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Public Act 094-0879


 

Public Act 0879 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0879
 
HB4853 Enrolled LRB094 17686 LJB 52984 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
adding Section 50-14.5 as follows:
 
    (30 ILCS 500/50-14.5 new)
    Sec. 50-14.5. Lead Poisoning Prevention Act violations.
Owners of residential buildings who have committed a willful or
knowing violation of the Lead Poisoning Prevention Act are
prohibited from doing business with the State of Illinois or
any State agency until the violation is mitigated.
 
    Section 10. The Lead Poisoning Prevention Act is amended by
changing Sections 2, 3, 4, 5, 6, 7.1, 8, and 12 and by adding
Sections 6.01, 6.3, 9.2, 9.3, 9.4, and 12.1 as follows:
 
    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
    Sec. 2. Definitions. As used in this Act:
    "Abatement" means the removal or encapsulation of all
leadbearing substances in a residential building or dwelling
unit.
    "Child care facility" means any structure used by a child
care provider licensed by the Department of Children and Family
Services or public school structure frequented by children
through 6 years of age.
    "Delegate agency" means a unit of local government or
health department approved by the Department to carry out the
provisions of this Act.
    "Department" means the Department of Public Health of the
State of Illinois.
    "Dwelling" means any structure all or part of which is
designed or used for human habitation.
    "High risk area" means an area in the State determined by
the Department to be high risk for lead exposure for children
through 6 years of age. The Department shall consider, but not
be limited to, the following factors to determine a high risk
area: age and condition (using Department of Housing and Urban
Development definitions of "slum" and "blighted") of housing,
proximity to highway traffic or heavy local traffic or both,
percentage of housing determined as rental or vacant, proximity
to industry using lead, established incidence of elevated blood
lead levels in children, percentage of population living below
200% of federal poverty guidelines, and number of children
residing in the area who are 6 years of age or younger.
    "Exposed surface" means any interior or exterior surface of
a dwelling or residential building.
    "Lead abatement contractor" means any person or entity
licensed by the Department to perform lead abatement and
mitigation.
    "Lead abatement worker" means any person employed by a lead
abatement contractor and licensed by the Department to perform
lead abatement and mitigation.
    "Lead bearing substance" means any item containing or
coated with lead such that the lead content is more than
six-hundredths of one percent (0.06%) lead by total weight; or
any dust on surfaces or in furniture or other nonpermanent
elements of the dwelling; or and any paint or other surface
coating material containing more than five-tenths of one
percent (0.5%) lead by total weight (calculated as lead metal)
in the total non-volatile content of liquid paint; , or lead
bearing substances containing greater than one milligram per
square centimeter or any lower standard for lead content in
residential paint as may be established by federal law or
regulation; or more than 1 milligram per square centimeter in
the dried film of paint or previously applied substance; or
item or dust on item object containing lead in excess of the
amount specified in the rules and regulations authorized by
this Act or a lower standard for lead content as may be
established by federal law or regulation. "Lead bearing
substance" does not include firearm ammunition or components as
defined by the Firearm Owners Identification Card Act.
    "Lead hazard" means a lead bearing substance that poses an
immediate health hazard to humans.
    "Lead poisoning" means the condition of having blood lead
levels in excess of those considered safe under State and
federal rules and regulations.
    "Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children
through 6 years of age. The Department shall consider the
factors named in "high risk area" to determine low risk areas.
    "Mitigation" means the remediation, in a manner described
in Section 9, of a lead hazard so that the lead bearing
substance does not pose an immediate health hazard to humans.
    "Owner" means any person, who alone, jointly, or severally
with others:
        (a) Has legal title to any dwelling or residential
    building, with or without accompanying actual possession
    of the dwelling or residential building, or
        (b) Has charge, care or control of the dwelling or
    residential building as owner or agent of the owner, or as
    executor, administrator, trustee, or guardian of the
    estate of the owner.
    "Person" means any one or more natural persons, legal
entities, governmental bodies, or any combination.
    "Residential building" means any room, group of rooms, or
other interior areas of a structure designed or used for human
habitation; common areas accessible by inhabitants; and the
surrounding property or structures.
    "Risk assessment" means a questionnaire to be developed by
the Department for use by physicians and other health care
providers to determine risk factors for children through 6
years of age residing in areas designated as low risk for lead
exposure.
(Source: P.A. 89-381, eff. 8-18-95.)
 
