Full Text of HB5410 98th General Assembly
HB5410 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5410 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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Amends the Lead Poisoning Prevention Act. Adds to the definitions and makes changes to current definitions. Replaces references of "residential buildings" and "dwelling units" with those of "regulated facilities". Requires certain health care providers to report to the Department of Health when the provider has verified information of the existence of a blood lead test result for any child or pregnant person and prohibits the Department from disclosing information concerning any person with a blood lead level in excess of the permissible limits. Authorizes the Department to issue an order requiring that action be taken as the Department may deem necessary whenever it finds that a situation exists that requires immediate action to protect the public health. Prohibits persons from acting as lead abatement contractors, supervisors, and workers unless licensed accordingly by the Department in accordance with the Act. Sets forth criminal sanctions and civil penalties for violations of the Act. Sets forth provisions concerning hearings. Deletes provisions concerning multiple mitigation notices, financial assistance for mitigation, administrative action, and violations of the Act. Makes other changes.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lead Poisoning Prevention Act is amended by | 5 | | changing Sections 2, 3, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1, 7.2, | 6 | | 8, 8.1, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14 and by | 7 | | adding Sections 8.3 and 12.2 as follows:
| 8 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| 9 | | Sec. 2. Definitions. As used in this Act:
| 10 | | "Abatement" means the removal or encapsulation of all | 11 | | leadbearing
substances in a residential building or dwelling | 12 | | unit.
| 13 | | "Child care facility" means any structure used by a child | 14 | | care
provider licensed by the Department of Children and Family | 15 | | Services or
public school structure frequented by children | 16 | | through 6 years of
age or younger .
| 17 | | "Childhood Lead Risk Questionnaire" means the | 18 | | questionnaire developed by the Department for use by physicians | 19 | | and other health care providers to determine risk factors for | 20 | | children 6 years of age or younger residing in areas designated | 21 | | as low risk for lead exposure. | 22 | | "Child-occupied facility" means a structure or portion of a | 23 | | structure constructed prior to 1978 and visited regularly by |
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| 1 | | children 6 years of age or younger. | 2 | | "Delegate agency" means a unit of local government or | 3 | | health
department approved by the Department to carry out the | 4 | | provisions of this Act.
| 5 | | "Department" means the Department of Public Health of the | 6 | | State of
Illinois .
| 7 | | "Director" means the Director of Public Health. | 8 | | "Dwelling" means any structure all or part of which is | 9 | | designed or
used for human habitation.
| 10 | | "Elevated blood lead level" means a blood lead level in | 11 | | excess of those considered safe under State and federal rules. | 12 | | "High risk area" means an area in the State determined by | 13 | | the Department to
be high risk for lead exposure for children | 14 | | through 6 years of age or younger . The
Department shall | 15 | | consider, but not be limited to, the following factors to
| 16 | | determine a high risk area: age and condition (using Department | 17 | | of Housing and
Urban
Development definitions of "slum" and | 18 | | "blighted") of housing, proximity to
highway traffic or heavy | 19 | | local traffic or both, percentage of housing
determined as | 20 | | rental or vacant, proximity to industry using lead, established
| 21 | | incidence of elevated blood lead levels in children, percentage | 22 | | of population
living
below 200% of federal poverty guidelines, | 23 | | and number of children residing in
the area who are 6 years of | 24 | | age or younger.
| 25 | | "Exposed surface" means any interior or exterior surface of | 26 | | a regulated facility dwelling or
residential building .
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| 1 | | "Lead abatement" means any approved work practices that | 2 | | will permanently eliminate lead exposure or remove the | 3 | | lead-bearing substances in a regulated facility. The | 4 | | Department shall establish by rule which work practices are | 5 | | approved or prohibited for lead abatement. | 6 | | "Lead abatement contractor" means any person or entity | 7 | | licensed by the
Department to perform lead abatement and | 8 | | mitigation.
| 9 | | "Lead abatement supervisor" means any person employed by a | 10 | | lead abatement contractor and licensed by the Department to | 11 | | perform lead abatement and lead mitigation and to supervise | 12 | | lead workers who perform lead abatement and lead mitigation. | 13 | | "Lead abatement worker" means any person employed by a lead | 14 | | abatement
contractor and licensed by the Department to perform | 15 | | lead abatement and
mitigation.
| 16 | | "Lead activities" means the conduct of any lead services, | 17 | | including renovation, lead inspection, lead risk assessment, | 18 | | lead mitigation, or lead abatement work or supervision in a | 19 | | regulated facility. | 20 | | "Lead bearing substance" means any item containing or | 21 | | coated with lead such that the lead content is more than | 22 | | six-hundredths of one percent (0.06%) lead by total weight; or | 23 | | any dust on surfaces or in
furniture or other nonpermanent | 24 | | elements of the regulated facility dwelling ; or any paint or
| 25 | | other surface coating material containing more than | 26 | | five-tenths of one
percent (0.5%) lead by total weight |
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| 1 | | (calculated as lead metal) in the total
non-volatile content of | 2 | | liquid paint; or lead bearing substances containing
greater | 3 | | than one milligram per square centimeter or any lower standard | 4 | | for
lead content in residential paint as may be established by | 5 | | federal law or rule
regulation ; or more than 1 milligram per | 6 | | square centimeter in the dried
film of paint or previously | 7 | | applied substance; or item or dust on item containing lead in
| 8 | | excess of the amount specified in the rules and regulations | 9 | | authorized by
this Act or a lower standard for lead content as | 10 | | may be established by
federal law or rule regulation . "Lead | 11 | | bearing substance" does not include firearm ammunition or | 12 | | components as defined by the Firearm Owners Identification Card | 13 | | Act.
| 14 | | "Lead hazard" means a lead bearing substance that poses an
| 15 | | immediate health hazard to humans.
| 16 | | "Lead hazard screen" means a lead risk assessment that | 17 | | involves limited dust and paint sampling for lead bearing | 18 | | substances and lead hazards. This service is used as a | 19 | | screening tool designed to determine if further lead | 20 | | investigative services are required for the regulated | 21 | | facility. | 22 | | "Lead inspection" means a surface-by-surface investigation | 23 | | to determine the presence of lead-based paint. | 24 | | "Lead inspector" means an individual who has been trained | 25 | | by a Department-approved training program and is licensed by | 26 | | the Department to conduct lead inspections; to sample for the |
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| 1 | | presence of lead in paint, dust, soil, and water; and to | 2 | | conduct compliance investigations. | 3 | | "Lead poisoning" means the condition of having blood lead | 4 | | levels in
excess of those considered safe under State and | 5 | | federal rules and regulations .
| 6 | | "Low risk area" means an area in the State determined by | 7 | | the Department to
be low risk for lead exposure for children | 8 | | through 6 years of age or younger . The
Department shall | 9 | | consider the factors named in "high risk area" to determine
low | 10 | | risk areas.
| 11 | | "Lead risk assessor" means an individual who has been | 12 | | trained by a Department-approved training program and is | 13 | | licensed by the Department to conduct lead risk assessments, | 14 | | lead inspections, and lead hazard screens; to sample for the | 15 | | presence of lead in paint, dust, soil, water, and sources for | 16 | | lead bearing substances; and to conduct compliance | 17 | | investigations. | 18 | | "Lead risk assessment" means an on-site investigation to | 19 | | determine the existence, nature, severity, and location of lead | 20 | | hazards. "Lead risk assessment" includes any lead sampling and | 21 | | visual assessment associated with conducting a lead risk | 22 | | assessment and lead hazard screen and all lead sampling | 23 | | associated with compliance investigations. | 24 | | "Lead training program provider" means any person | 25 | | providing lead training in Illinois to individuals seeking | 26 | | licensure in accordance with the Act. |
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| 1 | | "Lead mitigation" "Mitigation" means the remediation, in a | 2 | | manner described in Section 9,
of a lead hazard so that the | 3 | | lead bearing substance does not pose an
immediate health hazard | 4 | | to humans.
| 5 | | "Owner" means any person, who alone, jointly, or severally | 6 | | with
others:
| 7 | | (a) Has legal title to any regulated facility dwelling | 8 | | or residential building , with or
without accompanying | 9 | | actual possession of the regulated facility dwelling or | 10 | | residential
building , or
| 11 | | (b) Has charge, care , or control of the regulated | 12 | | facility dwelling or residential
building as owner or agent | 13 | | of the owner, or as executor, administrator,
trustee, or | 14 | | guardian of the estate of the owner.
| 15 | | "Person" means any individual, partnership, firm, company, | 16 | | limited liability company, corporation, association, joint | 17 | | stock company, trust, estate, political subdivision, State | 18 | | agency, or any other legal entity, or their legal | 19 | | representative, agent, or assign one or more natural persons, | 20 | | legal entities,
governmental bodies, or any combination .
| 21 | | "Regulated facility" means a residential building, child | 22 | | care facility, or child-occupied facility. | 23 | | "Residential building" means any room, group of rooms, or | 24 | | other
interior areas of a structure designed or used for human | 25 | | habitation; common
areas accessible by inhabitants; and the | 26 | | surrounding property or structures.
