Illinois General Assembly - Full Text of HB5410
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Full Text of HB5410  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Robyn Gabel


See Index

    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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HB5410LRB098 16193 RPM 51251 b

1    AN ACT concerning public health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Sections 2, 3, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1, 7.2,
68, 8.1, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14 and by
7adding 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
11leadbearing substances in a residential building or dwelling
13    "Child care facility" means any structure used by a child
14care provider licensed by the Department of Children and Family
15Services or public school structure frequented by children
16through 6 years of age or younger.
17    "Childhood Lead Risk Questionnaire" means the
18questionnaire developed by the Department for use by physicians
19and other health care providers to determine risk factors for
20children 6 years of age or younger residing in areas designated
21as low risk for lead exposure.
22    "Child-occupied facility" means a structure or portion of a
23structure constructed prior to 1978 and visited regularly by



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1children 6 years of age or younger.
2    "Delegate agency" means a unit of local government or
3health department approved by the Department to carry out the
4provisions of this Act.
5    "Department" means the Department of Public Health of the
6State of Illinois.
7    "Director" means the Director of Public Health.
8    "Dwelling" means any structure all or part of which is
9designed or used for human habitation.
10    "Elevated blood lead level" means a blood lead level in
11excess of those considered safe under State and federal rules.
12    "High risk area" means an area in the State determined by
13the Department to be high risk for lead exposure for children
14through 6 years of age or younger. The Department shall
15consider, but not be limited to, the following factors to
16determine a high risk area: age and condition (using Department
17of Housing and Urban Development definitions of "slum" and
18"blighted") of housing, proximity to highway traffic or heavy
19local traffic or both, percentage of housing determined as
20rental or vacant, proximity to industry using lead, established
21incidence of elevated blood lead levels in children, percentage
22of population living below 200% of federal poverty guidelines,
23and number of children residing in the area who are 6 years of
24age or younger.
25    "Exposed surface" means any interior or exterior surface of
26a regulated facility dwelling or residential building.



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1    "Lead abatement" means any approved work practices that
2will permanently eliminate lead exposure or remove the
3lead-bearing substances in a regulated facility. The
4Department shall establish by rule which work practices are
5approved or prohibited for lead abatement.
6    "Lead abatement contractor" means any person or entity
7licensed by the Department to perform lead abatement and
9    "Lead abatement supervisor" means any person employed by a
10lead abatement contractor and licensed by the Department to
11perform lead abatement and lead mitigation and to supervise
12lead workers who perform lead abatement and lead mitigation.
13    "Lead abatement worker" means any person employed by a lead
14abatement contractor and licensed by the Department to perform
15lead abatement and mitigation.
16    "Lead activities" means the conduct of any lead services,
17including renovation, lead inspection, lead risk assessment,
18lead mitigation, or lead abatement work or supervision in a
19regulated facility.
20    "Lead bearing substance" means any item containing or
21coated with lead such that the lead content is more than
22six-hundredths of one percent (0.06%) lead by total weight; or
23any dust on surfaces or in furniture or other nonpermanent
24elements of the regulated facility dwelling; or any paint or
25other surface coating material containing more than
26five-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
2liquid paint; or lead bearing substances containing greater
3than one milligram per square centimeter or any lower standard
4for lead content in residential paint as may be established by
5federal law or rule regulation; or more than 1 milligram per
6square centimeter in the dried film of paint or previously
7applied substance; or item or dust on item containing lead in
8excess of the amount specified in the rules and regulations
9authorized by this Act or a lower standard for lead content as
10may be established by federal law or rule regulation. "Lead
11bearing substance" does not include firearm ammunition or
12components as defined by the Firearm Owners Identification Card
14    "Lead hazard" means a lead bearing substance that poses an
15immediate health hazard to humans.
16    "Lead hazard screen" means a lead risk assessment that
17involves limited dust and paint sampling for lead bearing
18substances and lead hazards. This service is used as a
19screening tool designed to determine if further lead
20investigative services are required for the regulated
22    "Lead inspection" means a surface-by-surface investigation
23to determine the presence of lead-based paint.
24    "Lead inspector" means an individual who has been trained
25by a Department-approved training program and is licensed by
26the Department to conduct lead inspections; to sample for the



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1presence of lead in paint, dust, soil, and water; and to
2conduct compliance investigations.
3    "Lead poisoning" means the condition of having blood lead
4levels in excess of those considered safe under State and
5federal rules and regulations.
6    "Low risk area" means an area in the State determined by
7the Department to be low risk for lead exposure for children
8through 6 years of age or younger. The Department shall
9consider the factors named in "high risk area" to determine low
10risk areas.
11    "Lead risk assessor" means an individual who has been
12trained by a Department-approved training program and is
13licensed by the Department to conduct lead risk assessments,
14lead inspections, and lead hazard screens; to sample for the
15presence of lead in paint, dust, soil, water, and sources for
16lead bearing substances; and to conduct compliance
18    "Lead risk assessment" means an on-site investigation to
19determine the existence, nature, severity, and location of lead
20hazards. "Lead risk assessment" includes any lead sampling and
21visual assessment associated with conducting a lead risk
22assessment and lead hazard screen and all lead sampling
23associated with compliance investigations.
24    "Lead training program provider" means any person
25providing lead training in Illinois to individuals seeking
26licensure in accordance with the Act.



