with or without actually possessing it. The definition includes a vendee who possesses the title, but does not include a mortgagee or an owner of a reversionary interest under a ground rent lease.

"Owner" includes any authorized agent of the owner, including a property manager or leasing agent.

"Paint-lead hazard" means any one of the following:

(1) Any lead-based paint on a friction surface that is subject to abrasion and where the dust-lead levels on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) are equal to or greater than the dust-lead hazard levels defined in this subsection;

(2) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building material, such as a door knob that knocks into a wall or a door that knocks against its door frame;

(3) Any chewable lead-based painted surface on which there is evidence of teeth marks; or

(4) Any other deteriorated lead-based paint in or on the exterior of any residential building or any facility occupied by a person at risk.

"Permanent" means an expected design life of at least 20 years.

"Person at risk" means a child under the age of 6 or a pregnant woman who resides or regularly spends at least 24 hours per week in an affected property.

"Relocation expenses" means all expenses necessitated by the relocation of a tenant's household to lead-safe housing, including moving and hauling expenses, the HEPA-vacuuming of all upholstered furniture, payment of a security deposit for the lead-safe housing, and installation and connection of utilities and appliances.

"Soil-lead hazard" means soil on residential real property or on property of a facility occupied by a person at risk that contains total lead equal to or exceeding 400 parts per million in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.

"Tenant" means the individual named as the lessee in a lease, rental agreement, or occupancy agreement for a dwelling unit.

"Wipe sample" means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728 ("Standard Practice for the Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques"), with lead determination conducted by an accredited laboratory participating in the Environmental Lead Laboratory Accreditation Program (NLAP).

Section 20. Lead Poisoning Prevention Commission.

(a) The Governor shall appoint a Lead Poisoning Prevention Commission.

(1) The duties of the Commission are to:

(A) report to the Governor, the President of the Senate, and the Speaker of the House in writing by October 1, 2005, recommending legislation providing effective measures providing both additional incentives for all affected property owners to bring their premises into compliance with the lead safe standards outlined in subsection (b) of Section 25, additional means of enforcement and penalties for those property owners who fail to achieve compliance. The incentives to be considered should include, among others, state income or local property tax credits and revolving loan funds;

(B) study and collect information on the effectiveness of this Act in fulfilling its legislative purposes as defined in Section 10;

(C) make policy recommendations, in addition to those mandated by subparagraph (A), regarding how best to achieve the legislative purposes of this Act as set forth in Section 10;

(D) consult with the responsible departments of state government on the implementation of this Act; and

(E) write and submit a report by October 1, 2005 to the Governor, the President of the Senate, and the Speaker of the House, on the results of implementing this Act.

(2) The Commission shall consist of 9 members. The membership shall include:

(A) the Director of Public Health or his or her local designee;

(B) the Director of the Illinois Housing Development Authority or his or her local designee;

(C) one member of the State Senate, appointed by the President;

(D) one member of the State House of Representatives appointed by the Speaker; and

(E) five members appointed by the Governor including:

(i) a child advocate;

(ii) a health care provider;

(iii) a representative of local government; and

(iv) two owners of rental property in the State.

(3) The Commission shall be chaired by the Director of Public Health.

(4) Members of the Commission shall serve without additional compensation.

Section 25. Requirements for lead-free status and lead-safe status.

(a) Requirements for lead-free property status. An affected property is lead-free if:

(1) the affected property was construed after 1978; or

(2) the owner of the affected property submits to the Director of the Public Health for the jurisdiction in which such property is located an inspection report which indicates that the affected property has been tested for the presence of lead in accordance with standards and procedures established by the regulations promulgated by the Director and states that:

(A) all interior surfaces of the affected property are lead-free; and

(B) all exterior painted surfaces of the affected property that were chipping, peeling, or flaking have been restored with non-lead-based, or no exterior painted surfaces of the affected property are chipping, peeling, or flaking.