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| 1 | | "Risk assessment" means a questionnaire to be developed by | 2 | | the Department
for use by physicians and other health care | 3 | | providers to determine risk factors
for children through 6 | 4 | | years of age residing in areas designated as low risk
for lead | 5 | | exposure.
| 6 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 7 | | (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
| 8 | | Sec. 3. Lead bearing substance use. No person shall use or | 9 | | apply
lead bearing substances:
| 10 | | (a) In or upon any exposed surface of a regulated facility | 11 | | dwelling or dwelling unit ;
| 12 | | (b) (Blank) In or around the exposed surfaces of a child | 13 | | care facility or
other structure frequented by children ;
| 14 | | (c) In or upon any fixtures or other objects used, | 15 | | installed, or located
in or upon any exposed surface of a | 16 | | regulated facility dwelling or residential building,
or child | 17 | | care facility , or intended
to be so used, installed, or located | 18 | | and that, in the ordinary course of
use, are accessible to or | 19 | | chewable by children;
| 20 | | (d) In or upon any items, including, but not limited to, | 21 | | clothing, accessories, jewelry, decorative objects, edible | 22 | | items, candy, food, dietary supplements, toys, furniture, or | 23 | | other articles used by or intended to be
chewable by children;
| 24 | | (e) Within or upon a regulated facility residential | 25 | | building or dwelling, child care
facility, school , playground, |
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| 1 | | park, or recreational
area, or other areas regularly frequented | 2 | | by children.
| 3 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 4 | | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
| 5 | | Sec. 5. Sale of objects containing lead bearing substance. | 6 | | No person
shall sell or transfer or offer for sale or transfer | 7 | | any fixtures or other
objects intended to be used, installed, | 8 | | or located in or upon any surface
of a regulated facility | 9 | | dwelling or residential building, or child care facility , that
| 10 | | contains a lead bearing substance and that, in the ordinary | 11 | | course of use,
are accessible to or chewable by children.
| 12 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 13 | | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
| 14 | | Sec. 6. Warning statement. | 15 | | (a) Definitions. As used in this Section: | 16 | | "Body piercing jewelry" means any part of jewelry that is
| 17 | | manufactured or sold for placement in a new piercing or a | 18 | | mucous
membrane, but does not include any part of that jewelry | 19 | | that is not
placed within a new piercing or a mucous membrane. | 20 | | "Children's jewelry" means jewelry that is made for, | 21 | | marketed for use by, or marketed to children under the age of | 22 | | 12 and includes jewelry that meets any of the following | 23 | | conditions: | 24 | | (1) represented in its packaging, display, or |
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| 1 | | advertising as appropriate for use by children under the | 2 | | age of 12; | 3 | | (2) sold in conjunction with, attached to, or packaged | 4 | | together with other products that are packaged, displayed, | 5 | | or advertised as appropriate for use by children under the | 6 | | age of 12; | 7 | | (3) sized for children and not intended for use by | 8 | | adults; or | 9 | | (4) sold in any of the following places: a vending | 10 | | machine; a retail store, catalogue, or online Web site in | 11 | | which a person exclusively offers for sale products that | 12 | | are packaged, displayed, or advertised as appropriate for | 13 | | use by children; or a discrete portion of a retail store, | 14 | | catalogue, or online Web site in which a person offers for | 15 | | sale products that are packaged, displayed or advertised as | 16 | | appropriate for use by children. | 17 | | "Child care article" means an item that is designed or | 18 | | intended by the manufacturer to facilitate the sleep, | 19 | | relaxation, or feeding of children under the age of 6 years of | 20 | | age or younger or to help with children under the age of 6 | 21 | | years of age or younger who are sucking or teething. An item | 22 | | meets this definition if it is (i) designed or intended to be | 23 | | used directly in the mouth by the child or (ii) is used to | 24 | | facilitate sleep, relaxation, or feeding of children under the | 25 | | age of 6 years of age or younger or help with children under | 26 | | the age of 6 years of age or younger who are sucking or |
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| 1 | | teething and, because of its proximity to the child, is likely | 2 | | to be mouthed, chewed, sucked, or licked. | 3 | | "Jewelry" means any of the following ornaments worn by a | 4 | | person: | 5 | | (A) Ankle bracelet. | 6 | | (B) Arm cuff. | 7 | | (C) Bracelet. | 8 | | (D) Brooch. | 9 | | (E) Chain. | 10 | | (F) Crown. | 11 | | (G) Cuff link. | 12 | | (H) Hair accessory. | 13 | | (I) Earring. | 14 | | (J) Necklace. | 15 | | (K) Decorative pin. | 16 | | (L) Ring. | 17 | | (M) Body piercing jewelry. | 18 | | (N) Jewelry placed in the mouth for display or | 19 | | ornament. | 20 | | (O) Any charm, bead, chain, link, pendant, or other | 21 | | component of the items listed in this definition. | 22 | | (P) A charm, bead, chain, link, pendant, or other | 23 | | attachment to
shoes or clothing that can be removed and may | 24 | | be used as a component
of an item listed in this | 25 | | definition. | 26 | | (Q) A watch in which a timepiece is a component of an |
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| 1 | | item
listed in this definition, excluding the timepiece | 2 | | itself if the
timepiece can be removed from the ornament. | 3 | | "Toy containing paint" means a toy with an accessible | 4 | | component containing any external coating, including, but not | 5 | | limited to, paint, ink, lacquer, or screen printing, designed | 6 | | for or intended for use by children under the age of 12 at | 7 | | play. For the purposes of this Section, "toy" is any object | 8 | | designed, manufactured, or marketed as a plaything for children | 9 | | under the age of 12 and is excluded from the definitions of | 10 | | "child care article" and "jewelry". In determining whether a | 11 | | toy containing paint is designed for or intended for use by | 12 | | children under the age of 12, the following factors shall be | 13 | | considered: | 14 | | (i) a statement by a manufacturer about the intended | 15 | | use of the product, including a label on the product, if | 16 | | such statement is reasonable; | 17 | | (ii) whether the product is represented in its | 18 | | packaging, display, promotion, or advertising as | 19 | | appropriate for children under the age of 12; and | 20 | | (iii) whether the product is commonly recognized by | 21 | | consumers as being intended for use by a child under the | 22 | | age of 12. | 23 | | (b) Children's products. Effective January 1, 2010, no | 24 | | person, firm, or corporation shall sell, have, offer for sale, | 25 | | or transfer the items listed in this Section that contain a | 26 | | total lead content in any component part of the item that is |
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| 1 | | more than 0.004% (40 parts per million) but less than 0.06% | 2 | | (600 parts per million) by total weight or a lower standard for | 3 | | lead content as may be established by federal or State law or | 4 | | rule regulation unless that item bears a warning statement that | 5 | | indicates that at least one component part of the item contains | 6 | | lead. | 7 | | The warning statement for items covered under this | 8 | | subsection (b) shall contain at least the following: "WARNING: | 9 | | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH | 10 | | FEDERAL STANDARDS.". | 11 | | An entity is in compliance with this subsection (b) if the | 12 | | warning statement is provided on the children's product or on | 13 | | the label on the immediate container of the children's product.
| 14 | | This subsection (b) does not apply to any product for which | 15 | | federal law governs warning in a manner that preempts State | 16 | | authority. | 17 | | The warning statement required under this subsection (b) is | 18 | | not required if the component parts of the item containing lead | 19 | | are inaccessible to a child through normal and reasonably | 20 | | foreseeable use and abuse as defined by the United States | 21 | | Consumer Product Safety Commission. | 22 | | The warning statement required under this subsection (b) is | 23 | | not required if the component parts in question are exempt from | 24 | | third-party testing as determined by the United States Consumer | 25 | | Product Safety Commission. | 26 | | (c) Other lead bearing substance. No person, firm, or |
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| 1 | | corporation shall have,
offer for sale, sell, or give away any | 2 | | lead bearing substance that may be
used by the general public, | 3 | | except as otherwise provided in subsection (b) of this Section, | 4 | | unless it bears the warning statement as
prescribed by federal | 5 | | rule regulation . (i) If no rule regulation is prescribed , the
| 6 | | warning statement shall be as follows when the lead bearing | 7 | | substance is a lead-based paint or surface coating: | 8 | | "WARNING--CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See | 9 | | Other Cautions on
(Side or Back) Panel. Do not apply on toys, | 10 | | or other children's articles,
furniture, or interior, or | 11 | | exterior exposed surfaces of any residential
building or | 12 | | facility that may be occupied or used by children. KEEP OUT OF
| 13 | | THE REACH OF CHILDREN.". (ii) If no rule regulation is | 14 | | prescribed , the warning statement shall be as follows when the | 15 | | lead bearing substance contains lead-based paint or a form of | 16 | | lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY | 17 | | BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING | 18 | | LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
| 19 | | For the purposes of this subsection (c), the generic term | 20 | | of a product, such as "paint" may be substituted
for the word | 21 | | "substance" in the above labeling.