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1    "Lead mitigation" "Mitigation" means the remediation, in a
2manner described in Section 9, of a lead hazard so that the
3lead bearing substance does not pose an immediate health hazard
4to humans.
5    "Owner" means any person, who alone, jointly, or severally
6with 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,
16limited liability company, corporation, association, joint
17stock company, trust, estate, political subdivision, State
18agency, or any other legal entity, or their legal
19representative, agent, or assign one or more natural persons,
20legal entities, governmental bodies, or any combination.
21    "Regulated facility" means a residential building, child
22care facility, or child-occupied facility.
23    "Residential building" means any room, group of rooms, or
24other interior areas of a structure designed or used for human
25habitation; common areas accessible by inhabitants; and the
26surrounding property or structures.



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1    "Risk assessment" means a questionnaire to be developed by
2the Department for use by physicians and other health care
3providers to determine risk factors for children through 6
4years of age residing in areas designated as low risk for lead
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
9apply lead bearing substances:
10    (a) In or upon any exposed surface of a regulated facility
11dwelling or dwelling unit;
12    (b) (Blank) In or around the exposed surfaces of a child
13care facility or other structure frequented by children;
14    (c) In or upon any fixtures or other objects used,
15installed, or located in or upon any exposed surface of a
16regulated facility dwelling or residential building, or child
17care facility, or intended to be so used, installed, or located
18and that, in the ordinary course of use, are accessible to or
19chewable by children;
20    (d) In or upon any items, including, but not limited to,
21clothing, accessories, jewelry, decorative objects, edible
22items, candy, food, dietary supplements, toys, furniture, or
23other articles used by or intended to be chewable by children;
24    (e) Within or upon a regulated facility residential
25building or dwelling, child care facility, school, playground,



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1park, or recreational area, or other areas regularly frequented
2by 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.
6No person shall sell or transfer or offer for sale or transfer
7any fixtures or other objects intended to be used, installed,
8or located in or upon any surface of a regulated facility
9dwelling or residential building, or child care facility, that
10contains a lead bearing substance and that, in the ordinary
11course 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
17manufactured or sold for placement in a new piercing or a
18mucous membrane, but does not include any part of that jewelry
19that is not placed within a new piercing or a mucous membrane.
20    "Children's jewelry" means jewelry that is made for,
21marketed for use by, or marketed to children under the age of
2212 and includes jewelry that meets any of the following
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
18intended by the manufacturer to facilitate the sleep,
19relaxation, or feeding of children under the age of 6 years of
20age or younger or to help with children under the age of 6
21years of age or younger who are sucking or teething. An item
22meets this definition if it is (i) designed or intended to be
23used directly in the mouth by the child or (ii) is used to
24facilitate sleep, relaxation, or feeding of children under the
25age of 6 years of age or younger or help with children under
26the age of 6 years of age or younger who are sucking or



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1teething and, because of its proximity to the child, is likely
2to be mouthed, chewed, sucked, or licked.
3    "Jewelry" means any of the following ornaments worn by a
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
4component containing any external coating, including, but not
5limited to, paint, ink, lacquer, or screen printing, designed
6for or intended for use by children under the age of 12 at
7play. For the purposes of this Section, "toy" is any object
8designed, manufactured, or marketed as a plaything for children
9under the age of 12 and is excluded from the definitions of
10"child care article" and "jewelry". In determining whether a
11toy containing paint is designed for or intended for use by
12children under the age of 12, the following factors shall be
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
24person, firm, or corporation shall sell, have, offer for sale,
25or transfer the items listed in this Section that contain a
26total lead content in any component part of the item that is



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1more 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
3lead content as may be established by federal or State law or
4rule regulation unless that item bears a warning statement that
5indicates that at least one component part of the item contains
7    The warning statement for items covered under this
8subsection (b) shall contain at least the following: "WARNING:
11    An entity is in compliance with this subsection (b) if the
12warning statement is provided on the children's product or on
13the label on the immediate container of the children's product.
14This subsection (b) does not apply to any product for which
15federal law governs warning in a manner that preempts State
17    The warning statement required under this subsection (b) is
18not required if the component parts of the item containing lead
19are inaccessible to a child through normal and reasonably
20foreseeable use and abuse as defined by the United States
21Consumer Product Safety Commission.
22    The warning statement required under this subsection (b) is
23not required if the component parts in question are exempt from
24third-party testing as determined by the United States Consumer
25Product Safety Commission.
26    (c) Other lead bearing substance. No person, firm, or