(b) Requirements for lead-safe property status. An affected property is lead-safe if the following treatments to reduce lead-based paint hazards have been completed by someone certified under Section 35 of this Act and in compliance with the regulations established by the Director of Public Health:

(1) visual review of all exterior and interior painted surfaces;

(2) removal and repainting of chipping, peeling, or flaking paint on exterior and interior painted surfaces;

(3) stabilization and repainting of any interior or exterior painted surface which have lead-based paint hazards;

(4) repair of any structural defect that is causing the paint to chip, peel, or flake that the owner of the affected property has knowledge of, or with the exercise of reasonable care, should have knowledge of;

(5) stripping and repainting, replacing, or encapsulating all interior windowsills and window troughs with vinyl, metal, or any other durable materials which render the surface smooth and cleanable;

(6) installation of caps of vinyl, aluminum, or any other material in a manner and under conditions approved by the Director of Public Health in all window wells in order to make the window wells smooth and cleanable;

(7) fixing the top sash of all windows in place in order to eliminate the friction caused by movement of the top sash, except for a treated or replacement window that is free of lead-based paint on its friction surfaces;

(8) re-hanging all doors as necessary to prevent the rubbing together of a lead-painted surface with another surface;

(9) making all bare floors smooth and cleanable;

(10) ensuring that all kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and

(11) HEPA-vacuuming and washing of the interior of the affected property with high phosphate detergent or its equivalent, as determined by the Director of Public Health.

(c) Repairs to comply with standards.

(1) Whenever an owner of an affected property intends to make repairs or perform maintenance work that will disturb the paint on interior surfaces of an affected property, the owner shall give any tenant in such affected property at least 48 hours' written advance notice and shall make reasonable efforts to ensure that all persons who are not persons at risk are not present in the area where work is performed and that all persons at risk are removed from the affected property when the work is performed.

(2) A tenant shall allow access to an affected property, at reasonable times, to the owner to perform any work required under this Act.

(3) If a tenant must vacate an affected property for a period of 24 hours or more in order to allow an owner to perform work that will disturb the paint on interior surfaces, the owner shall pay the reasonable expenses that the tenant incurs directly related to the required relocation.

(4) If an owner has made all reasonable efforts to cause the tenant to temporarily vacate an affected property in order to perform work that will disturb the paint on interior surfaces, and the tenant refuses to vacate the affected property, the owner may not be liable for any damages arising from the tenant's refusal to vacate.

(5) If an owner has made all reasonable efforts to gain access to an affected property in order to perform any work required under this Act, and the tenant refuses to allow access, even after receiving reasonable advance notice of the need for access, the owner may not be liable for any damages arising from the tenant's refusal to allow access.

Section 30. Inspection of affected properties.

(a) Voluntary inspections.

(1) An owner of an affected property at any time after the effective date of this Act may request that the Director of the Department of Public Health or a Director's local designee inspect an affected property to determine whether it complies with the requirements of lead-free as specified in subsection (a) of Section 25 or the requirements of lead-safe as specified in subsection (b) of Section 25. Such inspection shall be completed within 30 days following the owner's request.

(2) Any affected property certified as either lead-free or lead-safe following a voluntary inspection pursuant to subsection (a)(1) shall be:

(A) entitled to the liability protection provisions of Section 40; and

(B) in compliance with all state and local requirements, whether included in housing codes or ordinances or any other regulatory or criminal statutes or ordinances, governing lead paint contained in an affected property.

(b) Mandatory compliance. The Lead Poisoning Prevention Commission established by Section 20 shall either develop a proposal for mandatory inspections of all affected properties to be implemented by January 1, 2006, or shall develop alternative measures of enforcement and penalties to ensure that all affected properties comply with either the lead-free standard described in subsection (a) of Section 25 or the lead-safe standard described in subsection (b) of Section 25 within a reasonable period of time following January 1, 2006.