| 22 | | (d) The warning statements on items covered in subsections | 23 | | (a), (b), and (c) of this Section shall be in accordance with, | 24 | | or substantially similar to, the following: | 25 | | (1) the statement shall be located in a prominent place | 26 | | on the item or package such that consumers are likely to |
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| 1 | | see the statement when it is examined under retail | 2 | | conditions; | 3 | | (2) the statement shall be conspicuous and not obscured | 4 | | by other written matter; | 5 | | (3) the statement shall be legible; and | 6 | | (4) the statement shall contrast with the typography, | 7 | | layout and color of the other printed matter. | 8 | | Compliance with 16 C.F.R. 1500.121 adopted under the | 9 | | Federal Hazardous Substances Act constitutes compliance with | 10 | | this subsection (d). | 11 | | (e) The manufacturer or importer of record shall be | 12 | | responsible for compliance with this Section. | 13 | | (f) Subsection (c) of this Section does not apply to any | 14 | | component part of a consumer electronic product, including, but | 15 | | not limited to, personal computers, audio and video equipment, | 16 | | calculators, wireless phones, game consoles, and handheld | 17 | | devices incorporating a video screen used to access interactive | 18 | | software and their associated peripherals, that is not | 19 | | accessible to a child through normal and reasonably foreseeable | 20 | | use of the product. A component part is not accessible under | 21 | | this subsection (f) if the component part is not physically | 22 | | exposed by reason of a sealed covering or casing and does not | 23 | | become physically exposed through reasonably foreseeable use | 24 | | and abuse of the product. Paint, coatings, and electroplating, | 25 | | singularly or in any combination, are not sufficient to | 26 | | constitute a sealed covering or casing for purposes of this |
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| 1 | | Section. Coatings and electroplating are sufficient to | 2 | | constitute a sealed covering for connectors, power cords, USB | 3 | | cables, or other similar devices or components used in consumer | 4 | | electronics products.
| 5 | | (Source: P.A. 97-612, eff. 1-1-12.)
| 6 | | (410 ILCS 45/6.01)
| 7 | | Sec. 6.01. Warning statement where supplies sold. | 8 | | (a) Any retailer, store, or commercial establishment that | 9 | | offers paint or other supplies intended for the removal of | 10 | | paint shall display, in a prominent and easily visible | 11 | | location, a poster containing, at a minimum, the following: | 12 | | (1) a statement that dry sanding and dry scraping of | 13 | | paint in regulated facilities dwellings built before 1978 | 14 | | is dangerous; | 15 | | (2) a statement that the improper removal of old paint | 16 | | is a significant source of lead dust and the primary cause | 17 | | of lead poisoning; and | 18 | | (3) contact information where consumers can obtain | 19 | | more information. | 20 | | (b) The Department shall provide sample posters and | 21 | | brochures that commercial establishments may use. The | 22 | | Department shall make these posters and brochures available in | 23 | | hard copy and via download from the Department's Internet | 24 | | website. | 25 | | (c) A commercial establishment shall be deemed to be in |
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| 1 | | compliance with this Section if the commercial establishment | 2 | | displays lead poisoning prevention posters or provides | 3 | | brochures to its customers that meet the minimum requirements | 4 | | of this Section but come from a source other than the | 5 | | Department.
| 6 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 7 | | (410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
| 8 | | Sec. 6.1. Removal of leaded soil. The Department shall, in | 9 | | consultation
with the Illinois Environmental Protection Agency | 10 | | IEPA , specify safety guidelines for workers undertaking | 11 | | removal or
covering of leaded soil. Soil inspection | 12 | | requirements shall apply to
inspection of regulated | 13 | | residential buildings or child care facilities subject to the
| 14 | | requirements of this Section.
| 15 | | (Source: P.A. 87-175.)
| 16 | | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| 17 | | Sec. 6.2. Physicians to screen children.
| 18 | | (a) Any Every physician licensed to practice medicine in | 19 | | all its branches or health care provider who sees or treats or
| 20 | | health care provider shall screen children 6 months through 6 | 21 | | years
of age or younger shall screen those children for
lead | 22 | | poisoning when those children who are determined to reside in | 23 | | an area defined as high risk
by the Department. Children | 24 | | residing in areas defined as low risk by the
Department shall |
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| 1 | | be assessed for risk by the Childhood Lead Risk Questionnaire a | 2 | | risk assessment procedure developed
by the Department. | 3 | | Children shall be screened, in accordance with guidelines
and | 4 | | criteria set forth by the
American Academy of Pediatrics, at | 5 | | the priority intervals and using the
methods specified in the | 6 | | guidelines.
| 7 | | (b) Each licensed, registered, or approved health care | 8 | | facility serving
children from 6 months through 6 years of age | 9 | | or younger , including but not
limited to,
health departments, | 10 | | hospitals, clinics, and health maintenance
organizations | 11 | | approved, registered, or licensed by the Department, shall take
| 12 | | the appropriate steps to ensure that the patients receive lead | 13 | | poisoning
screening, where medically indicated or appropriate.
| 14 | | (c) Children 7 6 years and older may also be screened by | 15 | | physicians or
health care providers, in accordance with | 16 | | guidelines and criteria set forth
by the American Academy of | 17 | | Pediatrics, according to the priority intervals
specified in | 18 | | the guidelines. Physicians and health care providers shall also
| 19 | | screen children for lead poisoning in conjunction with the | 20 | | school health
examination, as required under the School Code, | 21 | | when, in the medical judgement
of the physician, advanced | 22 | | practice nurse who has a written collaborative
agreement with a
| 23 | | collaborating
physician
that authorizes the advance practice | 24 | | nurse to perform health examinations, or
physician
assistant | 25 | | who has been delegated to perform health examinations by the
| 26 | | supervising
physician, the child is potentially at high risk of |
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| 1 | | lead poisoning.
| 2 | | (d) Nothing in this Section shall be construed to require | 3 | | any child
to undergo a lead blood level screening or test whose | 4 | | parent or guardian
objects on the grounds that the screening or | 5 | | test conflicts with his or her
religious beliefs.
| 6 | | (Source: P.A. 93-104, eff. 1-1-04.)
| 7 | | (410 ILCS 45/6.3)
| 8 | | Sec. 6.3. Information provided by the Department of | 9 | | Healthcare and Family Services. | 10 | | (a) The Director of Healthcare and Family Services shall | 11 | | provide, upon request of the Director of Public Health, an | 12 | | electronic record of all children 6 less than 7 years of age or | 13 | | younger who receive Medicaid, Kidcare, or other health care | 14 | | benefits from the Department of Healthcare and Family Services. | 15 | | The records shall include a history of claims filed for each | 16 | | child and the health care provider who rendered the services. | 17 | | On at least an annual basis, the Director of Public Health | 18 | | shall match the records provided by the Department of | 19 | | Healthcare and Family Services with the records of children | 20 | | receiving lead tests, as reported to the Department under | 21 | | Section 7 of this Act. | 22 | | (b) The Director of Healthcare and Family Services shall | 23 | | prepare a report documenting the frequency of lead testing and | 24 | | elevated blood and lead levels among children receiving | 25 | | benefits from the Department of Healthcare and Family Services. |
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| 1 | | On at least an annual basis, the Director of Healthcare and | 2 | | Family Services shall prepare and deliver a report to each | 3 | | health care provider who has rendered services to children | 4 | | receiving benefits from the Department of Healthcare and Family | 5 | | Services. The report shall contain the aggregate number of | 6 | | children receiving benefits from the Department of Healthcare | 7 | | and Family Services to whom the provider has provided services, | 8 | | the number and percentage of children tested for lead | 9 | | poisoning, and the number and percentage of children having an | 10 | | elevated blood lead level. The Department of Public Health may | 11 | | exclude health care providers who provide specialized or | 12 | | emergency medical care and who are unlikely to be the primary | 13 | | medical care provider for a child. Upon the request of a | 14 | | provider, the Department of Public Health may generate a list | 15 | | of individual patients treated by that provider according to | 16 | | the claims records and the patients' lead test results.