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1corporation shall have, offer for sale, sell, or give away any
2lead bearing substance that may be used by the general public,
3except as otherwise provided in subsection (b) of this Section,
4unless it bears the warning statement as prescribed by federal
5rule regulation. (i) If no rule regulation is prescribed, the
6warning statement shall be as follows when the lead bearing
7substance is a lead-based paint or surface coating:
9Other Cautions on (Side or Back) Panel. Do not apply on toys,
10or other children's articles, furniture, or interior, or
11exterior exposed surfaces of any residential building or
12facility that may be occupied or used by children. KEEP OUT OF
13THE REACH OF CHILDREN.". (ii) If no rule regulation is
14prescribed, the warning statement shall be as follows when the
15lead bearing substance contains lead-based paint or a form of
16lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY
19    For the purposes of this subsection (c), the generic term
20of 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,
24or 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
9Federal Hazardous Substances Act constitutes compliance with
10this subsection (d).
11    (e) The manufacturer or importer of record shall be
12responsible for compliance with this Section.
13    (f) Subsection (c) of this Section does not apply to any
14component part of a consumer electronic product, including, but
15not limited to, personal computers, audio and video equipment,
16calculators, wireless phones, game consoles, and handheld
17devices incorporating a video screen used to access interactive
18software and their associated peripherals, that is not
19accessible to a child through normal and reasonably foreseeable
20use of the product. A component part is not accessible under
21this subsection (f) if the component part is not physically
22exposed by reason of a sealed covering or casing and does not
23become physically exposed through reasonably foreseeable use
24and abuse of the product. Paint, coatings, and electroplating,
25singularly or in any combination, are not sufficient to
26constitute a sealed covering or casing for purposes of this



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1Section. Coatings and electroplating are sufficient to
2constitute a sealed covering for connectors, power cords, USB
3cables, or other similar devices or components used in consumer
4electronics 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
9offers paint or other supplies intended for the removal of
10paint shall display, in a prominent and easily visible
11location, 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
21brochures that commercial establishments may use. The
22Department shall make these posters and brochures available in
23hard copy and via download from the Department's Internet
25    (c) A commercial establishment shall be deemed to be in



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1compliance with this Section if the commercial establishment
2displays lead poisoning prevention posters or provides
3brochures to its customers that meet the minimum requirements
4of this Section but come from a source other than the
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
9consultation with the Illinois Environmental Protection Agency
10IEPA, specify safety guidelines for workers undertaking
11removal or covering of leaded soil. Soil inspection
12requirements shall apply to inspection of regulated
13residential buildings or child care facilities subject to the
14requirements 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
19all its branches or health care provider who sees or treats or
20health care provider shall screen children 6 months through 6
21years of age or younger shall screen those children for lead
22poisoning when those children who are determined to reside in
23an area defined as high risk by the Department. Children
24residing in areas defined as low risk by the Department shall



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1be assessed for risk by the Childhood Lead Risk Questionnaire a
2risk assessment procedure developed by the Department.
3Children shall be screened, in accordance with guidelines and
4criteria set forth by the American Academy of Pediatrics, at
5the priority intervals and using the methods specified in the
7    (b) Each licensed, registered, or approved health care
8facility serving children from 6 months through 6 years of age
9or younger, including but not limited to, health departments,
10hospitals, clinics, and health maintenance organizations
11approved, registered, or licensed by the Department, shall take
12the appropriate steps to ensure that the patients receive lead
13poisoning screening, where medically indicated or appropriate.
14    (c) Children 7 6 years and older may also be screened by
15physicians or health care providers, in accordance with
16guidelines and criteria set forth by the American Academy of
17Pediatrics, according to the priority intervals specified in
18the guidelines. Physicians and health care providers shall also
19screen children for lead poisoning in conjunction with the
20school health examination, as required under the School Code,
21when, in the medical judgement of the physician, advanced
22practice nurse who has a written collaborative agreement with a
23collaborating physician that authorizes the advance practice
24nurse to perform health examinations, or physician assistant
25who has been delegated to perform health examinations by the
26supervising physician, the child is potentially at high risk of



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1lead poisoning.
2    (d) Nothing in this Section shall be construed to require
3any child to undergo a lead blood level screening or test whose
4parent or guardian objects on the grounds that the screening or
5test 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
9Healthcare and Family Services.
10    (a) The Director of Healthcare and Family Services shall
11provide, upon request of the Director of Public Health, an
12electronic record of all children 6 less than 7 years of age or
13younger who receive Medicaid, Kidcare, or other health care
14benefits from the Department of Healthcare and Family Services.
15The records shall include a history of claims filed for each
16child and the health care provider who rendered the services.
17On at least an annual basis, the Director of Public Health
18shall match the records provided by the Department of
19Healthcare and Family Services with the records of children
20receiving lead tests, as reported to the Department under
21Section 7 of this Act.
22    (b) The Director of Healthcare and Family Services shall
23prepare a report documenting the frequency of lead testing and
24elevated blood and lead levels among children receiving
25benefits from the Department of Healthcare and Family Services.