(c) Expedited inspection. The Director of Public Health or the Director's local designee for the jurisdiction in which such property is located shall order an inspection of an affected property, at the expense of the owner of the affected property, whenever the Director of Public Health or the Director's local designee for the jurisdiction in which such property is located, after January 1, 2005, is notified that the affected property reasonably appears to comply with neither the lead-free standard or the lead-safe standard as those standards are defined in Section 25 and a person at risk resides in the affected property or spends more than 24 hours per week in the affected property. An inspection required under this subsection shall be completed within 90 days after notification of the Director of Public Health or the Director's local designee for the jurisdiction in which such property is located.

(d) Emergency inspection. The Director of Public Health or the Director's local designee for the jurisdiction in which such property is located shall order an inspection of an affected property, at the expense of the owner of the affected property, whenever the Director of Public Health or the Director's local designee for the jurisdiction in which such property is located, is notified that a person at risk who resides in the affected property or spends more than 24 hours per week in the affected property has an elevated blood lead level greater than or equal to 15 micrograms per deciliter. An inspection under this subsection shall be completed within 15 days after notification of the Director of Public Health or the Director's local designee for the jurisdiction in which such property is located.

(e) Inspection report. The inspector shall submit a verified report of the result of the inspection to the Executive Director of the Illinois Housing Development Authority or the Executive Director's designee, and the Director of the Department of Public Health or the Director's local designee for the jurisdiction in which such property is located, the owner, and the tenant, if any, of the affected property.

(f) Inspection fees. The owner of an affected property shall pay a fee at the time of the inspection of an affected property sufficient to pay the full costs of the inspection

Section 35. Accreditation of inspectors and contractors performing work.

(a) Accreditation of persons performing lead hazard reduction activities. No person shall act as a contractor or supervisor to perform the work necessary for lead-hazard abatement as defined in this Act unless that person is accredited by the Director of Public Health. The Director shall accredit for these purposes any person meeting the standards described in one of the following subsections:

(1) Regulations to be adopted by the Director of Public Health pursuant to this Act governing the accreditation of individuals to engage in lead-based paint activities sufficient to satisfy the requirements of 40 Code of Federal Regulations (C.F.R.) 745.325 (2001) or any applicable successor provisions to 40 C.F.R. 745.325 (2001).

(2) Certification by the United States Environmental Protection Agency to engage in lead-based paint activities pursuant to 40 C.F.R. 745.226 (2001) or any applicable successor provisions to 40 C.F.R. 745.226 (2001).

(3) Certification by a state or tribal program authorized by the United States Environmental Protection Agency to certify individuals engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 (2001) or any applicable successor provisions to 40 C.F.R. 745.325 (2001). The Director of Public Health shall, by regulation, create exceptions to the accreditation requirement for instances where the disturbance of lead-based paint is incidental.

(b) Accreditation of persons performing inspections. An inspector accredited by the Director shall conduct all inspections required by Section 30 of this Act, or otherwise required by this Act. The Director of Public Health shall accredit as an inspector any individual meeting the following requirements:

(1) Regulations to be adopted by the Director pursuant to this Act governing the accreditation of individuals eligible to conduct the inspections required by this Act; or

(2) Certification to conduct risk assessments by the EPA pursuant to 40 C.F.R. 745.226(b) (2001) or any applicable successor provisions to 40 C.F.R. 745.226 (2001).

(c) Duration of certification. The accreditation of contractors or supervisors of those performing the work necessary for lead hazard abatement, and the accreditation of those performing the inspections required by this Section, shall extend for a period of 3 years unless the Director of Public Health has probable cause to believe a person accredited under this Section has violated the terms of the accreditation or engaged in illegal or unethical conduct related to inspections required by this Act, in which case the accreditation to perform inspections shall be suspended pending a hearing in accordance with the provisions of state law.

(d) Registration fees. The Director shall establish by regulation a schedule of fees for the registration of persons performing lead hazard abatement and a separate schedule for persons performing inspections pursuant to this Act. Such fees shall be required to be paid at the time of initial registration and at the time of subsequent renewal of registration, and shall be sufficient to cover all costs, including the costs of state personnel, attributable to accreditation activities conducted under this Section.