| 17 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 18 | | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
| 19 | | Sec. 7. Reports of lead poisoning required ; lead | 20 | | information to remain confidential; disclosure prohibited . | 21 | | Every physician who
diagnoses, or a health care provider, | 22 | | nurse, hospital administrator , or public health officer who has
| 23 | | verified information of the
existence of a blood lead test | 24 | | result for any child or pregnant person shall report the result | 25 | | to the Department. Results person found or suspected to have a |
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| 1 | | level of lead in the
blood in excess of the permissible limits | 2 | | set forth in rules regulations
adopted by the Department shall | 3 | | be reported to the Department , within 48 hours of receipt of
| 4 | | verification . Reports ,
shall include report to the Department | 5 | | the name, address, laboratory results, date
of birth, and any | 6 | | other information about the child or pregnant person deemed | 7 | | essential by
the Department. Directors of clinical | 8 | | laboratories must report to the
Department, within 48 hours of | 9 | | receipt of verification, elevated blood lead levels positive
| 10 | | results of all
blood
lead analyses performed in their facility. | 11 | | The information included in the
clinical laboratories report | 12 | | shall include, but not be limited to, the child's
name, | 13 | | address, date of birth, name of physician ordering analysis, | 14 | | and specimen
type. All blood lead levels less than the | 15 | | permissible limits set forth in rule negative results must be | 16 | | reported to the Department in accordance
with rules adopted by | 17 | | the Department. These rules shall not require reporting
in less | 18 | | than 30 days after the end of the month in which the negative | 19 | | results
are obtained. All information obtained by the | 20 | | Department from any source and all information, data, reports, | 21 | | e-mails, letters, and other documents generated by the | 22 | | Department or any of its delegate agencies concerning any | 23 | | person with a blood lead level in excess of the permissible | 24 | | limits set forth in regulations adopted by the Department
| 25 | | reports shall be treated in
the same manner as information | 26 | | subject to the provisions of Part 21 of Article
VIII of the |
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| 1 | | Code of Civil Procedure and shall not be disclosed. This | 2 | | prohibition on disclosure extends to all information and | 3 | | reports obtained or created by the Department or any of its | 4 | | delegate agencies concerning any regulated facility that has | 5 | | been identified as a potential lead hazard or a source of lead | 6 | | poisoning . Any physician, nurse, hospital
administrator, | 7 | | director of a
clinical laboratory, public health officer, or | 8 | | allied health professional
making a report in good faith shall | 9 | | be immune from any civil or criminal
liability that otherwise | 10 | | might be incurred from the making of a report.
| 11 | | (Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
| 12 | | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
| 13 | | Sec. 7.1. Child care facilities must require lead blood | 14 | | lead level
screening for admission. Each By January 1, 1993, | 15 | | each day care center, day
care home, preschool, nursery school, | 16 | | kindergarten, or other child care
facility, licensed or | 17 | | approved by the State, including such programs
operated by a | 18 | | public school district, shall include a requirement that each
| 19 | | parent or legal guardian of a child between the ages of 6 | 20 | | months through 6
years of age or younger provide a statement | 21 | | from a physician or health care provider that the
child has | 22 | | been screened or risk assessed for lead poisoning , as provided | 23 | | in Section 6.2 , if the child
resides in an area defined as low | 24 | | risk by the Department, or screened for
lead poisoning as | 25 | | provided for in Section 6.2, if the child resides in an
area
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| 1 | | defined as high risk . This statement shall be
provided prior to | 2 | | admission and subsequently in conjunction with required
| 3 | | physical examinations.
| 4 | | Nothing in this Section shall be construed to require any | 5 | | child
to undergo a lead blood level screening or test whose | 6 | | parent or guardian
objects on the grounds that the screening or | 7 | | test conflicts with his or her
religious beliefs.
| 8 | | Child care facilities that participate in the Illinois | 9 | | Child Care Assistance Program (CCAP) shall annually send or | 10 | | deliver to the parents or guardians of children enrolled in the | 11 | | facility's care an informational pamphlet regarding awareness | 12 | | of lead paint poisoning. Pamphlets shall be produced and made | 13 | | available by the Department and shall be downloadable from the | 14 | | Department's Internet website. The Department of Human | 15 | | Services and the Department of Public Health shall assist in | 16 | | the distribution of the pamphlet.
| 17 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 18 | | (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| 19 | | Sec. 7.2. Laboratory fees for blood lead screening; Lead | 20 | | Poisoning Fund.
| 21 | | (a) The Department may establish fees according to a | 22 | | reasonable fee
structure to cover the cost of providing a | 23 | | testing service for laboratory
analysis of blood lead tests and | 24 | | any necessary follow-up. Fees collected
from the Department's | 25 | | testing service shall be placed in a special fund in
the State |
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| 1 | | treasury known as the Lead Poisoning Screening, Prevention, and
| 2 | | Abatement Fund. Other State and federal funds for expenses | 3 | | related to lead
poisoning screening, follow-up, treatment, and | 4 | | abatement programs may also
be placed in the Fund. Moneys shall | 5 | | be appropriated from the Fund to the
Department of Public | 6 | | Health solely for the implementation and enforcement of this | 7 | | Act the purposes of providing lead
screening, follow-up, and | 8 | | treatment programs .
| 9 | | (b) The Department shall apply to the Department of | 10 | | Healthcare and Family Services for all approved lead screening | 11 | | and assessment activities for Medicaid-eligible children. | 12 | | Established Current Procedural Terminology (CPT) Codes shall | 13 | | be used to determine billable lead poisoning prevention | 14 | | services. Funds shall be placed in the Lead Poisoning | 15 | | Screening, Prevention, and Abatement Fund. | 16 | | (c) Any delegate agency may establish fees, according to a | 17 | | reasonable
fee structure, to cover the costs of drawing blood | 18 | | for blood lead screening
and any necessary follow-up.
| 19 | | (Source: P.A. 87-175.)
| 20 | | (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
| 21 | | Sec. 8. Inspection of buildings occupied by a person with | 22 | | an elevated blood lead level screening positive . A | 23 | | representative of the Department, or delegate agency, may, | 24 | | after
notification that an occupant of a regulated facility the | 25 | | dwelling unit in question is found to
have a blood lead value |
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| 1 | | as of the value set forth in Section 7, upon
presentation of | 2 | | the appropriate credentials to the owner, occupant, or his
| 3 | | representative, inspect regulated facilities dwelling or | 4 | | dwelling units , at reasonable times,
for the purposes of | 5 | | ascertaining that all surfaces accessible to children
are | 6 | | intact and in good repair, and for purposes of ascertaining the
| 7 | | existence of lead bearing substances. Such representative of | 8 | | the
Department, or delegate agency, may remove samples or | 9 | | objects necessary for
laboratory analysis, in the | 10 | | determination of the presence of lead-bearing
substances in the | 11 | | regulated facilities designated dwelling or dwelling unit .
| 12 | | If a regulated facility building is occupied by a child of | 13 | | less than 3 years
of age with an elevated blood lead level | 14 | | screening positive , the Department, in addition to all
other | 15 | | requirements of this Section, must inspect the regulated | 16 | | facility dwelling
unit and common place area of the child with | 17 | | an elevated blood lead level screening positive . | 18 | | Following the inspection, the Department or its delegate | 19 | | agency shall:
| 20 | | (1) Prepare an inspection report which shall:
| 21 | | (A) State the address of the regulated facility | 22 | | dwelling unit .
| 23 | | (B) Describe the scope of the inspection, the | 24 | | inspection procedures
used, and the method of | 25 | | ascertaining the existence of a lead bearing
substance | 26 | | in the regulated facility dwelling unit .