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1On at least an annual basis, the Director of Healthcare and
2Family Services shall prepare and deliver a report to each
3health care provider who has rendered services to children
4receiving benefits from the Department of Healthcare and Family
5Services. The report shall contain the aggregate number of
6children receiving benefits from the Department of Healthcare
7and Family Services to whom the provider has provided services,
8the number and percentage of children tested for lead
9poisoning, and the number and percentage of children having an
10elevated blood lead level. The Department of Public Health may
11exclude health care providers who provide specialized or
12emergency medical care and who are unlikely to be the primary
13medical care provider for a child. Upon the request of a
14provider, the Department of Public Health may generate a list
15of individual patients treated by that provider according to
16the 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
20information to remain confidential; disclosure prohibited.
21Every physician who diagnoses, or a health care provider,
22nurse, hospital administrator, or public health officer who has
23verified information of the existence of a blood lead test
24result for any child or pregnant person shall report the result
25to the Department. Results person found or suspected to have a



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1level of lead in the blood in excess of the permissible limits
2set forth in rules regulations adopted by the Department shall
3be reported to the Department , within 48 hours of receipt of
4verification. Reports , shall include report to the Department
5the name, address, laboratory results, date of birth, and any
6other information about the child or pregnant person deemed
7essential by the Department. Directors of clinical
8laboratories must report to the Department, within 48 hours of
9receipt of verification, elevated blood lead levels positive
10results of all blood lead analyses performed in their facility.
11The information included in the clinical laboratories report
12shall include, but not be limited to, the child's name,
13address, date of birth, name of physician ordering analysis,
14and specimen type. All blood lead levels less than the
15permissible limits set forth in rule negative results must be
16reported to the Department in accordance with rules adopted by
17the Department. These rules shall not require reporting in less
18than 30 days after the end of the month in which the negative
19results are obtained. All information obtained by the
20Department from any source and all information, data, reports,
21e-mails, letters, and other documents generated by the
22Department or any of its delegate agencies concerning any
23person with a blood lead level in excess of the permissible
24limits set forth in regulations adopted by the Department
25reports shall be treated in the same manner as information
26subject to the provisions of Part 21 of Article VIII of the



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1Code of Civil Procedure and shall not be disclosed. This
2prohibition on disclosure extends to all information and
3reports obtained or created by the Department or any of its
4delegate agencies concerning any regulated facility that has
5been identified as a potential lead hazard or a source of lead
6poisoning. Any physician, nurse, hospital administrator,
7director of a clinical laboratory, public health officer, or
8allied health professional making a report in good faith shall
9be immune from any civil or criminal liability that otherwise
10might 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
14lead level screening for admission. Each By January 1, 1993,
15each day care center, day care home, preschool, nursery school,
16kindergarten, or other child care facility, licensed or
17approved by the State, including such programs operated by a
18public school district, shall include a requirement that each
19parent or legal guardian of a child between the ages of 6
20months through 6 years of age or younger provide a statement
21from a physician or health care provider that the child has
22been screened or risk assessed for lead poisoning, as provided
23in Section 6.2, if the child resides in an area defined as low
24risk by the Department, or screened for lead poisoning as
25provided for in Section 6.2, if the child resides in an area



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1defined as high risk. This statement shall be provided prior to
2admission and subsequently in conjunction with required
3physical examinations.
4    Nothing in this Section shall be construed to require any
5child to undergo a lead blood level screening or test whose
6parent or guardian objects on the grounds that the screening or
7test conflicts with his or her religious beliefs.
8    Child care facilities that participate in the Illinois
9Child Care Assistance Program (CCAP) shall annually send or
10deliver to the parents or guardians of children enrolled in the
11facility's care an informational pamphlet regarding awareness
12of lead paint poisoning. Pamphlets shall be produced and made
13available by the Department and shall be downloadable from the
14Department's Internet website. The Department of Human
15Services and the Department of Public Health shall assist in
16the 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
20Poisoning Fund.
21    (a) The Department may establish fees according to a
22reasonable fee structure to cover the cost of providing a
23testing service for laboratory analysis of blood lead tests and
24any necessary follow-up. Fees collected from the Department's
25testing service shall be placed in a special fund in the State



