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Rep. Harry Osterman
Filed: 4/28/2008
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| AMENDMENT TO HOUSE BILL 5789
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| AMENDMENT NO. ______. Amend House Bill 5789, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Lead Poisoning Prevention Act is amended by |
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| changing Sections 2, 6, and 12 as follows:
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| (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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| Sec. 2. Definitions. As used in this Act:
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| "Abatement" means the removal or encapsulation of all |
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| leadbearing
substances in a residential building or dwelling |
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| unit.
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| "Child care facility" means any structure used by a child |
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| care
provider licensed by the Department of Children and Family |
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| Services or
public school structure frequented by children |
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| through 6 years of
age.
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| "Delegate agency" means a unit of local government or |
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| health
department approved by the Department to carry out the |
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| provisions of this Act.
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| "Department" means the Department of Public Health of the |
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| State of
Illinois.
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| "Dwelling" means any structure all or part of which is |
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| designed or
used for human habitation.
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| "High risk area" means an area in the State determined by |
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| the Department to
be high risk for lead exposure for children |
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| through 6 years of age. The
Department shall consider, but not |
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| be limited to, the following factors to
determine a high risk |
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| area: age and condition (using Department of Housing and
Urban
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| Development definitions of "slum" and "blighted") of housing, |
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| proximity to
highway traffic or heavy local traffic or both, |
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| percentage of housing
determined as rental or vacant, proximity |
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| to industry using lead, established
incidence of elevated blood |
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| lead levels in children, percentage of population
living
below |
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| 200% of federal poverty guidelines, and number of children |
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| residing in
the area who are 6 years of age or younger.
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| "Exposed surface" means any interior or exterior surface of |
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| a dwelling or
residential building.
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| "Lead abatement contractor" means any person or entity |
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| licensed by the
Department to perform lead abatement and |
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| mitigation.
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| "Lead abatement worker" means any person employed by a lead |
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| abatement
contractor and licensed by the Department to perform |
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| lead abatement and
mitigation.
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| "Lead bearing substance" means any item containing or |
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| coated with lead such that the lead content is more than |
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| six-hundredths of one percent (0.06%) lead by total weight or a |
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| lower standard for lead content as may be established by |
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| federal or State law or regulation ; or any dust on surfaces or |
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| in
furniture or other nonpermanent elements of the dwelling; or |
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| any paint or
other surface coating material containing more |
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| than five-tenths of one
percent (0.5%) lead by total weight |
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| (calculated as lead metal) in the total
non-volatile content of |
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| liquid paint; or lead bearing substances containing
greater |
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| than one milligram per square centimeter or any lower standard |
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| for
lead content in residential paint as may be established by |
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| federal law or
regulation; or more than 1 milligram per square |
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| centimeter in the dried
film of paint or previously applied |
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| substance; or item or dust on item containing lead in
excess of |
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| the amount specified in the rules and regulations authorized by
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| this Act or a lower standard for lead content as may be |
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| established by
federal law or regulation. "Lead bearing |
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| substance" does not include firearm ammunition or components as |
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| defined by the Firearm Owners Identification Card Act.
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| "Lead hazard" means a lead bearing substance that poses an
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| immediate health hazard to humans.
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| "Lead poisoning" means the condition of having blood lead |
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| levels in
excess of those considered safe under State and |
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| federal rules and regulations.
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| "Low risk area" means an area in the State determined by |
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| the Department to
be low risk for lead exposure for children |
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| through 6 years of age. The
Department shall consider the |
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| factors named in "high risk area" to determine
low risk areas.
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| "Mitigation" means the remediation, in a manner described |
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| in Section 9,
of a lead hazard so that the lead bearing |
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| substance does not pose an
immediate health hazard to humans.
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| "Owner" means any person, who alone, jointly, or severally |
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| with
others:
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| (a) Has legal title to any dwelling or residential |
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| building, with or
without accompanying actual possession |
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| of the dwelling or residential
building, or
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| (b) Has charge, care or control of the dwelling or |
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| residential
building as owner or agent of the owner, or as |
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| executor, administrator,
trustee, or guardian of the |
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| estate of the owner.
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| "Person" means any one or more natural persons, legal |
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| entities,
governmental bodies, or any combination.
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| "Residential building" means any room, group of rooms, or |
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| other
interior areas of a structure designed or used for human |
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| habitation; common
areas accessible by inhabitants; and the |
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| surrounding property or structures.
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| "Risk assessment" means a questionnaire to be developed by |
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| the Department
for use by physicians and other health care |
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| providers to determine risk factors
for children through 6 |
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| years of age residing in areas designated as low risk
for lead |
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| exposure.
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| (Source: P.A. 94-879, eff. 6-20-06.)