    (410 ILCS 45/3)  (from Ch. 111 1/2, par. 1303)
    Sec. 3. Lead bearing substance use. No person shall use or
apply lead bearing substances:
    (a) In or upon any exposed surface of a dwelling or
dwelling unit;
    (b) In or around the exposed surfaces of a child care
facility or other structure frequented by children;
    (c) In or upon any fixtures or other objects used,
installed, or located in or upon any exposed surface of a
dwelling or residential building, or child care facility, or
intended to be so used, installed, or located and that, in the
ordinary course of use, are accessible to or and chewable by
children;
    (d) In or upon any items, including, but not limited to,
clothing, accessories, jewelry, decorative objects, edible
items, candy, food, dietary supplements, toys, furniture, or
other articles used by or intended to be and chewable by
children;
    (e) Within or upon a residential building or dwelling,
child care facility, school, playground, park, or recreational
area, or other areas regularly frequented by children.
(Source: P.A. 87-175.)
 
    (410 ILCS 45/4)  (from Ch. 111 1/2, par. 1304)
    Sec. 4. Sale of items toys or furniture containing lead
bearing substance. No person shall sell, have, offer for sale,
or transfer toys, or furniture, clothing, accessories,
jewelry, decorative objects, edible items, candy, food,
dietary supplements, or other articles used by or intended to
be chewable by children that contains a lead bearing substance.
(Source: P.A. 87-175.)
 
    (410 ILCS 45/5)  (from Ch. 111 1/2, par. 1305)
    Sec. 5. Sale of objects containing lead bearing substance.
No person shall sell or transfer or offer for sale or transfer
any fixtures or other objects intended to be used, installed,
or located in or upon any surface of a dwelling or residential
building, or child care facility, that contains a lead bearing
substance and that, in the ordinary course of use, are
accessible to or and chewable by children.
(Source: P.A. 87-175.)
 
    (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)
    Sec. 6. Warning statement. No person, firm, or corporation
shall have, offer for sale, sell, or give away any lead bearing
substance that may be used by the general public unless it
bears the warning statement as prescribed by federal
regulation. If no regulation is prescribed the warning
statement shall be as follows when the lead bearing substance
is a lead-based paint or surface coating: "WARNING--CONTAINS
LEAD. DRIED FILM OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR
CHEWED. See Other Cautions on (Side or Back) Panel. Do not
apply on toys, or other children's articles, furniture, or
interior, or exterior exposed surfaces of any residential
building or facility that may be occupied or used by children.
KEEP OUT OF THE REACH OF CHILDREN.". If no regulation is
prescribed the warning statement shall be as follows when the
lead bearing substance contains lead-based paint or a form of
lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY
BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING
LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
    (a) The generic term of a product, such as "paint" may be
substituted for the word "substance" in the above labeling.
    (b) The placement, conspicuousness, and contrast of the
above labeling shall be in accordance with 16 C.F.R. 1500.121
Section 191.101 of the regulations promulgated under the
provisions of the Federal Hazardous Substances Act.
(Source: P.A. 87-175.)
 
    (410 ILCS 45/6.01 new)
    Sec. 6.01. Warning statement where supplies sold.
    (a) Any retailer, store, or commercial establishment that
offers paint or other supplies intended for the removal of
paint shall display, in a prominent and easily visible
location, a poster containing, at a minimum, the following:
        (1) a statement that dry sanding and dry scraping of
    paint in dwellings built before 1978 is dangerous;
        (2) a statement that the improper removal of old paint
    is a significant source of lead dust and the primary cause
    of lead poisoning; and
        (3) contact information where consumers can obtain
    more information.
    (b) The Department shall provide sample posters and
brochures that commercial establishments may use. The
Department shall make these posters and brochures available in
hard copy and via download from the Department's Internet
website.
    (c) A commercial establishment shall be deemed to be in
compliance with this Section if the commercial establishment
displays lead poisoning prevention posters or provides
brochures to its customers that meet the minimum requirements
of this Section but come from a source other than the
Department.
 