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1treasury known as the Lead Poisoning Screening, Prevention, and
2Abatement Fund. Other State and federal funds for expenses
3related to lead poisoning screening, follow-up, treatment, and
4abatement programs may also be placed in the Fund. Moneys shall
5be appropriated from the Fund to the Department of Public
6Health solely for the implementation and enforcement of this
7Act the purposes of providing lead screening, follow-up, and
8treatment programs.
9    (b) The Department shall apply to the Department of
10Healthcare and Family Services for all approved lead screening
11and assessment activities for Medicaid-eligible children.
12Established Current Procedural Terminology (CPT) Codes shall
13be used to determine billable lead poisoning prevention
14services. Funds shall be placed in the Lead Poisoning
15Screening, Prevention, and Abatement Fund.
16    (c) Any delegate agency may establish fees, according to a
17reasonable fee structure, to cover the costs of drawing blood
18for 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
22an elevated blood lead level screening positive. A
23representative of the Department, or delegate agency, may,
24after notification that an occupant of a regulated facility the
25dwelling unit in question is found to have a blood lead value



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1as of the value set forth in Section 7, upon presentation of
2the appropriate credentials to the owner, occupant, or his
3representative, inspect regulated facilities dwelling or
4dwelling units, at reasonable times, for the purposes of
5ascertaining that all surfaces accessible to children are
6intact and in good repair, and for purposes of ascertaining the
7existence of lead bearing substances. Such representative of
8the Department, or delegate agency, may remove samples or
9objects necessary for laboratory analysis, in the
10determination of the presence of lead-bearing substances in the
11regulated facilities designated dwelling or dwelling unit.
12    If a regulated facility building is occupied by a child of
13less than 3 years of age with an elevated blood lead level
14screening positive, the Department, in addition to all other
15requirements of this Section, must inspect the regulated
16facility dwelling unit and common place area of the child with
17an elevated blood lead level screening positive.
18    Following the inspection, the Department or its delegate
19agency 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
25    (a) The By January 1, 1994, the Department shall establish



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1standards and licensing procedures for lead inspectors and lead
2risk assessors. An integral element of these procedures shall
3be an education and training program prescribed by the
4Department which shall include but not be limited to scientific
5sampling, chemistry, and construction techniques. No person
6shall make inspections or risk assessments without first being
7licensed by the Department. The penalty for inspection or risk
8assessment without a license shall be a Class A misdemeanor and
9an administrative fine.
10    (b) The Department shall charge licensed lead inspectors
11and lead risk assessors reasonable license fees and the fees
12shall be placed in the Lead Poisoning Screening, Prevention,
13and Abatement Fund and used to fund the Department's licensing
14of lead inspectors and lead risk assessors and any other
15activities prescribed by this Act. A licensed lead An inspector
16or lead risk assessor employed by the Department or its
17delegate 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
21that a situation exists that requires immediate action to
22protect the public health, it may, without notice or hearing,
23issue an order requiring that such action be taken as it may
24deem necessary to protect the public health, including, but not
25limited to, the issuance of a stop work order, ordering the



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1immediate suspension of any improper lead activities or
2renovation, and requiring that any person found to be
3improperly conducting lead activities immediately cease such
4activities. Notwithstanding any other provision in this Act,
5such order shall be effective immediately. The Attorney
6General, State's Attorney, or Sheriff of the county in which
7the property is located has authority to enforce the order
8after receiving notice thereof. Any person subject to such an
9order is entitled, upon written request to the Department, to a
10hearing 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
14Department or delegate agency shall serve a mitigation notice
15on the property owner that the owner is required to mitigate
16the lead hazard, and shall indicate the time period specified
17in this Section in which the owner must complete the
18mitigation. The notice shall include information describing
19mitigation activities which meet the requirements of this Act.
20    (2) If the inspection report identifies a lead hazard, the
21owner shall mitigate the lead hazard in a manner prescribed by
22the Department and within the time limit prescribed by this
23Section. The Department shall adopt rules regarding acceptable
24methods of mitigating a lead hazard. If the source of the lead
25hazard identified in the inspection report is lead paint or any



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1other leaded surface coating, the lead hazard shall be deemed
2to 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
14disturbance of any leaded surface shall be conducted by a
15licensed lead abatement contractor using licensed lead
16abatement workers. The Department may prescribe by rule
17mitigation activities that may be performed without a licensed
18lead abatement contractor, lead abatement supervisor, or lead
19abatement worker. The Department may, on a case by case basis,
20grant a waiver of the requirement to use licensed lead
21abatement contractors, lead abatement supervisors, and lead
22abatement workers, provided the waiver does not endanger the
23health or safety of humans.
24    (4) The Department shall establish procedures whereby an
25owner, after receiving a mitigation notice under this Section,
26may submit a mitigation plan to the Department or delegate



