HB3598 97TH GENERAL ASSEMBLY

LRB097 08063 RPM 48186 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3598

Introduced 2/24/2011, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

410 ILCS 45/9.1

from Ch. 111 1/2, par. 1309.1

Amends the Lead Poisoning Prevention Act in the provision concerning owner's obligation to give notice. Provides that before entering into an agreement for the sale of a residential building or dwelling unit built before 1978, all owners shall provide prospective purchasers with certain information concerning (i) potential health hazards posed by lead in residential dwellings and (ii) disclosure to the purchaser concerning the presence of any known lead-based paint or any known lead-based paint hazards. Makes other changes. Effective immediately.

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 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 dwelling unit or residential building who has received a mitigation notice under Section 9 of this Act shall, before entering into a lease agreement for the dwelling unit for which the mitigation notice was issued, provide prospective lessees 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 may satisfy this notice requirement by providing the prospective lessee with a copy of the inspection report prepared pursuant to Section 9.

Before entering into a residential lease agreement, all owners of residential buildings or dwelling units built before 1978 shall give prospective lessees information on the potential health hazards posed by lead in residential dwellings by providing the prospective lessee with a copy of an informational brochure prepared by the Department. Within one year of the effective date of this amendatory Act of 1992, owners of residential buildings or dwelling units built before 1978 shall provide current lessees with such brochure.

Before entering into an agreement for the sale of a residential building or dwelling unit built before 1978, all owners shall provide prospective purchasers with the following information:

(i) information on the potential health hazards posed by lead in residential dwellings by providing the potential purchaser with a copy of an informational brochure prepared by the Department; and

(ii) disclosure to the purchaser concerning the presence of any known lead-based paint or any known lead-based paint hazards in the residential building or dwelling unit and provide to the purchaser any lead hazard evaluation reports or records available to the seller.

Every contract for the purchase of any residential building or dwelling unit built before 1978 shall include a statement signed by the purchaser that the purchaser has (1) received the lead hazard information brochure and (2) received either information on known lead-based paint or lead hazards or a written statement from the seller that the seller is not aware of the presence of any known lead-based paint or any known lead-based paint hazards in the housing.

(Source: P.A. 87-1144.)

Section 99. Effective date. This Act takes effect upon becoming law.