Illinois General Assembly

Previous General Assemblies

Public Act 099-0790


 

Public Act 0790 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0790
 
SB2300 EnrolledLRB099 19022 MJP 43411 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Lead Poisoning Prevention Act is amended by
changing Section 9.1 as follows:
 
    (410 ILCS 45/9.1)  (from Ch. 111 1/2, par. 1309.1)
    Sec. 9.1. Owner's obligation to give notice. An owner of a
regulated facility who has received a mitigation notice under
Section 9 of this Act shall, before the renewal of an existing
lease agreement or before entering into a new lease agreement
or sales contract for the dwelling unit for which the
mitigation notice was issued: ,
        (1) provide the current lessee or lessees, if the lease
    is to be renewed, and prospective lessees or purchasers of
    that unit with written notice that a lead hazard has
    previously been identified in the dwelling unit, unless the
    owner has obtained a certificate of compliance for the unit
    under Section 9. An owner shall may satisfy this notice
    requirement by providing the prospective lessee or
    purchaser with a copy of the mitigation notice and
    inspection report prepared pursuant to Section 9; and .
        (2) provide the Department with written notice of the
    sale of the dwelling unit for which the mitigation notice
    was issued, including the date of the sale, and the name,
    address, telephone number, and email address of the
    prospective purchaser of the unit.
    An owner of a regulated facility who has received a
mitigation notice under Section 9 of this Act or an owner of a
regulated facility who has purchased the facility from an owner
who has received a mitigation notice under Section 9 of this
Act and who also receives notice as provided in paragraph (1)
of this Section shall, before entering into a new lease
agreement for the dwelling unit for which the mitigation notice
was issued, mitigate the lead hazard previously identified in
the regulated facility and obtain a certificate of compliance
under Section 9. For purposes of determining compliance with
this Act, the date of the mitigation notice for an owner of a
regulated facility who has purchased the facility from an owner
subject to this Section and who also receives notice as
provided for in paragraph (1) of this Section shall be deemed
to be the date of the sale as provided for in paragraph (2) of
this Section.
    Before entering into a residential lease agreement or sales
contract, all owners of regulated facilities containing
dwelling units built before 1978 shall give prospective lessees
or purchasers information on the potential health hazards posed
by lead in regulated facilities by providing prospective
lessees or purchasers with a copy of an informational brochure
prepared by the Department and shall be consistent with the
requirements set forth in 40 CFR Part 745, Subpart F.
(Source: P.A. 98-690, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect January
1, 2017.

Effective Date: 1/1/2017