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




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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, 4, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1,
67.2, 8, 8.1, 8.2, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14
7and by 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
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    "Delegate agency" means a unit of local government or
23health department approved by the Department to carry out the



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



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1    "Exposed surface" means any interior or exterior surface of
2a dwelling or residential building.
3    "Lead abatement" means any approved work practices that
4will permanently eliminate lead exposure or remove the
5lead-bearing substances in a regulated facility. The
6Department shall establish by rule which work practices are
7approved or prohibited for lead abatement.
8    "Lead abatement contractor" means any person or entity
9licensed by the Department to perform lead abatement and
11    "Lead abatement supervisor" means any person employed by a
12lead abatement contractor and licensed by the Department to
13perform lead abatement and lead mitigation and to supervise
14lead workers who perform lead abatement and lead mitigation.
15    "Lead abatement worker" means any person employed by a lead
16abatement contractor and licensed by the Department to perform
17lead abatement and mitigation.
18    "Lead activities" means the conduct of any lead services,
19including, lead inspection, lead risk assessment, lead
20mitigation, or lead abatement work or supervision in a
21regulated facility.
22    "Lead-bearing substance" "Lead bearing substance" means
23any item containing or coated with lead such that the lead
24content is more than six-hundredths of one percent (0.06%) lead
25by total weight; or any dust on surfaces or in furniture or
26other nonpermanent elements of the regulated facility



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1dwelling; or any paint or other surface coating material
2containing more than five-tenths of one percent (0.5%) lead by
3total weight (calculated as lead metal) in the total
4non-volatile content of liquid paint; or lead-bearing lead
5bearing substances containing greater than one milligram per
6square centimeter or any lower standard for lead content in
7residential paint as may be established by federal law or rule
8regulation; or more than 1 milligram per square centimeter in
9the dried film of paint or previously applied substance; or
10item or dust on item containing lead in excess of the amount
11specified in the rules and regulations authorized by this Act
12or a lower standard for lead content as may be established by
13federal law or rule regulation. "Lead-bearing substance" "Lead
14bearing substance" does not include firearm ammunition or
15components as defined by the Firearm Owners Identification Card
17    "Lead hazard" means a lead-bearing lead bearing substance
18that poses an immediate health hazard to humans.
19    "Lead hazard screen" means a lead risk assessment that
20involves limited dust and paint sampling for lead-bearing
21substances and lead hazards. This service is used as a
22screening tool designed to determine if further lead
23investigative services are required for the regulated
25    "Lead inspection" means a surface-by-surface investigation
26to determine the presence of lead-based paint.



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1    "Lead inspector" means an individual who has been trained
2by a Department-approved training program and is licensed by
3the Department to conduct lead inspections; to sample for the
4presence of lead in paint, dust, soil, and water; and to
5conduct compliance investigations.
6    "Lead mitigation" means the remediation, in a manner
7described in Section 9, of a lead hazard so that the
8lead-bearing substance does not pose an immediate health hazard
9to humans.
10    "Lead poisoning" means the condition of having blood lead
11levels in excess of those considered safe under State and
12federal rules and regulations.
13    "Low risk area" means an area in the State determined by
14the Department to be low risk for lead exposure for children
15through 6 years of age. The Department shall consider the
16factors named in "high risk area" to determine low risk areas.
17    "Mitigation" means the remediation, in a manner described
18in Section 9, of a lead hazard so that the lead bearing
19substance does not pose an immediate health hazard to humans.
20    "Lead risk assessment" means an on-site investigation to
21determine the existence, nature, severity, and location of lead
22hazards. "Lead risk assessment" includes any lead sampling and
23visual assessment associated with conducting a lead risk
24assessment and lead hazard screen and all lead sampling
25associated with compliance investigations.
26    "Lead risk assessor" means an individual who has been



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1trained by a Department-approved training program and is
2licensed by the Department to conduct lead risk assessments,
3lead inspections, and lead hazard screens; to sample for the
4presence of lead in paint, dust, soil, water, and sources for
5lead-bearing substances; and to conduct compliance
7    "Lead training program provider" means any person
8providing Department-approved lead training in Illinois to
9individuals seeking licensure in accordance with the Act.
10    "Low risk area" means an area in the State determined by
11the Department to be low risk for lead exposure for children 6
12years of age or younger. The Department may consider the
13factors named in "high risk area" to determine low risk areas.
14    "Owner" means any person, who alone, jointly, or severally
15with others:
16        (a) Has legal title to any regulated facility dwelling
17    or residential building, with or without accompanying
18    actual possession of the regulated facility dwelling or
19    residential building, or
20        (b) Has charge, care, or control of the regulated
21    facility dwelling or residential building as owner or agent
22    of the owner, or as executor, administrator, trustee, or
23    guardian of the estate of the owner.
24    "Person" means any individual, partnership, firm, company,
25limited liability company, corporation, association, joint
26stock company, trust, estate, political subdivision, State



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1agency, or any other legal entity, or their legal
2representative, agent, or assign one or more natural persons,
3legal entities, governmental bodies, or any combination.
4    "Regulated facility" means a residential building or child
5care facility.
6    "Residential building" means any room, group of rooms, or
7other interior areas of a structure designed or used for human
8habitation; common areas accessible by inhabitants; and the
9surrounding property or structures.
10    "Risk assessment" means a questionnaire to be developed by
11the Department for use by physicians and other health care
12providers to determine risk factors for children through 6
13years of age residing in areas designated as low risk for lead
15(Source: P.A. 94-879, eff. 6-20-06.)
16    (410 ILCS 45/3)  (from Ch. 111 1/2, par. 1303)
17    Sec. 3. Lead-bearing Lead bearing substance use. No person
18shall use or apply lead-bearing lead bearing substances:
19    (a) In or upon any exposed surface of a regulated facility
20dwelling or dwelling unit;
21    (b) (Blank) In or around the exposed surfaces of a child
22care facility or other structure frequented by children;
23    (c) In or upon any fixtures or other objects used,
24installed, or located in or upon any exposed surface of a
25regulated facility dwelling or residential building, or child