    (410 ILCS 45/6.3 new)
    Sec. 6.3. Information provided by the Department of
Healthcare and Family Services.
    (a) The Director of Healthcare and Family Services shall
provide, upon request of the Director of Public Health, an
electronic record of all children less than 7 years of age who
receive Medicaid, Kidcare, or other health care benefits from
the Department of Healthcare and Family Services. The records
shall include a history of claims filed for each child and the
health care provider who rendered the services. On at least an
annual basis, the Director of Public Health shall match the
records provided by the Department of Healthcare and Family
Services with the records of children receiving lead tests, as
reported to the Department under Section 7 of this Act.
    (b) The Director shall prepare a report documenting the
frequency of lead testing and elevated blood and lead levels
among children receiving benefits from the Department of
Healthcare and Family Services. On at least an annual basis,
the Director shall prepare and deliver a report to each health
care provider who has rendered services to children receiving
benefits from the Department of Healthcare and Family Services.
The report shall contain the aggregate number of children
receiving benefits from the Department of Healthcare and Family
Services to whom the provider has provided services, the number
and percentage of children tested for lead poisoning, and the
number and percentage of children having an elevated lead
level. The Department of Public Health may exclude health care
providers who provide specialized or emergency medical care and
who are unlikely to be the primary medical care provider for a
child. Upon the request of a provider, the Department of Public
Health may generate a list of individual patients treated by
that provider according to the claims records and the patients'
lead test results.
 
    (410 ILCS 45/7.1)  (from Ch. 111 1/2, par. 1307.1)
    Sec. 7.1. Child care facilities must require lead blood
level screening for admission. By January 1, 1993, each day
care center, day care home, preschool, nursery school,
kindergarten, or other child care facility, licensed or
approved by the State, including such programs operated by a
public school district, shall include a requirement that each
parent or legal guardian of a child between the ages of 6
months through 6 years provide a statement from a physician or
health care provider that the child has been risk assessed, as
provided in Section 6.2, if the child resides in an area
defined as low risk by the Department, or screened for lead
poisoning as provided for in Section 6.2, if the child resides
in an area defined as high risk. This statement shall be
provided prior to admission and subsequently in conjunction
with required physical examinations.
    Nothing in this Section shall be construed to require any
child to undergo a lead blood level screening or test whose
parent or guardian objects on the grounds that the screening or
test conflicts with his or her religious beliefs.
    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. Pamphlets shall be produced and made
available by the Department and shall be downloadable from the
Department's Internet website. The Department of Human
Services and the Department of Public Health shall assist in
the distribution of the pamphlet.
(Source: P.A. 89-381, eff. 8-18-95.)
 
    (410 ILCS 45/8)  (from Ch. 111 1/2, par. 1308)
    Sec. 8. Inspection of buildings occupied by a person
screening positive. A representative of the Department, or
delegate agency, may, after notification that an occupant of
the dwelling unit in question is found to have a blood lead
value of the value set forth in Section 7, upon presentation of
the appropriate credentials to the owner, occupant, or his
representative, inspect dwelling or dwelling units, at
reasonable times, for the purposes of ascertaining that all
surfaces accessible to children are intact and in good repair,
and for purposes of ascertaining the existence of lead bearing
substances. Such representative of the Department, or delegate
agency, may remove samples or objects necessary for laboratory
analysis, in the determination of the presence of lead-bearing
substances in the designated dwelling or dwelling unit.
    If a building is occupied by a child of less than 3 years
of age screening positive, the Department, in addition to all
other requirements of this Section, must inspect the dwelling
unit and common place area of the child screening positive.
    Following the inspection, the Department or its delegate
agency shall:
    (1) Prepare an inspection report which shall:
        (A) State the address of the dwelling unit.
        (B) Describe the scope of the inspection, the
    inspection procedures used, and the method of ascertaining
    the existence of a lead bearing substance in the dwelling
    unit.
        (C) State whether any lead bearing substances were
    found in the dwelling unit.
        (D) Describe the nature, extent, and location of any
    lead bearing substance that is found.
        (E) State either that a lead hazard does exist or that
    a lead hazard does not exist. If a lead hazard does exist,
    the report shall describe the source, nature and location
    of the lead hazard. The existence of intact lead paint does
    not alone constitute a lead hazard for the purposes of this
    Section.
        (F) Give the name of the person who conducted the
    inspection and the person to contact for further
    information regarding the inspection and the requirements
    of this Act.
    (2) Mail or otherwise provide a copy of the inspection
report to the property owner and to the occupants of the
dwelling unit. If a lead bearing substance is found, at the
time of providing a copy of the inspection report, the
Department or its delegate agency shall attach an informational
brochure.
(Source: P.A. 87-175; 87-1144.)
 