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| 1 | | (C) State whether any lead bearing substances were | 2 | | found in the regulated facility dwelling unit .
| 3 | | (D) Describe the nature, extent, and location of | 4 | | any lead bearing
substance that is found.
| 5 | | (E) State either that a lead hazard does exist or | 6 | | that a lead hazard
does not exist. If a lead hazard | 7 | | does exist, the report shall describe the
source, | 8 | | nature and location of the lead hazard. The existence | 9 | | of intact
lead paint does not alone constitute a lead | 10 | | hazard for the purposes of this
Section.
| 11 | | (F) Give the name of the person who conducted the | 12 | | inspection and
the person to contact for further | 13 | | information regarding the inspection and
the | 14 | | requirements of this Act.
| 15 | | (2) Mail or otherwise provide a copy of the inspection | 16 | | report to the
property owner and to the occupants of the | 17 | | regulated facility dwelling unit . If a lead
bearing | 18 | | substance is found, at the time of providing a copy of the
| 19 | | inspection report, the Department or its delegate agency | 20 | | shall attach an
informational brochure.
| 21 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 22 | | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
| 23 | | Sec. 8.1. Licensing of lead inspectors and lead risk | 24 | | assessors .
| 25 | | (a) The By January 1, 1994, the Department shall establish |
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| 1 | | standards and
licensing procedures for lead inspectors and lead | 2 | | risk assessors . An integral element of these
procedures shall | 3 | | be an education and training program prescribed by the
| 4 | | Department which shall include but not be limited to scientific | 5 | | sampling,
chemistry, and construction techniques. No person | 6 | | shall make inspections or risk assessments
without first being | 7 | | licensed by the Department. The penalty for inspection or risk | 8 | | assessment
without a license shall be a Class A misdemeanor and | 9 | | an administrative fine .
| 10 | | (b) The Department shall charge licensed lead inspectors | 11 | | and lead risk assessors reasonable license
fees and the fees | 12 | | shall be placed in the Lead Poisoning Screening,
Prevention, | 13 | | and Abatement Fund and used to fund the Department's licensing
| 14 | | of lead inspectors and lead risk assessors and any other | 15 | | activities prescribed by this Act. A licensed lead An
inspector | 16 | | or lead risk assessor employed by the Department or its | 17 | | delegate agency shall not be
charged a license fee.
| 18 | | (Source: P.A. 87-175.)
| 19 | | (410 ILCS 45/8.3 new) | 20 | | Sec. 8.3. Stop work orders. Whenever the Department finds | 21 | | that a situation exists that requires immediate action to | 22 | | protect the public health, it may, without notice or hearing, | 23 | | issue an order requiring that such action be taken as it may | 24 | | deem necessary to protect the public health, including, but not | 25 | | limited to, the issuance of a stop work order, ordering the |
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| 1 | | immediate suspension of any improper lead activities or | 2 | | renovation, and requiring that any person found to be | 3 | | improperly conducting lead activities immediately cease such | 4 | | activities. Notwithstanding any other provision in this Act, | 5 | | such order shall be effective immediately. The Attorney | 6 | | General, State's Attorney, or Sheriff of the county in which | 7 | | the property is located has authority to enforce the order | 8 | | after receiving notice thereof. Any person subject to such an | 9 | | order is entitled, upon written request to the Department, to a | 10 | | hearing to determine the continued validity of the order.
| 11 | | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
| 12 | | Sec. 9. Procedures upon determination of lead hazard.
| 13 | | (1) If the inspection report identifies a lead hazard, the | 14 | | Department or
delegate agency shall serve a mitigation notice | 15 | | on the property owner that the
owner is required to mitigate | 16 | | the lead hazard, and shall indicate the time
period specified | 17 | | in this Section in which the owner must complete the
| 18 | | mitigation. The notice shall include information describing | 19 | | mitigation
activities which meet the requirements of this Act.
| 20 | | (2) If the inspection report identifies a lead hazard, the | 21 | | owner shall
mitigate the lead hazard in a manner prescribed by | 22 | | the Department and within
the time limit prescribed by this | 23 | | Section. The Department shall adopt rules
regarding acceptable | 24 | | methods of mitigating a lead hazard. If the source of the
lead | 25 | | hazard identified in the inspection report is lead paint or any |
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| 1 | | other
leaded surface coating, the lead hazard shall be deemed | 2 | | to have been mitigated
if:
| 3 | | (A) The surface identified as the source of the hazard | 4 | | is no longer in
a condition that produces a hazardous level | 5 | | of leaded chips, flakes, dust
or any other form of leaded | 6 | | substance, that can be ingested or inhaled by
humans, or;
| 7 | | (B) If the surface identified as the source of the | 8 | | hazard is accessible
to children and could reasonably be | 9 | | chewed on by children, the surface
coating is either | 10 | | removed or covered, the surface is removed, or the access
| 11 | | to the leaded surface by children is otherwise prevented as | 12 | | prescribed
by the Department.
| 13 | | (3) Mitigation activities which involve the destruction or | 14 | | disturbance of
any leaded surface shall be conducted by a | 15 | | licensed lead abatement contractor
using licensed lead | 16 | | abatement workers. The Department may prescribe by rule
| 17 | | mitigation activities that may be performed without a licensed | 18 | | lead abatement contractor , lead abatement supervisor, or lead | 19 | | abatement
worker. The Department may, on a case by case basis, | 20 | | grant a waiver of the
requirement to use licensed lead | 21 | | abatement contractors , lead abatement supervisors, and lead | 22 | | abatement workers, provided
the waiver does not endanger the | 23 | | health or safety of humans.
| 24 | | (4) The Department shall establish procedures whereby an | 25 | | owner,
after receiving a mitigation notice under this Section, | 26 | | may submit a
mitigation plan to the Department or delegate |
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| 1 | | agency for review and approval.
| 2 | | (5) When a mitigation notice is issued for a regulated | 3 | | facility dwelling unit inspected as a
result of an elevated | 4 | | blood lead level in a pregnant person woman or a child, or if
| 5 | | the regulated facility dwelling unit is occupied by a child | 6 | | under 6 years of age or younger or a pregnant person
woman , the | 7 | | owner shall mitigate the hazard within 30 days of receiving the
| 8 | | notice; otherwise, the owner shall complete the mitigation | 9 | | within 90 days.
| 10 | | (6) An owner may apply to the Department or its delegate | 11 | | agency
for an extension of the deadline for mitigation. If the | 12 | | Department or its
delegate agency determines that the owner is | 13 | | making substantial progress
toward mitigation, or that the | 14 | | failure to meet the deadline is the result
of a shortage of | 15 | | licensed lead abatement contractors , lead abatement | 16 | | supervisors, or lead abatement workers, or that the
failure to | 17 | | meet the deadline is because the owner is awaiting the review
| 18 | | and approval of a mitigation plan, the Department or delegate | 19 | | agency may
grant an extension of the deadline.
| 20 | | (7) The Department or its delegate agency may, after the | 21 | | deadline set for
completion of mitigation, conduct a follow-up | 22 | | inspection of any regulated facility dwelling for
which a | 23 | | mitigation notice was issued for the purpose of determining | 24 | | whether the
mitigation actions required have been completed and | 25 | | whether the activities have
sufficiently mitigated the lead | 26 | | hazard as provided under this Section. The
Department or its |
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| 1 | | delegate agency may conduct a follow-up inspection upon the
| 2 | | request of an owner or resident. If, upon completing the | 3 | | follow-up inspection,
the Department or its delegate agency | 4 | | finds that the lead hazard for which the
mitigation notice was | 5 | | issued is not mitigated, the Department or its delegate
agency | 6 | | shall serve the owner with notice of the deficiency and a | 7 | | mitigation
order. The order shall indicate the specific actions | 8 | | the owner must
take to comply with the mitigation requirements | 9 | | of this Act, which may
include lead abatement if lead abatement | 10 | | is the sole means by which the lead hazard
can be mitigated. | 11 | | The order shall also include the date by which the
mitigation | 12 | | shall be completed. If, upon completing the follow-up
| 13 | | inspection, the Department or delegate agency finds that the | 14 | | mitigation
requirements of this Act have been satisfied, the | 15 | | Department or delegate
agency shall provide the owner with a | 16 | | certificate of compliance stating
that the required mitigation | 17 | | has been accomplished.
| 18 | | (Source: P.A. 87-175; 87-1144.)
| 19 | | (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
| 20 | | Sec. 9.1. Owner's obligation to give notice. An owner of a | 21 | | regulated facility
dwelling unit or residential building who | 22 | | has received a mitigation notice
under Section 9 of this Act | 23 | | shall, before entering into a lease
agreement for the regulated | 24 | | facility dwelling unit for which the
mitigation notice was | 25 | | issued, provide prospective lessees of that
unit with written |
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| 1 | | notice that a lead hazard has previously been
identified in the | 2 | | regulated facility dwelling unit , unless the owner has obtained | 3 | | a
certificate of compliance for the unit under Section 9. An | 4 | | owner
may satisfy this notice requirement by providing the | 5 | | prospective
lessee with a copy of the inspection report | 6 | | prepared pursuant to Section 9.
| 7 | | Before entering into a residential lease agreement, all | 8 | | owners
of regulated facilities residential buildings or | 9 | | dwelling units built before 1978
shall give prospective lessees | 10 | | information on the potential
health hazards posed by lead in | 11 | | regulated facilities residential dwellings by providing the
| 12 | | prospective lessee with a copy of a Department-approved an | 13 | | informational brochure prepared by the
Department. Within one | 14 | | year of the effective date of this amendatory Act of
1992, | 15 | | owners of residential buildings or dwelling units built before | 16 | | 1978 shall
provide current lessees with such brochure .
| 17 | | (Source: P.A. 87-1144.)
| 18 | | (410 ILCS 45/9.4)
| 19 | | Sec. 9.4. Owner's obligation to post notice. The owner of a | 20 | | regulated facility dwelling unit or residential building who | 21 | | has received a mitigation notice under Section 9 of this Act | 22 | | shall post notices at all entrances to in common areas of the | 23 | | regulated facility building specifying the identified lead | 24 | | hazards. The posted notices, drafted by the Department and sent | 25 | | to the property owner with the notification of lead hazards, |
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| 1 | | shall indicate the following: | 2 | | (1) that a unit or units in the building have been | 3 | | found to have lead hazards; | 4 | | (2) that other units in the building may have lead | 5 | | hazards; | 6 | | (3) that the Department recommends that children 6 | 7 | | years of age or younger receive a blood lead screening; | 8 | | (4) where to seek further information; and | 9 | | (5) whether 2 or more mitigation notices have been | 10 | | issued for the regulated facility 2 or more dwelling units | 11 | | within a 5-year period of time. | 12 | | Once the owner has complied with a mitigation notice or | 13 | | mitigation order issued by the Department, the owner may remove | 14 | | the notices posted pursuant to this Section.
| 15 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 16 | | (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| 17 | | Sec. 10.
