Illinois General Assembly - Bill Status for HB4853

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.

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.

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.

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