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| (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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| Sec. 6. Warning statement. |
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| (a) Children's products. Effective January 1, 2010, no |
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| person, firm, or corporation shall sell, have, offer for sale, |
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| or transfer toys, furniture, clothing, accessories, jewelry, |
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| decorative objects, edible items, candy, food, dietary |
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| supplements, or other articles used by or intended to be |
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| chewable by children that contain a total lead content in any |
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| component part of the item that is more than 0.004% (40 parts |
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| per million) but less than 0.06% (600 parts per million) by |
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| total weight or a lower standard for lead content as may be |
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| established by federal or State law or regulation, unless that |
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| item bears a warning statement that indicates that at least one |
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| component part of the item contains lead. |
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| The warning statement shall be as follows: "WARNING: |
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| CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE |
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| DUST CONTAINING LEAD." |
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| An entity is in compliance with this subsection (a) if the |
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| warning statement is provided on the children's product or on |
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| the label on the immediate container of the children's product. |
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| This subsection (a) does not apply to any product for which |
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| federal law governs warning in a manner that preempts State |
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| authority. |
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| (b) Other leadbearing substances. No person, firm, or |
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| corporation shall have,
offer for sale, sell, or give away any |
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| lead bearing substance that may be
used by the general public , |
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| except as otherwise provided in subsection (a) of this Section, |
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| unless it bears the warning statement as
prescribed by federal |
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| regulation. If no regulation is prescribed the
warning |
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| statement shall be as follows when the lead bearing substance |
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| is a lead-based paint or surface coating: "WARNING--CONTAINS |
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| LEAD. DRIED FILM
OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR |
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| CHEWED. MAY GENERATE DUST CONTAINING LEAD. See Other Cautions |
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| on
(Side or Back) Panel. Do not apply on toys, or other |
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| children's articles,
furniture, or interior, or exterior |
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| exposed surfaces of any residential
building or facility that |
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| may be occupied or used by children. KEEP OUT OF
THE REACH OF |
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| CHILDREN.". If no regulation is prescribed the warning |
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| statement shall be as follows when the lead bearing substance |
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| contains lead-based paint or a form of lead other than |
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| lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF |
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| EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF |
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| THE REACH OF CHILDREN.".
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| (c) (a) The generic term of a product, such as "paint" may |
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| be substituted
for the word "substance" in the above labeling.
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| (d) (b) The placement, conspicuousness, and contrast of the |
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| above labeling
shall be in accordance with 16 C.F.R. 1500.121.
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| (e) A retail entity with no role or control over the |
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| manufacture, importation, or distribution of a product covered |
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| under subsection (a) or subsection (b) of this Section and no |
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| reasonable means of knowing the lead content of a product |
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| covered under subsection (a) or subsection (b) of this Section |
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| is not responsible for compliance with those subsections. |
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| Nothing in this Section shall require a retail entity to test a |
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| product to determine lead content. |
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| (f) Subsection (b) of this Section does not apply to any |
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| component part of a consumer electronic product, including, but |
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| not limited to, personal computers, audio and video equipment, |
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| calculators, wireless phones, game consoles, and handheld |
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| devices incorporating a video screen used to access interactive |
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| software and their associated peripherals, that is not |
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| accessible to a child through normal and reasonably foreseeable |
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| use and abuse of the product. A component part is not |
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| accessible under this subsection (f) if the component part is |
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| not physically exposed by reason of a sealed covering or casing |
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| and does not become physically exposed through reasonably |
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| foreseeable use and abuse of the product. Paint, coatings, and |
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| electroplating, singularly or in any combination, are not |
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| sufficient to constitute a sealed covering or casing for |
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| purposes of this Section. |
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| (g) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 94-879, eff. 6-20-06.)
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| (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
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| Sec. 12. Violations of Act.
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| (a) Violation of any Section of this Act other than Section |
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| 6.01 or Section 7 shall be
punishable as a Class A misdemeanor. |
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| A violation of Section 6.01 shall cause the Department to issue |
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| a written warning for a first offense and shall be a petty |
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| offense for a second or subsequent offense if the violation |
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| occurs at the same location within 12 months after the first |
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| offense.
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| (b) In cases where a person is found to have mislabeled,
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| possessed, offered for sale or transfer, sold or transferred,
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| or given away lead-bearing substances, a representative of the
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| Department shall confiscate the lead-bearing substances and
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| retain the substances until they are shown to be in compliance
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| with this Act.
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| (c) In addition to any other penalty provided under this |
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| Act, the court in
an action brought under subsection (e) may |
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| impose upon any person who violates
or does not comply with a |
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| notice of deficiency and a mitigation order issued
under |
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| subsection (7) of Section 9 of this Act or who fails to comply |
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| with subsection (3) or subsection (5) of Section 9 of this Act |
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| a civil penalty not exceeding
$2,500 for each violation, plus |
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| $250 for each day that the violation continues.
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| Any civil penalties collected in a court proceeding shall |
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| be deposited into a
delegated county lead poisoning screening, |
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| prevention, and abatement fund or,
if no delegated county or |
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| lead poisoning screening, prevention, and abatement
fund |
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| exists, into the Lead Poisoning Screening, Prevention, and |
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| Abatement Fund
established under Section 7.2.
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| (c-5) In addition to any other penalty provided under this |
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| Act, the court in an action brought under subsection (e) of |
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| this Section may impose a civil penalty not exceeding $2,500 |
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| for each violation, plus $250 for each day the violation |
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| continues for any violation of Section 4, Section 5, or Section |
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| 6 of this Act.
Any penalties collected in a court proceeding |
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| shall be deposited into the Lead Poisoning Screening, |
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| Prevention, and Abatement Fund established under Section 7.2 of |
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| this Act. |
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| (d) Whenever the Department finds that an emergency exists |
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| that requires
immediate action to protect the health of |
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| children under this Act, it may,
without administrative |
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| procedure or notice, cause an action to be brought by
the |
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| Attorney General or the State's Attorney of the county in which |
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| a violation
has occurred for a temporary restraining order or a |
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| preliminary injunction to
require such action as is required to |
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| meet the emergency and protect the health
of children.
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| (e) The State's Attorney of the county in which a violation |
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| occurs or the
Attorney General may bring an action for the |
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| enforcement of this Act and the
rules adopted and orders issued |
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| under this Act, in the name of the People of
the State of |
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| Illinois, and may, in addition to other remedies provided in
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| this Act, bring an action for a temporary restraining order or |
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| preliminary
injunction as described in subsection (d) or an |
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| injunction to restrain any
actual or threatened violation or to |
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| impose or collect a civil penalty for any
violation.
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| (Source: P.A. 94-879, eff. 6-20-06.)".
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