The Department, or representative of a unit of | 18 | | local government or
health department approved by the | 19 | | Department for this purpose, shall report any
violation of this | 20 | | Act to the State's Attorney of the county in which the
| 21 | | regulated facility dwelling is located, who has then shall the | 22 | | authority to charge the owner with a Class
A misdemeanor, and | 23 | | who shall take additional measures to ensure insure that rent | 24 | | is
withheld from the owner by the occupants of the regulated | 25 | | facility dwelling or dwelling units
affected, until the |
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| 1 | | mitigation requirements under Section 9 of this Act are
| 2 | | complied with.
| 3 | | No tenant shall be evicted because an individual with an | 4 | | elevated blood
lead level or with suspected lead poisoning | 5 | | resides in the regulated facility dwelling unit ,
or because | 6 | | rent is withheld under the provisions of this Act, or because | 7 | | of
any action required of the dwelling owner of the regulated | 8 | | facility as a result of enforcement of
this Act.
| 9 | | In cases where no action is taken which will result in the | 10 | | remedy of the
hazard created by the lead-bearing substances | 11 | | within the stated time
period, the local health officer and the | 12 | | local building officials may as
practical utilize such | 13 | | community resources as are available to effect the
relocation | 14 | | of the individuals who occupied the dwelling or dwelling unit
| 15 | | affected until the remedy is made by the owner.
| 16 | | (Source: P.A. 87-175; 87-1144.)
| 17 | | (410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
| 18 | | Sec. 11. Lead abatement; Manner of mitigation of lead | 19 | | hazards. All lead abatement and lead mitigation shall be
| 20 | | accomplished in a manner prescribed by the Department, which | 21 | | will not endanger the health or well-being of
residential | 22 | | building or dwelling unit occupants of regulated facilities , | 23 | | and will
result in the safe
removal from the premises, and the | 24 | | safe disposition, of flakes, chips, debris,
dust, and other | 25 | | potentially harmful materials. The Department shall establish, |
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| 1 | | by rule, work practice requirements for lead abatement and lead | 2 | | mitigation.
| 3 | | (Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
| 4 | | (410 ILCS 45/11.05)
| 5 | | Sec. 11.05. Advisory Council.
| 6 | | (a) The General Assembly finds the following:
| 7 | | (1) Lead-based paint poisoning is a potentially | 8 | | devastating
but preventable disease and is the number one
| 9 | | environmental threat to children's health in the United
| 10 | | States.
| 11 | | (2) The number of lead-poisoned children in Illinois is | 12 | | among
the highest in the nation, especially in older, | 13 | | affordable
properties.
| 14 | | (3) Lead poisoning causes irreversible damage to the
| 15 | | development of a child's nervous system. Even at low and
| 16 | | moderate levels, lead poisoning causes learning
| 17 | | disabilities, speech problems, shortened attention span,
| 18 | | hyperactivity, and behavioral problems. Recent research
| 19 | | links high levels of lead exposure to lower IQ scores and
| 20 | | to juvenile delinquency.
| 21 | | (4) Older housing is the number one risk factor for | 22 | | childhood
lead poisoning. Properties built before 1950 are
| 23 | | statistically much more likely to contain lead-based paint
| 24 | | hazards than buildings constructed more recently.
| 25 | | (5) Illinois ranks 10th out of the 50 states in
the age |
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| 1 | | of its housing stock. More than 50% of the
housing units in | 2 | | Chicago and in Rock Island, Peoria,
Macon, Madison, and | 3 | | Kankakee counties were built before
1960 and more than 43% | 4 | | of the housing units in St. Clair,
Winnebago, Sangamon, | 5 | | Kane, and Cook counties were built
before 1950.
| 6 | | (6) There are nearly 1.4 million households with | 7 | | lead-based
paint hazards in Illinois.
| 8 | | (7) Most children are lead-poisoned in their own homes
| 9 | | through exposure to lead dust from deteriorated lead-paint
| 10 | | surfaces, like windows, and when lead paint deteriorates or
| 11 | | is disturbed through home renovation and repainting.
| 12 | | (8) The control of lead hazards significantly reduces | 13 | | lead poisoning
rates. Other communities, including New | 14 | | York City
and Milwaukee, have successfully reduced lead | 15 | | poisoning
rates by removing lead-based paint hazards on | 16 | | windows.
| 17 | | (9) Windows are considered a higher lead exposure risk
| 18 | | more often than other components in a housing unit. Windows
| 19 | | are a major contributor of lead dust in the home, due to
| 20 | | both weathering conditions and friction effects on paint.
| 21 | | (10) There is an insufficient pool of licensed lead
| 22 | | abatement workers and contractors to address the problem in
| 23 | | some areas of the State.
| 24 | | (11) Training, insurance, and licensing costs for lead
| 25 | | removal workers are prohibitively high.
| 26 | | (12) Through grants from the United States Department |
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| 1 | | of Housing and
Urban Development, some communities in | 2 | | Illinois have begun
to reduce lead poisoning of children. | 3 | | While this is an
ongoing effort, it addresses only a small | 4 | | number of the
low-income children statewide in communities | 5 | | with high
levels of lead paint in the housing stock.
| 6 | | (b) For purposes of this Section:
| 7 | | "Advisory Council" means the Lead-Safe Housing Advisory
| 8 | | Council created under subsection (c).
| 9 | | "Lead-Safe Housing Maintenance Standards" or "Standards"
| 10 | | means standards developed by the Advisory Council pursuant
to | 11 | | this Section.
| 12 | | "Low-income" means a household at or below 80% of the | 13 | | median
income level for a given county as determined annually | 14 | | by
the United States Department of Housing and Urban
| 15 | | Development.
| 16 | | "Primary prevention" means removing lead hazards before a | 17 | | child is
poisoned
rather than relying on identification of a | 18 | | lead poisoned child as the
triggering event.
| 19 | | (c) The Lead-Safe Housing Advisory
Council is created to | 20 | | advise the Department on lead poisoning prevention
activities. | 21 | | The Advisory Council shall be
chaired by the Director or his or | 22 | | her designee and the chair of the Illinois
Lead Safe Housing | 23 | | Task Force and provided with administrative support by the
| 24 | | Department. The Advisory Council shall be comprised of (i) the | 25 | | directors, or
their designees, of the Illinois Housing | 26 | | Development Authority and the
Environmental Protection Agency; |
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| 1 | | and (ii) the directors, or their designees,
of public health | 2 | | departments of counties identified by the Department that
| 3 | | contain communities with a concentration of
high-risk, | 4 | | lead-contaminated properties.
| 5 | | The Advisory Council shall also include the following | 6 | | members appointed by
the Governor:
| 7 | | (1) One representative from the Illinois Association | 8 | | of Realtors.
| 9 | | (2) One representative from the insurance industry.
| 10 | | (3) Two pediatricians or other physicians with
| 11 | | knowledge of lead-paint poisoning.
| 12 | | (4) Two representatives from the private-sector, lead | 13 | | abatement
lead-based-paint-abatement
industry who are | 14 | | licensed in
Illinois as a lead an abatement contractor,
| 15 | | worker, or risk assessor.
| 16 | | (5) Two representatives from community based | 17 | | organizations in
communities with a concentration of high | 18 | | risk lead contaminated properties.