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1care facility, or intended to be so used, installed, or located
2and that, in the ordinary course of use, are accessible to or
3chewable by children;
4    (d) In or upon any items, including, but not limited to,
5clothing, accessories, jewelry, decorative objects, edible
6items, candy, food, dietary supplements, toys, furniture, or
7other articles used by or intended to be chewable by children;
8    (e) Within or upon a regulated facility residential
9building or dwelling, child care facility, school, playground,
10park, or recreational area, or other areas regularly frequented
11by children.
12(Source: P.A. 94-879, eff. 6-20-06.)
13    (410 ILCS 45/4)  (from Ch. 111 1/2, par. 1304)
14    Sec. 4. Sale of items containing lead-bearing lead bearing
15substance. No person shall sell, have, offer for sale, or
16transfer toys, furniture, clothing, accessories, jewelry,
17decorative objects, edible items, candy, food, dietary
18supplements, or other articles used by or intended to be
19chewable by children that contains a lead-bearing lead bearing
21(Source: P.A. 94-879, eff. 6-20-06.)
22    (410 ILCS 45/5)  (from Ch. 111 1/2, par. 1305)
23    Sec. 5. Sale of objects containing lead-bearing lead
24bearing substance. No person shall sell or transfer or offer



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1for sale or transfer any fixtures or other objects intended to
2be used, installed, or located in or upon any surface of a
3regulated facility dwelling or residential building, or child
4care facility, that contains a lead-bearing lead bearing
5substance and that, in the ordinary course of use, are
6accessible to or chewable by children.
7(Source: P.A. 94-879, eff. 6-20-06.)
8    (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)
9    Sec. 6. Warning statement.
10    (a) Definitions. As used in this Section:
11    "Body piercing jewelry" means any part of jewelry that is
12manufactured or sold for placement in a new piercing or a
13mucous membrane, but does not include any part of that jewelry
14that is not placed within a new piercing or a mucous membrane.
15    "Children's jewelry" means jewelry that is made for,
16marketed for use by, or marketed to children under the age of
1712 and includes jewelry that meets any of the following
19        (1) represented in its packaging, display, or
20    advertising as appropriate for use by children under the
21    age of 12;
22        (2) sold in conjunction with, attached to, or packaged
23    together with other products that are packaged, displayed,
24    or advertised as appropriate for use by children under the
25    age of 12;



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1        (3) sized for children and not intended for use by
2    adults; or
3        (4) sold in any of the following places: a vending
4    machine; a retail store, catalogue, or online Web site in
5    which a person exclusively offers for sale products that
6    are packaged, displayed, or advertised as appropriate for
7    use by children; or a discrete portion of a retail store,
8    catalogue, or online Web site in which a person offers for
9    sale products that are packaged, displayed or advertised as
10    appropriate for use by children.
11    "Child care article" means an item that is designed or
12intended by the manufacturer to facilitate the sleep,
13relaxation, or feeding of children under the age of 6 years of
14age or younger or to help with children under the age of 6
15years of age or younger who are sucking or teething. An item
16meets this definition if it is (i) designed or intended to be
17used directly in the mouth by the child or (ii) is used to
18facilitate sleep, relaxation, or feeding of children under the
19age of 6 years of age or younger or help with children under
20the age of 6 years of age or younger who are sucking or
21teething and, because of its proximity to the child, is likely
22to be mouthed, chewed, sucked, or licked.
23    "Jewelry" means any of the following ornaments worn by a
25        (A) Ankle bracelet.
26        (B) Arm cuff.



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1        (C) Bracelet.
2        (D) Brooch.
3        (E) Chain.
4        (F) Crown.
5        (G) Cuff link.
6        (H) Hair accessory.
7        (I) Earring.
8        (J) Necklace.
9        (K) Decorative pin.
10        (L) Ring.
11        (M) Body piercing jewelry.
12        (N) Jewelry placed in the mouth for display or
13    ornament.
14        (O) Any charm, bead, chain, link, pendant, or other
15    component of the items listed in this definition.
16        (P) A charm, bead, chain, link, pendant, or other
17    attachment to shoes or clothing that can be removed and may
18    be used as a component of an item listed in this
19    definition.
20        (Q) A watch in which a timepiece is a component of an
21    item listed in this definition, excluding the timepiece
22    itself if the timepiece can be removed from the ornament.
23    "Toy containing paint" means a toy with an accessible
24component containing any external coating, including, but not
25limited to, paint, ink, lacquer, or screen printing, designed
26for or intended for use by children under the age of 12 at



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1play. For the purposes of this Section, "toy" is any object
2designed, manufactured, or marketed as a plaything for children
3under the age of 12 and is excluded from the definitions of
4"child care article" and "jewelry". In determining whether a
5toy containing paint is designed for or intended for use by
6children under the age of 12, the following factors shall be
8        (i) a statement by a manufacturer about the intended
9    use of the product, including a label on the product, if
10    such statement is reasonable;
11        (ii) whether the product is represented in its
12    packaging, display, promotion, or advertising as
13    appropriate for children under the age of 12; and
14        (iii) whether the product is commonly recognized by
15    consumers as being intended for use by a child under the
16    age of 12.
17    (b) Children's products. Effective January 1, 2010, no
18person, firm, or corporation shall sell, have, offer for sale,
19or transfer the items listed in this Section that contain a
20total lead content in any component part of the item that is
21more than 0.004% (40 parts per million) but less than 0.06%
22(600 parts per million) by total weight or a lower standard for
23lead content as may be established by federal or State law or
24rule regulation unless that item bears a warning statement that
25indicates that at least one component part of the item contains