(1) Fees collected pursuant to this subsection will be held in a continuing, non-lapsing special fund to be used for accreditation purposes under this Section.

(2) The State Treasurer shall hold and the State Comptroller shall account for this fund.

(3) The fund established under this subsection shall be invested and reinvested and any investment earnings shall be paid into the fund.

(e) Enforcement. The provisions and procedures of appropriate state statutes governing violation of business and professional licensing statutes shall be used and shall apply to enforce violations of this Section, any regulations adopted under this subtitle, and any condition of accreditation issued under this Act.

Section 40. Liability protection and the qualified offer.

(a) Scope of application. This Section applies to all potential bases of civil liability for alleged injury or loss to a person caused by the ingestion of lead by a person at risk in an affected property; except that this Section does not apply to any claim in which the elevated blood lead level of the person at risk is documented to have existed on or before the date, 60 days after the affected property where the person at risk resides or otherwise allegedly was exposed to lead, has been certified as lead-free under subsection (a) of Section 25 or lead-safe under subsection (b) of Section 25.

(b) Requirements for immunity from liability. A property owner and his or her agents and employees are immune from civil liability to a person at risk, his or her parents, or legal guardian for injuries or damages resulting from the ingestion of lead contained in an affected property if:

(1) the property has been certified as lead-free under subsection (a) of Section 25 or as lead-safe under subsection (b) of Section 25; and

(2) the property owner or his agent has made a qualified offer as defined in subsection (e), to the person at risk or his or her parent or legal guardian, in a case in which the person at risk has a documented elevated blood lead level of 15 micrograms per deciliter or more performed more than 60 days following certification of the premises as lead-safe or lead-free pursuant to Section 25, regardless of whether such qualified offer has been accepted or rejected by the person at risk, or his or her parent or legal guardian.

(c) Exceptions to immunity. The immunity described in subsection (b) does not apply if it is shown that one of the following has occurred:

(1) the owner or his or her employee or agent obtained the certification or lead-free or lead-safe status by fraud;

(2) the owner or his or her employee or agent violated a condition of the certification;

(3) during renovation, remodeling, maintenance or repair after receiving the certificate, the owner or his or her employee or agent created a lead-based paint hazard that was present in the affected property at the time the person at risk either was exposed to a lead-based paint hazard or first was tested with an elevated blood lead level greater than 15 micrograms per deciliter;

(4) the owner or his or her employee or agent failed to respond in a timely manner to notification by a tenant, by the Director of Public Health, by the Director's local designee for the jurisdiction in which such property is located, or by a local housing or health department that a lead-based paint hazard might be present; or

(5) the lead poisoning or lead exposure was caused by a source of lead in the affected property other than lead-based paint.

(d) Documentation and notification of injury. A person may not bring an action against an owner of an affected property whose property has been certified as lead-free under subsection (a) of Section 25 or lead-safe as certified under subsection (b) of Section 25 for damages arising from alleged injury or loss to a person at risk caused by lead-based paint hazard unless he or she documents his or her alleged injury with a test for elevated blood levels and presents a written notice to the owner of the affected property or his or her agent or employee of the claim and test results.

(1) If such test results show an elevated blood level of less than 15 micrograms per deciliter, the person at risk, or his or her parent or legal guardian, shall not recover damages from the owner of the affected property, his or her agents, or employees unless the person at risk, his or her parent, or legal guardian can show by clear and convincing evidence that the person at risk damage or injury resulted from exposure to lead-based paint and was caused by either:

(A) intentional acts by the owner, his or her agents, or employees; or

(B) actions of the owner, his or her agents, or employees with knowledge, with a substantial certainty that such actions would injure the person at risk or others similarly situated.

(2) If such test results show an elevated blood level of 15 micrograms per deciliter or greater, the owner of the affected property or his or her agent or employee shall have the opportunity to make a qualified offer under subsection (e).