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1agency for review and approval.
2    (5) When a mitigation notice is issued for a regulated
3facility dwelling unit inspected as a result of an elevated
4blood lead level in a pregnant person woman or a child, or if
5the regulated facility dwelling unit is occupied by a child
6under 6 years of age or younger or a pregnant person woman, the
7owner shall mitigate the hazard within 30 days of receiving the
8notice; otherwise, the owner shall complete the mitigation
9within 90 days.
10    (6) An owner may apply to the Department or its delegate
11agency for an extension of the deadline for mitigation. If the
12Department or its delegate agency determines that the owner is
13making substantial progress toward mitigation, or that the
14failure to meet the deadline is the result of a shortage of
15licensed lead abatement contractors, lead abatement
16supervisors, or lead abatement workers, or that the failure to
17meet the deadline is because the owner is awaiting the review
18and approval of a mitigation plan, the Department or delegate
19agency may grant an extension of the deadline.
20    (7) The Department or its delegate agency may, after the
21deadline set for completion of mitigation, conduct a follow-up
22inspection of any regulated facility dwelling for which a
23mitigation notice was issued for the purpose of determining
24whether the mitigation actions required have been completed and
25whether the activities have sufficiently mitigated the lead
26hazard as provided under this Section. The Department or its



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1delegate agency may conduct a follow-up inspection upon the
2request of an owner or resident. If, upon completing the
3follow-up inspection, the Department or its delegate agency
4finds that the lead hazard for which the mitigation notice was
5issued is not mitigated, the Department or its delegate agency
6shall serve the owner with notice of the deficiency and a
7mitigation order. The order shall indicate the specific actions
8the owner must take to comply with the mitigation requirements
9of this Act, which may include lead abatement if lead abatement
10is the sole means by which the lead hazard can be mitigated.
11The order shall also include the date by which the mitigation
12shall be completed. If, upon completing the follow-up
13inspection, the Department or delegate agency finds that the
14mitigation requirements of this Act have been satisfied, the
15Department or delegate agency shall provide the owner with a
16certificate of compliance stating that the required mitigation
17has 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
21regulated facility dwelling unit or residential building who
22has received a mitigation notice under Section 9 of this Act
23shall, before entering into a lease agreement for the regulated
24facility dwelling unit for which the mitigation notice was
25issued, provide prospective lessees of that unit with written



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1notice that a lead hazard has previously been identified in the
2regulated facility dwelling unit, unless the owner has obtained
3a certificate of compliance for the unit under Section 9. An
4owner may satisfy this notice requirement by providing the
5prospective lessee with a copy of the inspection report
6prepared pursuant to Section 9.
7    Before entering into a residential lease agreement, all
8owners of regulated facilities residential buildings or
9dwelling units built before 1978 shall give prospective lessees
10information on the potential health hazards posed by lead in
11regulated facilities residential dwellings by providing the
12prospective lessee with a copy of a Department-approved an
13informational brochure prepared by the Department. Within one
14year of the effective date of this amendatory Act of 1992,
15owners of residential buildings or dwelling units built before
161978 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
20regulated facility dwelling unit or residential building who
21has received a mitigation notice under Section 9 of this Act
22shall post notices at all entrances to in common areas of the
23regulated facility building specifying the identified lead
24hazards. The posted notices, drafted by the Department and sent
25to the property owner with the notification of lead hazards,



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1shall 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
13mitigation order issued by the Department, the owner may remove
14the 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
18local government or health department approved by the
19Department for this purpose, shall report any violation of this
20Act to the State's Attorney of the county in which the
21regulated facility dwelling is located, who has then shall the
22authority to charge the owner with a Class A misdemeanor, and
23who shall take additional measures to ensure insure that rent
24is withheld from the owner by the occupants of the regulated
25facility dwelling or dwelling units affected, until the



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1mitigation requirements under Section 9 of this Act are
2complied with.
3    No tenant shall be evicted because an individual with an
4elevated blood lead level or with suspected lead poisoning
5resides in the regulated facility dwelling unit, or because
6rent is withheld under the provisions of this Act, or because
7of any action required of the dwelling owner of the regulated
8facility as a result of enforcement of this Act.
9    In cases where no action is taken which will result in the
10remedy of the hazard created by the lead-bearing substances
11within the stated time period, the local health officer and the
12local building officials may as practical utilize such
13community resources as are available to effect the relocation
14of the individuals who occupied the dwelling or dwelling unit
15affected 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
19hazards. All lead abatement and lead mitigation shall be
20accomplished in a manner prescribed by the Department, which
21will not endanger the health or well-being of residential
22building or dwelling unit occupants of regulated facilities,
23and will result in the safe removal from the premises, and the
24safe disposition, of flakes, chips, debris, dust, and other
25potentially harmful materials. The Department shall establish,