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1    The warning statement for items covered under this
2subsection (b) shall contain at least the following: "WARNING:
5    An entity is in compliance with this subsection (b) if the
6warning statement is provided on the children's product or on
7the label on the immediate container of the children's product.
8This subsection (b) does not apply to any product for which
9federal law governs warning in a manner that preempts State
11    The warning statement required under this subsection (b) is
12not required if the component parts of the item containing lead
13are inaccessible to a child through normal and reasonably
14foreseeable use and abuse as defined by the United States
15Consumer Product Safety Commission.
16    The warning statement required under this subsection (b) is
17not required if the component parts in question are exempt from
18third-party testing as determined by the United States Consumer
19Product Safety Commission.
20    (c) Other lead-bearing lead bearing substance. No person,
21firm, or corporation shall have, offer for sale, sell, or give
22away any lead-bearing lead bearing substance that may be used
23by the general public, except as otherwise provided in
24subsection (b) of this Section, unless it bears the warning
25statement as prescribed by federal rule regulation. (i) If no
26rule regulation is prescribed, the warning statement shall be



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1as follows when the lead-bearing lead bearing substance is a
2lead-based paint or surface coating: "WARNING--CONTAINS LEAD.
3MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on (Side
4or Back) Panel. Do not apply on toys, or other children's
5articles, furniture, or interior, or exterior exposed surfaces
6of any residential building or facility that may be occupied or
7used by children. KEEP OUT OF THE REACH OF CHILDREN.". (ii) If
8no rule regulation is prescribed, the warning statement shall
9be as follows when the lead-bearing lead bearing substance
10contains lead-based paint or a form of lead other than
14    For the purposes of this subsection (c), the generic term
15of a product, such as "paint" may be substituted for the word
16"substance" in the above labeling.
17    (d) The warning statements on items covered in subsections
18(a), (b), and (c) of this Section shall be in accordance with,
19or substantially similar to, the following:
20        (1) the statement shall be located in a prominent place
21    on the item or package such that consumers are likely to
22    see the statement when it is examined under retail
23    conditions;
24        (2) the statement shall be conspicuous and not obscured
25    by other written matter;
26        (3) the statement shall be legible; and



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1        (4) the statement shall contrast with the typography,
2    layout and color of the other printed matter.
3    Compliance with 16 C.F.R. 1500.121 adopted under the
4Federal Hazardous Substances Act constitutes compliance with
5this subsection (d).
6    (e) The manufacturer or importer of record shall be
7responsible for compliance with this Section.
8    (f) Subsection (c) of this Section does not apply to any
9component part of a consumer electronic product, including, but
10not limited to, personal computers, audio and video equipment,
11calculators, wireless phones, game consoles, and handheld
12devices incorporating a video screen used to access interactive
13software and their associated peripherals, that is not
14accessible to a child through normal and reasonably foreseeable
15use of the product. A component part is not accessible under
16this subsection (f) if the component part is not physically
17exposed by reason of a sealed covering or casing and does not
18become physically exposed through reasonably foreseeable use
19and abuse of the product. Paint, coatings, and electroplating,
20singularly or in any combination, are not sufficient to
21constitute a sealed covering or casing for purposes of this
22Section. Coatings and electroplating are sufficient to
23constitute a sealed covering for connectors, power cords, USB
24cables, or other similar devices or components used in consumer
25electronics products.
26(Source: P.A. 97-612, eff. 1-1-12.)



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1    (410 ILCS 45/6.01)
2    Sec. 6.01. Warning statement where supplies sold.
3    (a) Any retailer, store, or commercial establishment that
4offers paint or other supplies intended for the removal of
5paint shall display, in a prominent and easily visible
6location, a poster containing, at a minimum, the following:
7        (1) a statement that dry sanding and dry scraping of
8    paint in regulated facilities dwellings built before 1978
9    is dangerous;
10        (2) a statement that the improper removal of old paint
11    is a significant source of lead dust and the primary cause
12    of lead poisoning; and
13        (3) contact information where consumers can obtain
14    more information.
15    (b) The Department shall provide sample posters and
16brochures that commercial establishments may use. The
17Department shall make these posters and brochures available in
18hard copy and via download from the Department's Internet
20    (c) A commercial establishment shall be deemed to be in
21compliance with this Section if the commercial establishment
22displays lead poisoning prevention posters or provides
23brochures to its customers that meet the minimum requirements
24of this Section but come from a source other than the



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1(Source: P.A. 94-879, eff. 6-20-06.)
2    (410 ILCS 45/6.1)  (from Ch. 111 1/2, par. 1306.1)
3    Sec. 6.1. Removal of leaded soil. The Department shall, in
4consultation with the Illinois Environmental Protection Agency
5IEPA, specify safety guidelines for workers undertaking
6removal or covering of leaded soil. Soil inspection
7requirements shall apply to inspection of regulated
8residential buildings or child care facilities subject to the
9requirements of this Section.
10(Source: P.A. 87-175.)
11    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
12    Sec. 6.2. Testing Physicians to screen children and
13pregnant persons.
14    (a) Any Every physician licensed to practice medicine in
15all its branches or health care provider who sees or treats or
16health care provider shall screen children 6 months through 6
17years of age or younger shall test those children for lead
18poisoning when those children who are determined to reside in
19an area defined as high risk by the Department. Children
20residing in areas defined as low risk by the Department shall
21be evaluated assessed for risk by the Childhood Lead Risk
22Questionnaire a risk assessment procedure developed by the
23Department and tested if indicated. Children shall be evaluated
24screened, in accordance with rules adopted by the Department