(3) If the concentration of lead in a whole venous blood sample of a person at risk tested within 60 days after the person at risk begins residence or regularly spends at least 24 hours per week in an affected property that is certified as being in compliance with the provisions of subsections (a) or (b) of Section 25 is equal to or greater than 15 micrograms per deciliter, it shall be presumed that the exposure to lead-based paint occurred before a person at risk began residing or regularly spending at least 24 hours per week in the affected property.

(e) Qualified offer.

(1) A qualified offer as defined in this subsection may be made to a person at risk by the owner of the affected property, an insurer of the owner, or an agent, employee, or attorney of the owner.

(2) To qualify for the protection of liability under subsection (b), a qualified offer must be made in writing and delivered by certified mail return receipt requested, within 30 days after the owner of the affected property, his or her agent, or employee receives notice of the elevated blood level referred to in subsection (d)(2).

(3) A qualified offer made under this subsection may be accepted or rejected by a person at risk, or if a person at risk is a minor, such person's parent or legal guardian. If the qualified offer is not accepted within 30 days of receipt of the qualified offer, it shall be deemed to have been rejected. By mutual agreement, the parties may extend the period for acceptance of the qualified offer.

(4) Subject to the exception in subsection (e)(5), acceptance of a qualified offer by a person at risk, or by a parent, legal guardian, or other person authorized to respond on behalf of a person at risk, discharges and releases all potential liability of the offeror, the offeror's insured or principal, and any participating co-offeror to the person at risk and to the parent or legal guardian of the person at risk for alleged injury or loss caused by the lead-based paint hazard in the affected property.

(5) No owner of an affected property, or his or her agent, employee, attorney or anyone else acting on his or her behalf shall represent to a person at risk, his or her parent or guardian, or anyone else acting on his or her behalf, that an offer of settlement in an action resulting from a lead-based paint hazard in an affected property is a qualified offer unless the affected property have been certified as lead-free under subsection (a) of Section 25 or lead-safe under subsection (b) of Section 25 and unless the offeror reasonably believes that the settlement offer satisfies all requirements of this Section. Any settlement resulting from a settlement offer purporting to be a qualified offer which does not satisfy the requirements of this Section, shall at the election of the person at risk, his or her parent or guardian, or other representative, be deemed null and void and of no legal effect. Further, misrepresentation of a settlement offer as a qualified offer when in fact the offer does not meet these requirements may subject the offeror to criminal penalties under the appropriate criminal statute for perjury and professional disciplinary codes where applicable. The statute of limitations for an action by a person at risk with an elevated blood level, his or her parent or legal guardian is tolled until the misrepresentation described in this subsection is discovered.

(6) A copy of the qualified offer shall be sent to the Director of Public Health, the Director's local designee, or the local health department. The Director of Public Health, the Director's local designee, or the local health department shall maintain a copy of the qualified offer in the case management file of the person at risk. In addition, the Director of Public Health, the Director's local designee, or the local health department also shall directly notify the person at risk, or in the case of a minor, the parent or legal guardian of the minor, of state and local resources available for lead poisoning prevention and treatment.

(7) A qualified offer shall include payment for reasonable expenses and costs incurred by the person at risk with an elevated blood level of 15 micrograms per deciliter or greater for:

(A) the relocation of the household of the person at risk to a lead-safe dwelling unit of comparable size and quality that may provide either:

(i) the permanent relocation of the household of the affected person at risk to lead-safe housing, including relocation expenses, a rent subsidy, and incidental expenses; or

(ii) the temporary relocation of the household of the affected person at risk to lead-safe housing while necessary lead hazard reduction treatments are being performed in the affected property to make that affected property lead-safe.

(B) medically necessary treatment for the affected person at risk as determined by the treating physician or other health care provider or case manager of the person at risk that is necessary to mitigate the effects of lead poisoning, as defined by the Department of Public Health by regulation, and in the case of a child, until the child reaches the age of 18; and

(C) reasonable attorney's fees, not to exceed the lesser of $2,500 or actual time spent in the investigation, preparation, and presentation of the claim multiplied by an hourly rate of $150 per hour.