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1by rule, work practice requirements for lead abatement and lead
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
8Council created under subsection (c).
9    "Lead-Safe Housing Maintenance Standards" or "Standards"
10means standards developed by the Advisory Council pursuant to
11this Section.
12    "Low-income" means a household at or below 80% of the
13median income level for a given county as determined annually
14by the United States Department of Housing and Urban
16    "Primary prevention" means removing lead hazards before a
17child is poisoned rather than relying on identification of a
18lead poisoned child as the triggering event.
19    (c) The Lead-Safe Housing Advisory Council is created to
20advise the Department on lead poisoning prevention activities.
21The Advisory Council shall be chaired by the Director or his or
22her designee and the chair of the Illinois Lead Safe Housing
23Task Force and provided with administrative support by the
24Department. The Advisory Council shall be comprised of (i) the
25directors, or their designees, of the Illinois Housing
26Development Authority and the Environmental Protection Agency;



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1and (ii) the directors, or their designees, of public health
2departments of counties identified by the Department that
3contain communities with a concentration of high-risk,
4lead-contaminated properties.
5    The Advisory Council shall also include the following
6members 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
3shall submit a written report to the Governor and the General
4Assembly 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
23for property owners and tenants explaining the Standards and
24State and federal requirements for lead-safe housing.
25    The Advisory Council shall meet at least quarterly. Its
26members shall receive no compensation for their services, but



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1their reasonable travel expenses actually incurred shall be
2reimbursed 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
6abatement supervisors, and lead abatement workers. Except as
7otherwise provided in this Act, performing lead abatement or
8mitigation without a license is a Class A misdemeanor and is
9also subject to civil and administrative penalties. The
10Department shall provide by rule for the licensing of lead
11abatement contractors, lead abatement supervisors, and lead
12abatement workers and shall establish rules standards and
13procedures for the licensure. The Department may collect a
14reasonable fee for the licenses. The fees shall be deposited
15into the Lead Poisoning Screening, Prevention, and Abatement
16Fund and used by the Department for the costs of licensing lead
17abatement contractors and workers and other activities
18prescribed by this Act.
19    The Department shall promote and encourage minorities and
20females and minority and female owned entities to apply for
21licensure under this Act as either licensed lead abatement
22workers or licensed lead abatement contractors.
23    The Department may adopt any rules necessary to ensure
24proper implementation and administration of this Act and of the
25federal Toxic Substances Control Act, 15 USC 2682 and 2684, and



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1the rules adopted regulations promulgated thereunder: Lead;
2Requirements for Lead-Based Paint Activities (40 CFR 745). The
3application of this Section shall not be limited to the
4activities taken in regard to lead poisoned children and shall
5include all activities related to lead abatement, mitigation
6and training.
7    No person may act as a lead abatement contractor unless the
8person is licensed as a lead abatement contractor by the
9Department in accordance with this Act and the rules adopted
10under it.
11    No person may act as a lead abatement supervisor unless the
12person is licensed as a lead abatement supervisor by the
13Department in accordance with this Act and the rules adopted
14under it.
15    No person may act as a lead abatement worker unless the
16person is licensed as a lead abatement worker by the Department
17in accordance with this Act and the rules adopted under it.
18    Except as otherwise provided by Department rule, on and
19after the effective date of this amendatory Act of the 98th
20General Assembly, any licensing requirement adopted pursuant
21to this Section that may be satisfied by an industrial
22hygienist licensed pursuant to the Industrial Hygienists
23Licensure Act repealed in this amendatory Act may be satisfied
24by a Certified Industrial Hygienist certified by the American
25Board 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
4criminal 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
7civil fines against any licensee or any other person who
8violates this Act or the rules adopted under this Act. These
9fines may be assessed in addition to or in lieu of license
10suspensions or revocations and in addition to or in lieu of
11criminal sanctions. The amount of the administrative civil fine
12shall be determined by rules adopted by the Department. Each
13day a violation exists shall constitute a separate violation.
14The minimum civil fine shall be $50 per violation per day and
15the maximum civil fine shall be $5,000 per violation per day.
16Any civil fines so collected shall be deposited into the Lead
17Poisoning Screening, Prevention, and Abatement Fund
18established under Section 7.2 of this Act.
19    (c) The Director, after notice and opportunity for hearing,
20may deny, suspend, or revoke a license of a licensee or fine a
21licensee or any other person who has violated this Act or the
22rules adopted under this Act. Notice shall be provided by
23certified mail, return receipt requested, or by personal
24service, fixing a date, not less than 15 days from the date of
25such mailing or service, at which time the person shall be
26given an opportunity to request a hearing. Failure to request a