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1guidelines and criteria set forth by the American Academy of
2Pediatrics, at the priority intervals and using the methods
3specified in the guidelines.
4    (b) Each licensed, registered, or approved health care
5facility serving children from 6 months through 6 years of age
6or younger, including but not limited to, health departments,
7hospitals, clinics, and health maintenance organizations
8approved, registered, or licensed by the Department, shall take
9the appropriate steps to ensure that children 6 years of age or
10younger be evaluated for risk or tested for the patients
11receive lead poisoning or both screening, where medically
12indicated or appropriate.
13    (c) Children 7 6 years and older and pregnant persons may
14also be tested screened by physicians or health care providers,
15in accordance with rules adopted by the Department guidelines
16and criteria set forth by the American Academy of Pediatrics,
17according to the priority intervals specified in the
18guidelines. Physicians and health care providers shall also
19evaluate screen children for lead poisoning in conjunction with
20the school health examination, as required under the School
21Code, when, 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) (Blank). Nothing in this Section shall be construed to
3require any child to undergo a lead blood level screening or
4test whose parent or guardian objects on the grounds that the
5screening or 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
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, positive results of all blood lead
10analyses above permissible limits set forth in rule performed
11in their facility. The information included in the clinical
12laboratories report shall include, but not be limited to, the
13child's name, address, date of birth, name of physician
14ordering analysis, and specimen type. All blood lead levels
15less than the permissible limits set forth in rule negative
16results must be reported to the Department in accordance with
17rules adopted by the Department. These rules shall not require
18reporting in less than 30 days after the end of the month in
19which the negative results are obtained. All information
20obtained by the Department from any source and all information,
21data, reports, e-mails, letters, and other documents generated
22by the Department or any of its delegate agencies concerning
23any person subject to this Act receiving a blood lead test
24reports shall be treated in the same manner as information
25subject to the provisions of Part 21 of Article VIII of the
26Code of Civil Procedure and shall not be disclosed. This



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1prohibition on disclosure extends to all information and
2reports obtained or created by the Department or any of its
3delegate agencies concerning any regulated facility that has
4been identified as a potential lead hazard or a source of lead
5poisoning. Any physician, nurse, hospital administrator,
6director of a clinical laboratory, public health officer, or
7allied health professional making a report in good faith shall
8be immune from any civil or criminal liability that otherwise
9might be incurred from the making of a report.
10(Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
11    (410 ILCS 45/7.1)  (from Ch. 111 1/2, par. 1307.1)
12    Sec. 7.1. Requirements for child Child care facilities must
13require lead blood level screening for admission. Each By
14January 1, 1993, each day care center, day care home,
15preschool, nursery school, kindergarten, or other child care
16facility, licensed or approved by the State, including such
17programs operated by a public school district, shall include a
18requirement that each parent or legal guardian of a child
19between one and 7 between the ages of 6 months through 6 years
20of age provide a statement from a physician or health care
21provider that the child has been risk assessed for risk of lead
22poisoning or tested or both, as provided in Section 6.2, if the
23child resides in an area defined as low risk by the Department,
24or screened for lead poisoning as provided for in Section 6.2,
25if the child resides in an area defined as high risk. This



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1statement shall be provided prior to admission and subsequently
2in conjunction with required physical examinations.
3    Nothing in this Section shall be construed to require any
4child to undergo a lead blood level screening or test whose
5parent or guardian objects on the grounds that the screening or
6test conflicts with his or her religious beliefs.
7    Child care facilities that participate in the Illinois
8Child Care Assistance Program (CCAP) shall annually send or
9deliver to the parents or guardians of children enrolled in the
10facility's care an informational pamphlet regarding awareness
11of lead paint poisoning. Pamphlets shall be produced and made
12available by the Department and shall be downloadable from the
13Department's Internet website. The Department of Human
14Services and the Department of Public Health shall assist in
15the distribution of the pamphlet.
16(Source: P.A. 94-879, eff. 6-20-06.)
17    (410 ILCS 45/7.2)  (from Ch. 111 1/2, par. 1307.2)
18    Sec. 7.2. Laboratory fees for blood lead testing screening;
19Lead Poisoning Fund.
20    (a) The Department may establish fees according to a
21reasonable fee structure to cover the cost of providing a
22testing service for laboratory analysis of blood lead tests and
23any necessary follow-up. Fees collected from the Department's
24testing service shall be placed in a special fund in the State
25treasury known as the Lead Poisoning Screening, Prevention, and



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



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1is found to have an elevated a blood lead level as value of the
2value set forth in Section 7, upon presentation of the
3appropriate credentials to the owner, occupant, or his
4representative, inspect the affected dwelling units dwelling
5or dwelling units, at reasonable times, for the purposes of
6ascertaining that all surfaces accessible to children are
7intact and in good repair, and for purposes of ascertaining the
8existence of lead-bearing lead bearing substances. Such
9representative of the Department, or delegate agency, may
10remove samples or objects necessary for laboratory analysis, in
11the determination of the presence of lead-bearing substances in
12the regulated facilities designated dwelling or dwelling unit.
13    If a regulated facility building is occupied by a child of
14less than 3 years of age with an elevated blood lead level
15screening positive, the Department, in addition to all other
16requirements of this Section, must inspect the dwelling unit
17and common place area of the child with an elevated blood lead
18level screening positive.
19    Following the inspection, the Department or its delegate
20agency shall:
21        (1) Prepare an inspection report which shall:
22            (A) State the address of the 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 lead
26        bearing substance in the dwelling unit.