(8) An offeror is required to pay reasonable expenses for the medically necessary treatments under subsection (e)(7)(B) of this Section only if coverage for these treatments is not otherwise provided by Medicaid, state medical assistance program, or by a health insurance plan under which the person at risk has coverage or in which the person at risk is enrolled. The health insurance plan shall have no right of subrogation against the party making the qualified offer.

(9) Aggregate maximum amounts payable. The amounts payable under a qualified offer made under this Section are subject to the following aggregate maximum caps:

(A) $25,000 for all medically necessary treatments as provided and limited in subsection (e)(7)(B);

(B) $10,000 for all relocation benefits as provided and limited in subsection (e)(7)(A).

All payments under a qualified offer specified in subsection (e)(7) shall be paid to the provider of the service, except that payment of incidental expenses may be paid directly to the person at risk, or in the case of a child, to the parent or legal guardian of the person at risk.

The payments under a qualified offer may not be considered income or an asset of the person at risk, the parent of a person at risk who is a child, or the legal guardian, for purposes of determining eligibility under any state or federal entitlement program.

(10) Certification of compliance. A qualified offer shall include a certification by the owner of the affected property, under the penalties of perjury, that the owner has complied with the applicable provisions of Section 25 and of this Section in a manner that qualified the owner to make a qualified offer.

(11) Offers of compromise. A qualified offer shall not be treated as an offer of compromise for purposes of admissibility in evidence, notwithstanding that the amount is not in controversy.

(12) Regulations. The Director of Public Health may adopt regulations that are necessary to carry out the provisions of this Section.

(f) Presumption of negligence in a case against non-complying property owner.

(1) An owner of an affected property, who is not in compliance with the provisions of either subsection (a) of Section 25 or subsection (b) of Section 25 during the period of residency of a person at risk, is presumed to have failed to exercise reasonable care with respect to lead-based paint hazards during that period in an action seeking damages on behalf of the person at risk for alleged injury or loss resulting from exposure to lead-based paint hazards in the affected property.

(2) The owner has the burden of rebutting this presumption by clear and convincing evidence.

(3) The plaintiff in an action against an owner of an affected property described in subsection (f)(1), in addition to recovering all other legally cognizable damages, including punitive damages where appropriate, shall be entitled to recover reasonable attorney's fees.

Section 45. Enforcement.

(a) Full enforcement of criminal violations and civil remedies. Owners of affected properties who fail to comply with the provisions of either subsection (a) of Section 25 or subsection (b) of Section 25 shall be deemed in violation of any applicable housing codes. The Office of the Illinois Attorney General and any local authorities responsible for the enforcement of housing codes shall enforce vigorously civil remedies and criminal penalties provided for by law arising out of the failure to comply with the requirements of this Act and may seek injunctive relief where appropriate.

(b) Reporting of enforcement actions. Any civil or criminal action by state or local officials to enforce the provisions of this Act shall be reported to the Director of Public Health or his or her local designee. The Director of Public Health or his or her local designee shall issue an annual report outlining specifically the enforcement actions brought pursuant to subsection (a), the identity of the owners of the affected properties, the authority bringing the enforcement action, the nature of the action, and describing the criminal penalties and civil relief.

(c) Receivership of properties not meeting standards. After the second written notice from the Director of Public Health, the Director of Public Health's local designee, or the local department of health, of violations of the provisions of this Act occurring within an affected property, or after two criminal or civil actions pursuant to subsection (a) brought by either State or local officials to enforce this Act arising out of violations occurring within an affected property, unless the violations alleged to exist are corrected, the affected property shall be considered abandoned, and the Attorney General, the Director of Public Health, or the Director of Public Health's local designee, or the local department of health, or any other officials having jurisdiction over the affected property shall have the specific power to request the court to appoint a receiver for the property. The court in such instances may specifically authorize the receiver to apply for loans, grants, and other forms of funding necessary to correct lead-based paint hazards and meet the standards for lead-safe or lead-free status, and to hold the affected property for such period of time as the funding source may require to assure that the purposes of the funding have been met. The costs of such receivership shall constitute a lien against the property that, if not discharged by the owner upon receipt of the receiver's demand for payment, shall constitute grounds for foreclosure proceedings instituted by the receiver to recover such costs.