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1hearing within that time period constitutes a waiver of the
2right to a hearing. The hearing shall be conducted by the
3Director or by an individual designated in writing by the
4Director as a hearing officer to conduct the hearing. On the
5basis of any such hearing or upon default of the respondent,
6the Director shall make a determination specifying his or her
7findings and conclusions. A copy of the determination shall be
8sent by certified mail, return receipt requested, or served
9personally upon the respondent.
10    (d) The procedure governing hearings authorized by this
11Section shall be in accordance with rules adopted by the
12Department. A full and complete record shall be kept of all
13proceedings, including the notice of hearing, complaint, and
14all other documents in the nature of pleadings, written motions
15filed in the proceedings, and the report and orders of the
16Director and hearing officer. All testimony shall be reported,
17but need not be transcribed unless the decision is sought to be
18reviewed under the Administrative Review Law. A copy or copies
19of the transcript may be obtained by any interested party on
20payment of the cost of preparing the copy or copies. The
21Director or hearing officer shall, upon his or her own motion
22or on the written request of any party to the proceeding, issue
23subpoenas requiring the attendance and the giving of testimony
24by witnesses and subpoenas duces tecum requiring the production
25of books, papers, records, or memoranda. All subpoenas and
26subpoenas duces tecum issued under this Act may be served by



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1any person of legal age. The fees of witnesses for attendance
2and travel shall be the same as the fees of witnesses before
3the courts of this State, such fees to be paid when the witness
4is excused from further attendance. When the witness is
5subpoenaed at the instance of the Director or hearing officer,
6the fees shall be paid in the same manner as other expenses of
7the Department, and when the witness is subpoenaed at the
8instance of any other party to any such proceeding the
9Department may require that the cost of service of the subpoena
10or subpoena duces tecum and the fee of the witness be borne by
11the party at whose instance the witness is summoned. In such
12case, the Department in its discretion may require a deposit to
13cover the cost of such service and witness fees. A subpoena or
14subpoena duces tecum so issued pursuant to this subsection (d)
15shall be served in the same manner as a subpoena issued by a
16circuit court.
17    (e) Any circuit court of this State, upon the application
18of the Director or upon the application of any other party to
19the proceeding, may, in its discretion, compel the attendance
20of witnesses, the production of books, papers, records, or
21memoranda, and the giving of testimony before the Director or
22hearing officer conducting an investigation or holding a
23hearing authorized by this Act, by an attachment for contempt
24or otherwise, in the same manner as production of evidence may
25be compelled before the court.
26    (f) All final administrative decisions of the Department



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1under this Act shall be subject to judicial review pursuant to
2the provisions of the Administrative Review Law and the rules
3adopted under it. "Administrative decision" has the meaning
4ascribed to it in Section 3-101 of the Code of Civil Procedure.
5The Department is not required to certify any record or file
6any answer or otherwise appear in any proceeding for judicial
7review unless the party filing the complaint deposits with the
8clerk of the court the sum of $2 per page representing the
9costs of the certification. Failure on the part of the
10plaintiff to make such deposit shall be grounds for dismissal
11of the action.
12    (g) The State's Attorney of the county in which the
13violation occurred or the Attorney General shall bring such
14actions in the name of the people of the State of Illinois and
15may, in addition to other remedies provided in this Act, bring
16action for an injunction to restrain such violation, impose
17civil penalties, and enjoin the operation of any such person or
19    (410 ILCS 45/13)  (from Ch. 111 1/2, par. 1313)
20    Sec. 13. The Department is authorized to adopt promulgate
21reasonable rules and regulations for carrying out the
22provisions 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.
2The Department shall establish and publish rules regulations
3and guidelines governing permissible limits of lead in and
4about regulated facilities residential buildings and
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
17repealing Sections 9.2, 9.3, 11.2, and 12.



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2 Statutes amended in order of appearance
3    410 ILCS 45/2from Ch. 111 1/2, par. 1302
4    410 ILCS 45/3from Ch. 111 1/2, par. 1303
5    410 ILCS 45/5from Ch. 111 1/2, par. 1305
6    410 ILCS 45/6from Ch. 111 1/2, par. 1306
7    410 ILCS 45/6.01
8    410 ILCS 45/6.1from Ch. 111 1/2, par. 1306.1
9    410 ILCS 45/6.2from Ch. 111 1/2, par. 1306.2
10    410 ILCS 45/6.3
11    410 ILCS 45/7from Ch. 111 1/2, par. 1307
12    410 ILCS 45/7.1from Ch. 111 1/2, par. 1307.1
13    410 ILCS 45/7.2from Ch. 111 1/2, par. 1307.2
14    410 ILCS 45/8from Ch. 111 1/2, par. 1308
15    410 ILCS 45/8.1from Ch. 111 1/2, par. 1308.1
16    410 ILCS 45/8.3 new
17    410 ILCS 45/9from Ch. 111 1/2, par. 1309
18    410 ILCS 45/9.1from Ch. 111 1/2, par. 1309.1
19    410 ILCS 45/9.4
20    410 ILCS 45/10from Ch. 111 1/2, par. 1310
21    410 ILCS 45/11from Ch. 111 1/2, par. 1311
22    410 ILCS 45/11.05
23    410 ILCS 45/11.1from Ch. 111 1/2, par. 1311.1
24    410 ILCS 45/12.2 new
25    410 ILCS 45/13from Ch. 111 1/2, par. 1313



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1    410 ILCS 45/14from 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.