High-risk
communities | 19 | | shall be identified based upon the prevalence of low-income
| 20 | | families whose
children are lead poisoned and the age of | 21 | | the housing stock.
| 22 | | (6) At least 3 lead-safe housing advocates, including
| 23 | | (i) the parent of a lead-poisoned child, (ii) a
| 24 | | representative from a child advocacy organization,
and | 25 | | (iii) a representative from a tenant housing
organization.
| 26 | | (7) One representative from the Illinois paint and |
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| 1 | | coatings industry. | 2 | | Within 9 months after its
formation, the Advisory Council
| 3 | | shall submit a written report to the Governor and the General | 4 | | Assembly on:
| 5 | | (1) developing a primary prevention program for | 6 | | addressing lead
poisoning;
| 7 | | (2) developing a sufficient pool of lead abatement | 8 | | workers and
contractors;
| 9 | | (3) targeting blood lead screening to children | 10 | | residing in high-risk
buildings and neighborhoods;
| 11 | | (4) ensuring lead-safe work practices in all | 12 | | remodeling, rehabilitation,
and weatherization work;
| 13 | | (5) funding mechanisms to assist residential property | 14 | | owners in costs of
lead abatement and mitigation;
| 15 | | (6) providing insurance subsidies to licensed lead | 16 | | abatement contractors
who target their work to high-risk | 17 | | communities; and
| 18 | | (7) developing any necessary legislation or rulemaking | 19 | | to improve the
effectiveness of State and local programs in | 20 | | lead abatement and other
prevention and control | 21 | | activities.
| 22 | | The Advisory Council shall develop handbooks and training | 23 | | for property owners
and tenants
explaining the Standards and | 24 | | State and federal requirements for
lead-safe housing.
| 25 | | The Advisory Council shall meet at least quarterly. Its | 26 | | members shall
receive no compensation for
their services, but |
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| 1 | | their reasonable travel expenses actually incurred shall be
| 2 | | reimbursed by the Department.
| 3 | | (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
| 4 | | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| 5 | | Sec. 11.1. Licensing of lead abatement contractors , lead | 6 | | abatement supervisors, and lead abatement workers. Except as | 7 | | otherwise provided in this Act, performing lead abatement or
| 8 | | mitigation without a license is a Class A misdemeanor and is | 9 | | also subject to civil and administrative penalties .
The | 10 | | Department shall provide by rule for the licensing of lead
| 11 | | abatement contractors , lead abatement supervisors, and lead | 12 | | abatement workers and shall establish rules
standards and | 13 | | procedures for the licensure. The Department
may collect a | 14 | | reasonable fee for the licenses. The fees shall
be deposited | 15 | | into the Lead Poisoning Screening, Prevention, and
Abatement | 16 | | Fund and used by the Department for the costs of
licensing lead | 17 | | abatement contractors and workers and other activities
| 18 | | prescribed by this Act.
| 19 | | The Department shall promote and encourage minorities and | 20 | | females and
minority and female owned entities to apply for | 21 | | licensure under this Act
as either licensed lead abatement | 22 | | workers or licensed lead abatement
contractors .
| 23 | | The Department may adopt any rules necessary to ensure | 24 | | proper
implementation and administration of this Act and of the | 25 | | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and |
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| 1 | | the rules adopted regulations promulgated
thereunder: Lead; | 2 | | Requirements for Lead-Based Paint Activities (40 CFR 745).
The | 3 | | application of this Section shall not be limited to the | 4 | | activities taken in
regard to lead poisoned children and shall | 5 | | include all activities related to
lead abatement, mitigation | 6 | | and training.
| 7 | | No person may act as a lead abatement contractor unless the | 8 | | person is licensed as a lead abatement contractor by the | 9 | | Department in accordance with this Act and the rules adopted | 10 | | under it. | 11 | | No person may act as a lead abatement supervisor unless the | 12 | | person is licensed as a lead abatement supervisor by the | 13 | | Department in accordance with this Act and the rules adopted | 14 | | under it. | 15 | | No person may act as a lead abatement worker unless the | 16 | | person is licensed as a lead abatement worker by the Department | 17 | | in accordance with this Act and the rules adopted under it. | 18 | | Except as otherwise provided by Department rule, on and | 19 | | after the effective date of this amendatory Act of the 98th | 20 | | General Assembly, any licensing requirement adopted pursuant | 21 | | to this Section that may be satisfied by an industrial | 22 | | hygienist licensed pursuant to the Industrial Hygienists | 23 | | Licensure Act repealed in this amendatory Act may be satisfied | 24 | | by a Certified Industrial Hygienist certified by the American | 25 | | Board of Industrial Hygiene. | 26 | | (Source: P.A. 98-78, eff. 7-15-13.)
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| 1 | | (410 ILCS 45/12.2 new) | 2 | | Sec. 12.2. Violations and enforcement. | 3 | | (a) The following provisions shall apply concerning | 4 | | criminal sanctions: | 5 | | (1) Violation of any Section of this Act other than | 6 | | Section 6.01 or Section 7 shall be punishable as a Class A | 7 | | misdemeanor. A violation of Section 6.01 shall cause the | 8 | | Department to issue a written warning for a first offense | 9 | | and shall be a petty offense for a second or subsequent | 10 | | offense if the violation occurs at the same location within | 11 | | 12 months after the first offense. | 12 | | (2) Any person who knowingly violates this Act or the | 13 | | rules adopted by the Department or who violates any | 14 | | determination or order of the Department under this Act | 15 | | shall be guilty of a Class 4 felony. A person who, after | 16 | | being convicted under this paragraph, violates this | 17 | | paragraph a second or subsequent time commits a Class 3 | 18 | | felony. | 19 | | (3) Any person who knowingly makes a false statement, | 20 | | orally or in writing, to the Department related to or | 21 | | required by this Act, a rule adopted under this Act, any | 22 | | federal law or rule for which the Department has | 23 | | responsibility, or any determination or order of the | 24 | | Department under this Act, or any permit, term, or | 25 | | condition thereof, commits a Class 4 felony, and each such |
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| 1 | | statement or writing shall be considered a separate Class 4 | 2 | | felony. A person who, after being convicted under this | 3 | | paragraph, violates this paragraph a second or subsequent | 4 | | time commits a Class 3 felony. | 5 | | (4) Any criminal action brought under this Section | 6 | | shall be brought by the State's Attorney of the county in | 7 | | which the violation occurred or by the Attorney General and | 8 | | shall be conducted in accordance with the applicable | 9 | | provisions of the Code of Criminal Procedure of 1963. | 10 | | (5) For an offense described in this subsection (a), | 11 | | the period for commencing prosecution prescribed by the | 12 | | statute of limitations shall not begin to run until the | 13 | | offense is discovered by or reported to a State or local | 14 | | agency having the authority to investigate violations of | 15 | | this Act. | 16 | | (6) In addition to any other penalty provided under | 17 | | this Act, the court in a criminal action brought under this | 18 | | subsection (a) may impose upon any person who violates this | 19 | | Act or the rules adopted under this Act or who does not | 20 | | comply with a notice of deficiency and a mitigation order | 21 | | issued under subsection (7) of Section 9 of this Act or who | 22 | | fails to comply with subsection (3) or subsection (5) of | 23 | | Section 9 of this Act a penalty not to exceed $5,000 for | 24 | | each violation. Each day a violation exists constitutes a | 25 | | separate violation. Any penalties collected in a court | 26 | | proceeding shall be deposited into a delegated county lead |
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| 1 | | poisoning screening, prevention, and abatement fund or, if | 2 | | no delegated county or lead poisoning screening, | 3 | | prevention, and abatement fund exists, into the Lead | 4 | | Poisoning Screening, Prevention, and Abatement Fund | 5 | | established under Section 7.2 of this Act. | 6 | | (b) The Department is authorized to assess administrative | 7 | | civil fines against any licensee or any other person who | 8 | | violates this Act or the rules adopted under this Act. These | 9 | | fines may be assessed in addition to or in lieu of license | 10 | | suspensions or revocations and in addition to or in lieu of | 11 | | criminal sanctions. The amount of the administrative civil fine | 12 | | shall be determined by rules adopted by the Department. Each | 13 | | day a violation exists shall constitute a separate violation. | 14 | | The minimum civil fine shall be $50 per violation per day and | 15 | | the maximum civil fine shall be $5,000 per violation per day. | 16 | | Any civil fines so collected shall be deposited into the Lead | 17 | | Poisoning Screening, Prevention, and Abatement Fund | 18 | | established under Section 7.2 of this Act. | 19 | | (c) The Director, after notice and opportunity for hearing, | 20 | | may deny, suspend, or revoke a license of a licensee or fine a | 21 | | licensee or any other person who has violated this Act or the | 22 | | rules adopted under this Act. Notice shall be provided by | 23 | | certified mail, return receipt requested, or by personal | 24 | | service, fixing a date, not less than 15 days from the date of | 25 | | such mailing or service, at which time the person shall be | 26 | | given an opportunity to request a hearing. Failure to request a |