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1            (C) State whether any lead-bearing lead bearing
2        substances were found in the dwelling unit.
3            (D) Describe the nature, extent, and location of
4        any lead-bearing 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    dwelling unit. If a lead-bearing lead bearing substance is
18    found, at the time of providing a copy of the inspection
19    report, the Department or its delegate agency shall attach
20    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 45/8.2)  (from Ch. 111 1/2, par. 1308.2)
20    Sec. 8.2. Warrant procedures. If the occupant of a
21regulated facility residential building or dwelling designated
22for inspection under Section 8 refuses to allow inspection, an
23agent of the Department or of the Department's delegate agency
24may apply for a search warrant to permit entry. A court may
25issue a warrant upon receiving verification a showing that a



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1victim of lead poisoning resides or has recently resided in the
2regulated facility during the previous 6 months residential
3building. The findings of the inspection shall be reported to
4the Department and to the appropriate enforcement authorities
5established in this Act.
6(Source: P.A. 87-175.)
7    (410 ILCS 45/8.3 new)
8    Sec. 8.3. Stop work orders. Whenever the Department or its
9delegate agency finds that a situation exists that requires
10immediate action to protect the public health, it may, without
11notice or hearing, issue an order requiring that such action be
12taken as it may deem necessary to protect the public health,
13including, but not limited to, the issuance of a stop work
14order, ordering the immediate suspension of any improper
15activities that may disturb a lead-bearing surface, and
16requiring that any person found to be improperly conducting
17such activities immediately cease work. Notwithstanding any
18other provision in this Act, such order shall be effective
19immediately. The Attorney General, State's Attorney, or
20Sheriff of the county in which the property is located has
21authority to enforce the order after receiving notice thereof.
22Any person subject to such an order is entitled, upon written
23request to the Department, to a hearing to determine the
24continued validity of the order.



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1    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
2    Sec. 9. Procedures upon determination of lead hazard.
3    (1) If the inspection report identifies a lead hazard, the
4Department or delegate agency shall serve a mitigation notice
5on the property owner that the owner is required to mitigate
6the lead hazard, and shall indicate the time period specified
7in this Section in which the owner must complete the
8mitigation. The notice shall include information describing
9mitigation activities which meet the requirements of this Act.
10    (2) If the inspection report identifies a lead hazard, the
11owner shall mitigate the lead hazard in a manner prescribed by
12the Department and within the time limit prescribed by this
13Section. The Department shall adopt rules regarding acceptable
14methods of mitigating a lead hazard. If the source of the lead
15hazard identified in the inspection report is lead paint or any
16other lead-bearing leaded surface coating, the lead hazard
17shall be deemed to have been mitigated if:
18        (A) the The surface identified as the source of the
19    lead hazard is no longer in a condition that produces a
20    hazardous level of lead leaded chips, flakes, dust or any
21    other form of lead-bearing leaded substance, that can be
22    ingested or inhaled by humans, or;
23        (B) If the surface identified as the source of the lead
24    hazard is no longer accessible to children and could not
25    reasonably be chewed on by children; or , the surface
26    coating is either removed or covered, the surface is



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1    removed, or the access to the leaded surface by children is
2    otherwise prevented as prescribed by the Department.
3        (C) the surface coating identified as the source of the
4    lead hazard is either removed or covered, or child access
5    to the lead-bearing surface is otherwise prevented as
6    prescribed by the Department.
7    (3) Mitigation activities which involve the destruction or
8disturbance of any lead-bearing leaded surface shall be
9conducted by a licensed lead abatement contractor using
10licensed lead abatement supervisors or lead abatement workers.
11The Department may prescribe by rule mitigation activities that
12may be performed without a licensed lead abatement contractor,
13lead abatement supervisor, or lead abatement worker. The
14Department may, on a case by case basis, grant a waiver of the
15requirement to use licensed lead abatement contractors, lead
16abatement supervisors, and lead abatement workers, provided
17the waiver does not endanger the health or safety of humans.
18    (4) The Department shall establish procedures whereby an
19owner, after receiving a mitigation notice under this Section,
20may submit a mitigation plan to the Department or delegate
21agency for review and approval.
22    (5) When a mitigation notice is issued for a dwelling unit
23inspected as a result of an elevated blood lead level in a
24pregnant person woman or a child, or if the dwelling unit is
25occupied by a child under 6 years of age or younger or a
26pregnant person woman, the owner shall mitigate the hazard



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1within 30 days of receiving the notice; when no such child or
2pregnant person occupies the dwelling unit otherwise, the owner
3shall complete the mitigation within 90 days.
4    (6) An owner may apply to the Department or its delegate
5agency for an extension of the deadline for mitigation. If the
6Department or its delegate agency determines that the owner is
7making substantial progress toward mitigation, or that the
8failure to meet the deadline is the result of a shortage of
9licensed lead abatement contractors, lead abatement
10supervisors, or lead abatement workers, or that the failure to
11meet the deadline is because the owner is awaiting the review
12and approval of a mitigation plan, the Department or delegate
13agency may grant an extension of the deadline.
14    (7) The Department or its delegate agency may, after the
15deadline set for completion of mitigation, conduct a follow-up
16inspection of any dwelling unit for which a mitigation notice
17was issued for the purpose of determining whether the
18mitigation actions required have been completed and whether the
19activities have sufficiently mitigated the lead hazard as
20provided under this Section. The Department or its delegate
21agency may conduct a follow-up inspection upon the request of
22an owner or resident. If, upon completing the follow-up
23inspection, the Department or its delegate agency finds that
24the lead hazard for which the mitigation notice was issued is
25not mitigated, the Department or its delegate agency shall
26serve the owner with notice of the deficiency and a mitigation