Section 50. Private right to injunctive relief.

(a) Right to lead-free or lead-safe housing. A person at risk shall be deemed to have a right to housing which is either lead-free or lead-safe as outlined in this Act.

(b) Private right of action for injunctive relief. If an owner of an affected property fails to comply with such standards, a private right of action shall exist that allows a person at risk or the parent or legal guardian of a person at risk to seek injunctive relief from a court with jurisdiction against the owner of the affected property in the form of a court order to compel compliance with the requirements of this Act.

(c) Notice of intent to seek injunctive relief. A court shall not grant the injunctive relief requested pursuant to subsection (b), unless, at least 30 days prior to the filing requesting the injunction, the owner of the affected property has received written notice of the violation of standards contained in Section 25 and has failed to bring the affected property into compliance with the applicable standards. This notice to the owner of the affected property is satisfied when any of the following has occurred: (1) a person at risk, his or her parent or legal guardian, or attorney, has notified the owner of an affected property that the property fails to meet the requirements for either lead-free status under subsection (a) of Section 25 or lead-safe status under subsection (b) of Section 25; (2) a local or state housing authority or the Department of Public Health has notified the owner of the affected property of violations of the provisions of the Act occurring within an affected property; or (3) a criminal or civil action pursuant to subsection (a) of Section 45 has been brought by either State or local enforcement officials to enforce this Act arising out of violations occurring within an affected property.

(d) Right to recover litigation costs and attorney's fees. A person who prevails in an action under subsection (b) is entitled to an award of the costs of the litigation and to an award of reasonable attorney's fees in an amount to be fixed by the court.

(e) Accelerated hearing. Cases brought before the court under this Section shall be granted an accelerated hearing.

Section 55. Retaliatory evictions prohibited.

(a) Actions protected. An owner of an affected property may not evict or take any other retaliatory action against a person at risk or his or her parent or legal guardian in response to the actions of the person at risk, his or her parent or legal guardian in:

(1) providing information to the owner of the affected property, the Director of Public Health, or the Director of Public Health's local designee for the jurisdiction in which such property is located, local health officials, or local housing officials concerning lead-based paint hazards within an affected property or elevated blood levels of a person at risk; or

(2) enforcing any of his or her rights under this Act.

(b) A retaliatory action includes any of the following actions in which the activities protected under subsection (a) are a material factor in motivating the action:

(1) a refusal to renew a lease;

(2) a termination of a tenancy;

(3) an arbitrary rent increase or decrease in services to which the person at risk or his or her parent or legal guardian is entitled; or

(4) any form of constructive eviction.

(c) Remedies. A person at risk or his or her parent or legal guardian subject to an eviction or retaliatory action under this Section is entitled to the relief as may be provided by statute or any further relief deemed just and equitable by the court, and is eligible for reasonable attorney's fees and costs.

Section 60. Educational programs.