    (410 ILCS 45/9.2 new)
    Sec. 9.2. Multiple mitigation notices. 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. All lead hazards must be
mitigated in a reasonable time frame, as determined by rules
adopted by the Department. In determining the time frame for
completion of mitigation of hazards identified under this
Section, the Department shall consider, in addition to the
considerations in subsection (6) of Section 9 of this Act, the
owner's financial ability to complete the mitigation.
 
    (410 ILCS 45/9.3 new)
    Sec. 9.3. Financial assistance for mitigation. Whenever a
mitigation notice is issued pursuant to Section 9 or Section
9.2 of this Act, the Department shall make the owner aware of
any financial assistance programs that may be available for
lead mitigation through the federal, State, or local government
or a not-for-profit organization.
 
    (410 ILCS 45/9.4 new)
    Sec. 9.4. Owner's obligation to post notice. The owner of a
dwelling unit or residential building who has received a
mitigation notice under Section 9 of this Act shall post
notices in common areas of the building specifying the
identified lead hazards. The posted notices, drafted by the
Department and sent to the property owner with the notification
of lead hazards, shall indicate the following:
        (1) that a unit or units in the building have been
    found to have lead hazards;
        (2) that other units in the building may have lead
    hazards;
        (3) that the Department recommends that children 6
    years of age or younger receive a blood lead screening;
        (4) where to seek further information; and
        (5) whether mitigation notices have been issued for 2
    or more dwelling units within a 5-year period of time.
    Once the owner has complied with a mitigation notice or
mitigation order issued by the Department, the owner may remove
the notices posted pursuant to this Section.
 
    (410 ILCS 45/12)  (from Ch. 111 1/2, par. 1312)
    Sec. 12. Violations of Act.
    (a) Violation of any Section of this Act other than Section
6.01 or Section 7 shall be punishable as a Class A misdemeanor.
A violation of Section 6.01 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.
    (b) In cases where a person is found to have mislabeled,
possessed, offered for sale or transfer, sold or transferred,
or given away lead-bearing substances, a representative of the
Department shall confiscate the lead-bearing substances and
retain the substances until they are shown to be in compliance
with this Act.
    (c) In addition to any other penalty provided under this
Act, the court in an action brought under subsection (e) may
impose upon any person who violates or does not comply with a
notice of deficiency and a mitigation order issued under
subsection (7) of Section 9 of this Act or who fails to comply
with subsection (3) or subsection (5) of Section 9 of this Act
a civil penalty not exceeding $2,500 for each violation, plus
$250 for each day that the violation continues.
    Any civil penalties collected in a court proceeding shall
be deposited into a delegated county lead poisoning screening,
prevention, and abatement fund or, if no delegated county or
lead poisoning screening, prevention, and abatement fund
exists, into the Lead Poisoning Screening, Prevention, and
Abatement Fund established under Section 7.2.
    (d) Whenever the Department finds that an emergency exists
that requires immediate action to protect the health of
children under this Act, it may, without administrative
procedure or notice, cause an action to be brought by the
Attorney General or the State's Attorney of the county in which
a violation has occurred for a temporary restraining order or a
preliminary injunction to require such action as is required to
meet the emergency and protect the health of children.
    (e) The State's Attorney of the county in which a violation
occurs or the Attorney General may bring an action for the
enforcement of this Act and the rules adopted and orders issued
under this Act, in the name of the People of the State of
Illinois, and may, in addition to other remedies provided in
this Act, bring an action for a temporary restraining order or
preliminary injunction as described in subsection (d) or an
injunction to restrain any actual or threatened violation or to
impose or collect a civil penalty for any violation.
(Source: P.A. 92-447, eff. 8-21-01.)
 
    (410 ILCS 45/12.1 new)
    Sec. 12.1. Attorney General and State's Attorney report to
General Assembly. The Attorney General and State's Attorney
offices shall report to the General Assembly annually the
number of lead poisoning cases that have been referred by the
Department for enforcement due to violations of this Act or for
failure to comply with a notice of deficiency and mitigation
order issued pursuant to subsection (7) of Section 9 of this
Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/20/2006