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1order. The order shall indicate the specific actions the owner
2must take to comply with the mitigation requirements of this
3Act, which may include lead abatement if lead abatement is the
4sole means by which the lead hazard can be mitigated. The order
5shall also include the date by which the mitigation shall be
6completed. If, upon completing the follow-up inspection, the
7Department or delegate agency finds that the mitigation
8requirements of this Act have been satisfied, the Department or
9delegate agency shall provide the owner with a certificate of
10compliance stating that the required mitigation has been
12(Source: P.A. 87-175; 87-1144.)
13    (410 ILCS 45/9.1)  (from Ch. 111 1/2, par. 1309.1)
14    Sec. 9.1. Owner's obligation to give notice. An owner of a
15regulated facility dwelling unit or residential building who
16has received a mitigation notice under Section 9 of this Act
17shall, before entering into a new lease agreement or sales
18contract for the dwelling unit for which the mitigation notice
19was issued, provide prospective lessees or purchasers of that
20unit with written notice that a lead hazard has previously been
21identified in the dwelling unit, unless the owner has obtained
22a certificate of compliance for the unit under Section 9. An
23owner may satisfy this notice requirement by providing the
24prospective lessee or purchaser with a copy of the inspection
25report prepared pursuant to Section 9.



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1    Before entering into a residential lease agreement or sales
2contract, all owners of regulated facilities containing
3dwelling units residential buildings or dwelling units built
4before 1978 shall give prospective lessees or purchasers
5information on the potential health hazards posed by lead in
6regulated facilities residential dwellings by providing the
7prospective lessees or purchasers lessee with a copy of an
8informational brochure prepared by the Department. Within one
9year of the effective date of this amendatory Act of 1992,
10owners of residential buildings or dwelling units built before
111978 shall provide current lessees with such brochure.
12(Source: P.A. 87-1144.)
13    (410 ILCS 45/9.4)
14    Sec. 9.4. Owner's obligation to post notice. The owner of a
15regulated facility dwelling unit or residential building who
16has received a mitigation notice under Section 9 of this Act
17shall post notices at all entrances to in common areas of the
18regulated facility building specifying the identified lead
19hazards. The posted notices, drafted by the Department and sent
20to the property owner with the notification of lead hazards,
21shall indicate the following:
22        (1) that a unit or units in the building have been
23    found to have lead hazards;
24        (2) that other units in the building may have lead
25    hazards;



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1        (3) that the Department recommends that children 6
2    years of age or younger receive a blood lead testing
3    screening;
4        (4) where to seek further information; and
5        (5) whether 2 or more mitigation notices have been
6    issued for the regulated facility 2 or more dwelling units
7    within a 5-year period of time.
8    Once the owner has complied with a mitigation notice or
9mitigation order issued by the Department, the owner may remove
10the notices posted pursuant to this Section.
11(Source: P.A. 94-879, eff. 6-20-06.)
12    (410 ILCS 45/10)  (from Ch. 111 1/2, par. 1310)
13    Sec. 10. The Department, or representative of a unit of
14local government or health department approved by the
15Department for this purpose, shall report any violation of this
16Act to the State's Attorney of the county in which the
17regulated facility dwelling is located, who has then shall the
18authority to charge the owner with a Class A misdemeanor, and
19who shall take additional measures to ensure insure that rent
20is withheld from the owner by the occupants of the dwelling or
21dwelling units affected, until the mitigation requirements
22under Section 9 of this Act are complied with.
23    No tenant shall be evicted because an individual with an
24elevated blood lead level or with suspected lead poisoning
25resides in the dwelling unit, or because rent is withheld under



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1the provisions of this Act, or because of any action required
2of the dwelling owner of the regulated facility as a result of
3enforcement of this Act.
4    In cases where no action is taken which will result in the
5remedy of the hazard created by the lead-bearing substances
6within the stated time period, the local health officer and the
7local building officials may as practical utilize such
8community resources as are available to effect the relocation
9of the individuals who occupied the dwelling or dwelling unit
10affected until the remedy is made by the owner.
11(Source: P.A. 87-175; 87-1144.)
12    (410 ILCS 45/11)  (from Ch. 111 1/2, par. 1311)
13    Sec. 11. Lead abatement; Manner of mitigation of lead
14hazards. All lead abatement and lead mitigation shall be
15accomplished in a manner prescribed by the Department, which
16will not endanger the health or well-being of residential
17building or dwelling unit occupants of regulated facilities,
18and will result in the safe removal from the premises, and the
19safe disposition, of flakes, chips, debris, dust, and other
20potentially harmful materials. The Department shall establish,
21by rule, work practice requirements for lead abatement and lead
23(Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
24    (410 ILCS 45/11.05)



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1    Sec. 11.05. Advisory Council.
2    (a) The General Assembly finds the following:
3        (1) Lead-based paint poisoning is a potentially
4    devastating but preventable disease and is the number one
5    environmental threat to children's health in the United
6    States.
7        (2) The number of lead-poisoned children in Illinois is
8    among the highest in the nation, especially in older,
9    affordable properties.
10        (3) Lead poisoning causes irreversible damage to the
11    development of a child's nervous system. Even at low and
12    moderate levels, lead poisoning causes learning
13    disabilities, speech problems, shortened attention span,
14    hyperactivity, and behavioral problems. Recent research
15    links high levels of lead exposure to lower IQ scores and
16    to juvenile delinquency.
17        (4) Older housing is the number one risk factor for
18    childhood lead poisoning. Properties built before 1950 are
19    statistically much more likely to contain lead-based paint
20    hazards than buildings constructed more recently.
21        (5) Illinois ranks 10th out of the 50 states in the age
22    of its housing stock. More than 50% of the housing units in
23    Chicago and in Rock Island, Peoria, Macon, Madison, and
24    Kankakee counties were built before 1960 and more than 43%
25    of the housing units in St. Clair, Winnebago, Sangamon,
26    Kane, and Cook counties were built before 1950.