(a) Distribution of literature about childhood lead poisoning. Within 120 days following the effective date of this Act, the Director of Public Health, in consultation with the Lead Poisoning Prevention Commission, shall develop culturally and linguistically appropriate information pamphlets regarding childhood lead poisoning, the importance of testing for elevated blood levels, prevention of childhood lead poisoning, treatment of childhood lead poisoning, and where appropriate, the requirements of this Act. It is a requirement of this Act that the information pamphlets be distributed to parents or the other legal guardians of children 6 years of age or younger on the following occasions:

(1) by the owner of any affected property or his or her agents or employees at the time of the initiation of a rental agreement to a new tenant whose household includes a person at risk or any other woman of childbearing age. The owner of the affected property or his or her agents or employees also shall specify whether the affected property has been inspected and whether or not it complies with the standards for either lead-safe status or lead-free status;

(2) by the health care provider at the time of the child's birth and at the time of any childhood immunization or vaccine unless it is established that such information pamphlet has been provided previously to the parent or legal guardian by the health care provider within the prior 12 months; and

(3) by the owner or operator of any child care facility, pre-school, or kindergarten class on or before October 15 of the calendar year.

(b) Lead-safe housing seminars. The Director of Public Health, within 120 days following the effective date of this Act, shall establish guidelines and a trainer's manual for a Lead-Safe Housing Awareness Seminar with a total class time of 3 hours or less. Such courses shall be offered by professional associations and community organizations with a training capacity, existing accredited educational institutions, and for-profit educational providers. All such offerings proposals shall be reviewed and approved, on the criteria of seminar content and qualifications of instructors, by the Illinois Department of Public Health.

Section 65. Screening program.

(a) Screening of children. The Director of Public Health or his or her local designee shall establish a program for early identification of persons at risk with elevated blood lead levels. Such program shall systematically screen children under 6 years of age in the target populations identified in subsection (b) for the presence of elevated blood lead levels. Children within the specified target populations shall be screened with a blood lead test at ages 12 and 24 months or at ages 36 to 72 months if they have not previously been screened. The Director of Public Health shall, after consultation with recognized professional medical groups and such other sources as he or she deems appropriate, promulgate regulations establishing, (i) the means by which and the intervals at which such children under 6 years of age shall be screened for lead poisoning and elevated blood lead levels; and (ii) guidelines for the medical follow-up on children found to have elevated blood lead levels.

(b) Screening priorities. In developing screening programs to identify persons at risk with elevated blood lead levels, the Director of Public Health shall give priority to persons within the following categories:

(1) all children enrolled in Medicaid at ages 12 and 24 months or at ages 36 to 72 months if they have not previously been screened;

(2) children under the age of 6 exhibiting delayed cognitive development or other symptoms of childhood lead poisoning;

(3) persons at risk residing in the same household, or recently residing in the same household, as another person at risk with a blood lead level of 10 micrograms per deciliter or greater;

(4) persons at risk residing, or who have recently resided, in buildings or geographical areas where significant numbers of cases of lead poisoning or elevated blood lead levels have recently been reported;

(5) persons at risk residing, or who have recently resided, in affected properties contained in buildings which during the preceding 3 years have been subject to enforcement actions described in subsection (a) of Section 45, receivership actions under subsection (c) of Section 45, or where injunctive relief has been sought pursuant to Section 50;

(6) persons at risk residing, or who have recently resided, in other affected properties with the same owner as another building containing affected properties which during the preceding 3 years have been subject to enforcement actions described in subsection (a) of Section 45, receivership actions under subsection (c) of Section 45, or where injunctive relief has been sought pursuant to Section 50; and

(7) persons at risk residing in other buildings or geographical areas where the Director reasonably determines there to be a significant risk of affected individuals having a blood lead level of 10 micrograms per deciliter or greater.

(c) Director to maintain records of screenings and inform designated individuals. The Director of Public Health or his or her local designee shall maintain comprehensive records of all screenings conducted pursuant to this Section. Such records shall be indexed geographically and by owner in order to determine the location of areas of relatively high incidence of lead poisoning and other elevated blood lead levels. These comprehensive records shall be communicated to the Director of Public Health or his or her local designee on an ongoing basis. Such records, with the names of tested individuals removed for privacy purposes, shall be public records. All cases or probable cases of lead poisoning, as defined by regulation by the Director of Public Health, found in the course of screenings conducted pursuant to this Section shall be reported immediately to the affected individual, to his or her parent or legal guardian if he or she is a minor, and to the Director.