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| 1 | | hearing within that time period constitutes a waiver of the | 2 | | right to a hearing. The hearing shall be conducted by the | 3 | | Director or by an individual designated in writing by the | 4 | | Director as a hearing officer to conduct the hearing. On the | 5 | | basis of any such hearing or upon default of the respondent, | 6 | | the Director shall make a determination specifying his or her | 7 | | findings and conclusions. A copy of the determination shall be | 8 | | sent by certified mail, return receipt requested, or served | 9 | | personally upon the respondent. | 10 | | (d) The procedure governing hearings authorized by this | 11 | | Section shall be in accordance with rules adopted by the | 12 | | Department. A full and complete record shall be kept of all | 13 | | proceedings, including the notice of hearing, complaint, and | 14 | | all other documents in the nature of pleadings, written motions | 15 | | filed in the proceedings, and the report and orders of the | 16 | | Director and hearing officer. All testimony shall be reported, | 17 | | but need not be transcribed unless the decision is sought to be | 18 | | reviewed under the Administrative Review Law. A copy or copies | 19 | | of the transcript may be obtained by any interested party on | 20 | | payment of the cost of preparing the copy or copies. The | 21 | | Director or hearing officer shall, upon his or her own motion | 22 | | or on the written request of any party to the proceeding, issue | 23 | | subpoenas requiring the attendance and the giving of testimony | 24 | | by witnesses and subpoenas duces tecum requiring the production | 25 | | of books, papers, records, or memoranda. All subpoenas and | 26 | | subpoenas duces tecum issued under this Act may be served by |
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| 1 | | any person of legal age. The fees of witnesses for attendance | 2 | | and travel shall be the same as the fees of witnesses before | 3 | | the courts of this State, such fees to be paid when the witness | 4 | | is excused from further attendance. When the witness is | 5 | | subpoenaed at the instance of the Director or hearing officer, | 6 | | the fees shall be paid in the same manner as other expenses of | 7 | | the Department, and when the witness is subpoenaed at the | 8 | | instance of any other party to any such proceeding the | 9 | | Department may require that the cost of service of the subpoena | 10 | | or subpoena duces tecum and the fee of the witness be borne by | 11 | | the party at whose instance the witness is summoned. In such | 12 | | case, the Department in its discretion may require a deposit to | 13 | | cover the cost of such service and witness fees. A subpoena or | 14 | | subpoena duces tecum so issued pursuant to this subsection (d) | 15 | | shall be served in the same manner as a subpoena issued by a | 16 | | circuit court. | 17 | | (e) Any circuit court of this State, upon the application | 18 | | of the Director or upon the application of any other party to | 19 | | the proceeding, may, in its discretion, compel the attendance | 20 | | of witnesses, the production of books, papers, records, or | 21 | | memoranda, and the giving of testimony before the Director or | 22 | | hearing officer conducting an investigation or holding a | 23 | | hearing authorized by this Act, by an attachment for contempt | 24 | | or otherwise, in the same manner as production of evidence may | 25 | | be compelled before the court. | 26 | | (f) All final administrative decisions of the Department |
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| 1 | | under this Act shall be subject to judicial review pursuant to | 2 | | the provisions of the Administrative Review Law and the rules | 3 | | adopted under it. "Administrative decision" has the meaning | 4 | | ascribed to it in Section 3-101 of the Code of Civil Procedure. | 5 | | The Department is not required to certify any record or file | 6 | | any answer or otherwise appear in any proceeding for judicial | 7 | | review unless the party filing the complaint deposits with the | 8 | | clerk of the court the sum of $2 per page representing the | 9 | | costs of the certification. Failure on the part of the | 10 | | plaintiff to make such deposit shall be grounds for dismissal | 11 | | of the action. | 12 | | (g) The State's Attorney of the county in which the | 13 | | violation occurred or the Attorney General shall bring such | 14 | | actions in the name of the people of the State of Illinois and | 15 | | may, in addition to other remedies provided in this Act, bring | 16 | | action for an injunction to restrain such violation, impose | 17 | | civil penalties, and enjoin the operation of any such person or | 18 | | establishment.
| 19 | | (410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
| 20 | | Sec. 13.
The Department is authorized to adopt promulgate | 21 | | reasonable
rules and regulations for carrying out the | 22 | | provisions of this Act.
| 23 | | (Source: P.A. 87-175.)
| 24 | | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
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| 1 | | Sec. 14. Departmental rules regulations and activities. | 2 | | The Department shall
establish and publish rules regulations | 3 | | and guidelines governing permissible
limits of lead in and | 4 | | about regulated facilities residential buildings and | 5 | | dwellings .
| 6 | | The Department shall also initiate activities that:
| 7 | | (a) Will either provide for or support the monitoring | 8 | | and validation
of all medical laboratories and private and | 9 | | public hospitals that
perform lead determination tests on | 10 | | human blood or other tissues.
| 11 | | (b) Will, subject to Section 7.2 of this Act, provide | 12 | | laboratory testing
of blood specimens for lead content to | 13 | | any physician, hospital, clinic,
free clinic, | 14 | | municipality, or private organization
that cannot secure | 15 | | or provide the services through other sources. The
| 16 | | Department shall not assume responsibility for blood lead | 17 | | analysis required
in programs currently in operation.
| 18 | | (c) Will develop or encourage the development of | 19 | | appropriate programs
and studies to identify sources of | 20 | | lead intoxication and assist other
entities in the | 21 | | identification of lead in children's blood and the sources
| 22 | | of that intoxication.
| 23 | | (d) May provide technical assistance and consultation | 24 | | to local,
county, or regional governmental or private | 25 | | agencies for the promotion
and development of lead | 26 | | poisoning prevention programs.
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| 1 | | (e) Will provide recommendations by the Department on | 2 | | the subject of
identification , case management, and | 3 | | treatment of lead poisoning.
| 4 | | (f) Will maintain a clearinghouse of information, and | 5 | | will develop
additional educational materials, on (i) lead | 6 | | hazards to children,
(ii) lead poisoning prevention, (iii) | 7 | | lead poisoning screening,
(iv) lead mitigation, lead | 8 | | abatement, renovation, and disposal, and (v)
health | 9 | | hazards during abatement. The Department shall make this | 10 | | information
available to the general public.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 12 | | (410 ILCS 45/9.2 rep.) | 13 | | (410 ILCS 45/9.3 rep.)
| 14 | | (410 ILCS 45/11.2 rep.)
| 15 | | (410 ILCS 45/12 rep.)
| 16 | | Section 10. The Lead Poisoning Prevention Act is amended by | 17 | | repealing Sections 9.2, 9.3, 11.2, and 12.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 410 ILCS 45/2 | from Ch. 111 1/2, par. 1302 | | 4 | | 410 ILCS 45/3 | from Ch. 111 1/2, par. 1303 | | 5 | | 410 ILCS 45/5 | from Ch. 111 1/2, par. 1305 | | 6 | | 410 ILCS 45/6 | from Ch. 111 1/2, par. 1306 | | 7 | | 410 ILCS 45/6.01 | | | 8 | | 410 ILCS 45/6.1 | from Ch. 111 1/2, par. 1306.1 | | 9 | | 410 ILCS 45/6.2 | from Ch. 111 1/2, par. 1306.2 | | 10 | | 410 ILCS 45/6.3 | | | 11 | | 410 ILCS 45/7 | from Ch. 111 1/2, par. 1307 | | 12 | | 410 ILCS 45/7.1 | from Ch. 111 1/2, par. 1307.1 | | 13 | | 410 ILCS 45/7.2 | from Ch. 111 1/2, par. 1307.2 | | 14 | | 410 ILCS 45/8 | from Ch. 111 1/2, par. 1308 | | 15 | | 410 ILCS 45/8.1 | from Ch. 111 1/2, par. 1308.1 | | 16 | | 410 ILCS 45/8.3 new | | | 17 | | 410 ILCS 45/9 | from Ch. 111 1/2, par. 1309 | | 18 | | 410 ILCS 45/9.1 | from Ch. 111 1/2, par. 1309.1 | | 19 | | 410 ILCS 45/9.4 | | | 20 | | 410 ILCS 45/10 | from Ch. 111 1/2, par. 1310 | | 21 | | 410 ILCS 45/11 | from Ch. 111 1/2, par. 1311 | | 22 | | 410 ILCS 45/11.05 | | | 23 | | 410 ILCS 45/11.1 | from Ch. 111 1/2, par. 1311.1 | | 24 | | 410 ILCS 45/12.2 new | | | 25 | | 410 ILCS 45/13 | from Ch. 111 1/2, par. 1313 | |
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| 1 | | 410 ILCS 45/14 | from Ch. 111 1/2, par. 1314 | | 2 | | 410 ILCS 45/9.2 rep. | | | 3 | | 410 ILCS 45/9.3 rep. | | | 4 | | 410 ILCS 45/11.2 rep. | | | 5 | | 410 ILCS 45/12 rep. | |
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