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1        (6) There are nearly 1.4 million households with
2    lead-based paint hazards in Illinois.
3        (7) Most children are lead-poisoned in their own homes
4    through exposure to lead dust from deteriorated lead-paint
5    surfaces, like windows, and when lead paint deteriorates or
6    is disturbed through home renovation and repainting.
7        (8) The control of lead hazards significantly reduces
8    lead poisoning rates. Other communities, including New
9    York City and Milwaukee, have successfully reduced lead
10    poisoning rates by removing lead-based paint hazards on
11    windows.
12        (9) Windows are considered a higher lead exposure risk
13    more often than other components in a housing unit. Windows
14    are a major contributor of lead dust in the home, due to
15    both weathering conditions and friction effects on paint.
16        (10) There is an insufficient pool of licensed lead
17    abatement workers and contractors to address the problem in
18    some areas of the State.
19        (11) Training, insurance, and licensing costs for lead
20    removal workers are prohibitively high.
21        (12) Through grants from the United States Department
22    of Housing and Urban Development, some communities in
23    Illinois have begun to reduce lead poisoning of children.
24    While this is an ongoing effort, it addresses only a small
25    number of the low-income children statewide in communities
26    with high levels of lead paint in the housing stock.



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1    (b) For purposes of this Section:
2    "Advisory Council" means the Lead-Safe Housing Advisory
3Council created under subsection (c).
4    "Lead-Safe Housing Maintenance Standards" or "Standards"
5means standards developed by the Advisory Council pursuant to
6this Section.
7    "Low-income" means a household at or below 80% of the
8median income level for a given county as determined annually
9by the United States Department of Housing and Urban
11    "Primary prevention" means removing lead hazards before a
12child is poisoned rather than relying on identification of a
13lead poisoned child as the triggering event.
14    (c) The Lead-Safe Housing Advisory Council is created to
15advise the Department on lead poisoning prevention activities.
16The Advisory Council shall be chaired by the Director or his or
17her designee and the chair of the Illinois Lead Safe Housing
18Task Force and provided with administrative support by the
19Department. The Advisory Council shall be comprised of (i) the
20directors, or their designees, of the Illinois Housing
21Development Authority and the Environmental Protection Agency;
22and (ii) the directors, or their designees, of public health
23departments of counties identified by the Department that
24contain communities with a concentration of high-risk,
25lead-contaminated properties.
26    The Advisory Council shall also include the following



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1members appointed by the Governor:
2        (1) One representative from the Illinois Association
3    of Realtors.
4        (2) One representative from the insurance industry.
5        (3) Two pediatricians or other physicians with
6    knowledge of lead-paint poisoning.
7        (4) Two representatives from the private-sector, lead
8    abatement lead-based-paint-abatement industry who are
9    licensed in Illinois as a lead an abatement contractor,
10    lead abatement supervisor, lead abatement worker, lead
11    inspector, or lead risk assessor.
12        (5) Two representatives from community based
13    organizations in communities with a concentration of high
14    risk lead contaminated properties. High-risk communities
15    shall be identified based upon the prevalence of low-income
16    families whose children are lead poisoned and the age of
17    the housing stock.
18        (6) At least 3 lead-safe housing advocates, including
19    (i)  the parent of a lead-poisoned child, (ii) a
20    representative from a child advocacy organization, and
21    (iii) a representative from a tenant housing organization.
22        (7) One representative from the Illinois paint and
23    coatings industry.
24    Within 9 months after its formation, the Advisory Council
25shall submit a written report to the Governor and the General
26Assembly on:



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1        (1) developing a primary prevention program for
2    addressing lead poisoning;
3        (2) developing a sufficient pool of lead abatement
4    workers and contractors;
5        (3) targeting blood lead testing for screening to
6    children residing in high-risk buildings and
7    neighborhoods;
8        (4) ensuring lead-safe work practices in all
9    remodeling, rehabilitation, and weatherization work;
10        (5) funding mechanisms to assist residential property
11    owners in costs of lead abatement and mitigation;
12        (6) providing insurance subsidies to licensed lead
13    abatement contractors who target their work to high-risk
14    communities; and
15        (7) developing any necessary legislation or rulemaking
16    to improve the effectiveness of State and local programs in
17    lead abatement and other prevention and control
18    activities.
19    The Advisory Council shall develop handbooks and training
20for property owners and tenants explaining the Standards and
21State and federal requirements for lead-safe housing.
22    The Advisory Council shall meet at least quarterly. Its
23members shall receive no compensation for their services, but
24their reasonable travel expenses actually incurred shall be
25reimbursed by the Department.
26(Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)



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1    (410 ILCS 45/11.1)  (from Ch. 111 1/2, par. 1311.1)
2    Sec. 11.1. Licensing of lead abatement contractors, lead
3abatement supervisors, and lead abatement workers. Except as
4otherwise provided in this Act, performing lead abatement or
5mitigation without a license is a Class A misdemeanor and is
6also subject to civil and administrative penalties. The
7Department shall provide by rule for the licensing of lead
8abatement contractors, lead abatement supervisors, and lead
9abatement workers and shall establish rules standards and
10procedures for the licensure. The Department may collect a
11reasonable fee for the licenses. The fees shall be deposited
12into the Lead Poisoning Screening, Prevention, and Abatement
13Fund and used by the Department for the costs of licensing lead
14abatement contractors and workers and other activities
15prescribed by this Act.
16    The Department shall promote and encourage minorities and
17females and minority and female owned entities to apply for
18licensure under this Act as either licensed lead abatement
19workers or licensed lead abatement contractors.
20    The Department may adopt any rules necessary to ensure
21proper implementation and administration of this Act and of the
22federal Toxic Substances Control Act, 15 USC 2682 and 2684, and
23the rules adopted regulations promulgated thereunder: Lead;
24Requirements for Lead-Based Paint Activities (40 CFR 745). The
25application of this Section shall not be limited to the



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1activities taken in regard to lead poisoned children and shall
2include all activities related to lead abatement, mitigation
3and training.
4    No person may act as a lead abatement contractor unless the
5person is licensed as a lead abatement contractor by the
6Department in accordance with this Act and the rules adopted
7under it.
8    No person may act as a lead abatement supervisor unless the
9person is licensed as a lead abatement supervisor by the
10Department in accordance with this Act and the rules adopted
11under it.
12    No person may act as a lead abatement worker unless the
13person is licensed as a lead abatement worker by the Department
14in accordance with this Act and the rules adopted under it.
15    Except as otherwise provided by Department rule, on and
16after the effective date of this amendatory Act of the 98th
17General Assembly, any licensing requirement adopted pursuant
18to this Section that may be satisfied by an industrial
19hygienist licensed pursuant to the Industrial Hygienists
20Licensure Act repealed in this amendatory Act may be satisfied
21by a Certified Industrial Hygienist certified by the American
22Board of Industrial Hygiene.
23(Source: P.A. 98-78, eff. 7-15-13.)
24    (410 ILCS 45/12.2 new)
25    Sec. 12.2. Violations and enforcement.



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1    (a) The following provisions shall apply concerning
2criminal sanctions:
3        (1) Violation of any Section of this Act other than
4    Section 6.01 or Section 7 shall be punishable as a Class A
5    misdemeanor. A violation of Section 6.01 shall cause the
6    Department to issue a written warning for a first offense
7    and shall be a petty offense for a second or subsequent
8    offense if the violation occurs at the same location within
9    12 months after the first offense.
10        (2) Any person who knowingly violates this Act or the
11    rules adopted by the Department or who knowingly violates
12    any determination or order of the Department under this Act
13    shall be guilty of a Class 4 felony. A person who, after
14    being convicted under this paragraph, knowingly violates
15    this paragraph a second or subsequent time commits a Class
16    3 felony.
17        (3) Any person who knowingly makes a false statement,
18    orally or in writing, to the Department related to or
19    required by this Act, a rule adopted under this Act, any
20    federal law or rule for which the Department has
21    responsibility, or any determination or order of the
22    Department under this Act, or any permit, term, or
23    condition thereof, commits a Class 4 felony, and each such
24    statement or writing shall be considered a separate Class 4
25    felony. A person who, after being convicted under this
26    paragraph, knowingly violates this paragraph a second or



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1    subsequent time commits a Class 3 felony.
2        (4) Any criminal action brought under this Section
3    shall be brought by the State's Attorney of the county in
4    which the violation occurred or by the Attorney General and
5    shall be conducted in accordance with the applicable
6    provisions of the Code of Criminal Procedure of 1963.
7        (5) For an offense described in this subsection (a),
8    the period for commencing prosecution prescribed by the
9    statute of limitations shall not begin to run until the
10    offense is discovered by or reported to a State or local
11    agency having the authority to investigate violations of
12    this Act.
13        (6) In addition to any other penalty provided under
14    this Act, the court in a criminal action brought under this
15    subsection (a) may impose upon any person who violates this
16    Act or the rules adopted under this Act or who does not
17    comply with a notice of deficiency and a mitigation order
18    issued under subsection (7) of Section 9 of this Act or who
19    fails to comply with subsection (3) or subsection (5) of
20    Section 9 of this Act a penalty not to exceed $5,000 for
21    each violation. Each day a violation exists constitutes a
22    separate violation. In assessing a criminal penalty under
23    this Section, the court shall consider any civil fines the
24    person has paid which were imposed pursuant to subsection
25    (b) of this Section. 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) Either Will either provide for or support the
8    monitoring and validation of all medical laboratories and
9    private and public hospitals that perform lead
10    determination tests on human blood or other tissues.
11        (b) Subject Will, subject to Section 7.2 of this Act,
12    provide laboratory testing of blood specimens for lead
13    content to 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) Develop Will develop or encourage the development
19    of 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) Provide May provide technical assistance and
24    consultation to local, county, or regional governmental or
25    private agencies for the promotion and development of lead
26    poisoning prevention programs.



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1        (e) Provide Will provide recommendations by the
2    Department on the subject of identification, case
3    management, and treatment of lead poisoning.
4        (f) Maintain Will maintain a clearinghouse of
5    information, and will develop additional educational
6    materials, on (i) lead hazards to children, (ii) lead
7    poisoning prevention, (iii) blood lead testing poisoning
8    screening, (iv) lead mitigation, lead abatement, and
9    disposal, and (v) health hazards during lead abatement. The
10    Department shall make this information available to the
11    general public.
12(Source: P.A. 95-331, eff. 8-21-07.)
13    (410 ILCS 45/9.2 rep.)
14    (410 ILCS 45/9.3 rep.)
15    (410 ILCS 45/11.2 rep.)
16    (410 ILCS 45/12 rep.)
17    Section 10. The Lead Poisoning Prevention Act is amended by
18repealing Sections 9.2, 9.3, 11.2, and 12.