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


Rep. Robyn Gabel

Filed: 3/19/2014





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2    AMENDMENT NO. ______. Amend House Bill 5410 by replacing
3everything after the enacting clause with the following:
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.



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1    "Childhood Lead Risk Questionnaire" means the
2questionnaire developed by the Department for use by physicians
3and other health care providers to determine risk factors for
4children 6 years of age or younger residing in areas designated
5as low risk for lead exposure.
6    "Delegate agency" means a unit of local government or
7health department approved by the Department to carry out the
8provisions of this Act.
9    "Department" means the Department of Public Health of the
10State of Illinois.
11    "Director" means the Director of Public Health.
12    "Dwelling" means any structure all or part of which is
13designed or used for human habitation.
14    "Dwelling unit" means an individual unit within a
15residential building used as living quarters for one household.
16    "Elevated blood lead level" means a blood lead level in
17excess of those considered within the permissible limits as
18established under State and federal rules.
19    "Exposed surface" means any interior or exterior surface of
20a regulated facility.
21    "High risk area" means an area in the State determined by
22the Department to be high risk for lead exposure for children
23through 6 years of age or younger. The Department may shall
24consider, but is not be limited to, the following factors to
25determine a high risk area: age and condition (using Department
26of Housing and Urban Development definitions of "slum" and



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1"blighted") of housing, proximity to highway traffic or heavy
2local traffic or both, percentage of housing determined as
3rental or vacant, proximity to industry using lead, established
4incidence of elevated blood lead levels in children, percentage
5of population living below 200% of federal poverty guidelines,
6and number of children residing in the area who are 6 years of
7age or younger.
8    "Exposed surface" means any interior or exterior surface of
9a dwelling or residential building.
10    "Lead abatement" means any approved work practices that
11will permanently eliminate lead exposure or remove the
12lead-bearing substances in a regulated facility. The
13Department shall establish by rule which work practices are
14approved or prohibited for lead abatement.
15    "Lead abatement contractor" means any person or entity
16licensed by the Department to perform lead abatement and
18    "Lead abatement supervisor" means any person employed by a
19lead abatement contractor and licensed by the Department to
20perform lead abatement and lead mitigation and to supervise
21lead workers who perform lead abatement and lead mitigation.
22    "Lead abatement worker" means any person employed by a lead
23abatement contractor and licensed by the Department to perform
24lead abatement and mitigation.
25    "Lead activities" means the conduct of any lead services,
26including, lead inspection, lead risk assessment, lead



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1mitigation, or lead abatement work or supervision in a
2regulated facility.
3    "Lead-bearing substance" "Lead bearing substance" means
4any item containing or coated with lead such that the lead
5content is more than six-hundredths of one percent (0.06%) lead
6by total weight; or any dust on surfaces or in furniture or
7other nonpermanent elements of the regulated facility
8dwelling; or any paint or other surface coating material
9containing more than five-tenths of one percent (0.5%) lead by
10total weight (calculated as lead metal) in the total
11non-volatile content of liquid paint; or lead-bearing lead
12bearing substances containing greater than one milligram per
13square centimeter or any lower standard for lead content in
14residential paint as may be established by federal law or rule
15regulation; or more than 1 milligram per square centimeter in
16the dried film of paint or previously applied substance; or
17item or dust on item containing lead in excess of the amount
18specified in the rules and regulations authorized by this Act
19or a lower standard for lead content as may be established by
20federal law or rule regulation. "Lead-bearing substance" "Lead
21bearing substance" does not include firearm ammunition or
22components as defined by the Firearm Owners Identification Card
24    "Lead hazard" means a lead-bearing lead bearing substance
25that poses an immediate health hazard to humans.
26    "Lead hazard screen" means a lead risk assessment that



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1involves limited dust and paint sampling for lead-bearing
2substances and lead hazards. This service is used as a
3screening tool designed to determine if further lead
4investigative services are required for the regulated
6    "Lead inspection" means a surface-by-surface investigation
7to determine the presence of lead-based paint.
8    "Lead inspector" means an individual who has been trained
9by a Department-approved training program and is licensed by
10the Department to conduct lead inspections; to sample for the
11presence of lead in paint, dust, soil, and water; and to
12conduct compliance investigations.
13    "Lead mitigation" means the remediation, in a manner
14described in Section 9, of a lead hazard so that the
15lead-bearing substance does not pose an immediate health hazard
16to humans.
17    "Lead poisoning" means the condition of having blood lead
18levels in excess of those considered safe under State and
19federal rules and regulations.
20    "Low risk area" means an area in the State determined by
21the Department to be low risk for lead exposure for children
22through 6 years of age. The Department shall consider the
23factors named in "high risk area" to determine low risk areas.
24    "Mitigation" means the remediation, in a manner described
25in Section 9, of a lead hazard so that the lead bearing
26substance does not pose an immediate health hazard to humans.



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1    "Lead risk assessment" means an on-site investigation to
2determine the existence, nature, severity, and location of lead
3hazards. "Lead risk assessment" includes any lead sampling and
4visual assessment associated with conducting a lead risk
5assessment and lead hazard screen and all lead sampling
6associated with compliance investigations.
7    "Lead risk assessor" means an individual who has been
8trained by a Department-approved training program and is
9licensed by the Department to conduct lead risk assessments,
10lead inspections, and lead hazard screens; to sample for the
11presence of lead in paint, dust, soil, water, and sources for
12lead-bearing substances; and to conduct compliance
14    "Lead training program provider" means any person
15providing Department-approved lead training in Illinois to
16individuals seeking licensure in accordance with the Act.
17    "Low risk area" means an area in the State determined by
18the Department to be low risk for lead exposure for children 6
19years of age or younger. The Department may consider the
20factors named in "high risk area" to determine low risk areas.
21    "Owner" means any person, who alone, jointly, or severally
22with others:
23        (a) Has legal title to any regulated facility dwelling
24    or residential building, with or without accompanying
25    actual possession of the regulated facility dwelling or
26    residential building, or



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1        (b) Has charge, care, or control of the regulated
2    facility dwelling or residential building as owner or agent
3    of the owner, or as executor, administrator, trustee, or
4    guardian of the estate of the owner.
5    "Person" means any individual, partnership, firm, company,
6limited liability company, corporation, association, joint
7stock company, trust, estate, political subdivision, State
8agency, or any other legal entity, or their legal
9representative, agent, or assign one or more natural persons,
10legal entities, governmental bodies, or any combination.
11    "Regulated facility" means a residential building or child
12care facility.
13    "Residential building" means any room, group of rooms, or
14other interior areas of a structure designed or used for human
15habitation; common areas accessible by inhabitants; and the
16surrounding property or structures.
17    "Risk assessment" means a questionnaire to be developed by
18the Department for use by physicians and other health care
19providers to determine risk factors for children through 6
20years of age residing in areas designated as low risk for lead
22(Source: P.A. 94-879, eff. 6-20-06.)
23    (410 ILCS 45/3)  (from Ch. 111 1/2, par. 1303)
24    Sec. 3. Lead-bearing Lead bearing substance use. No person
25shall use or apply lead-bearing lead bearing substances:



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1    (a) In or upon any exposed surface of a regulated facility
2dwelling or dwelling unit;
3    (b) (Blank) In or around the exposed surfaces of a child
4care facility or other structure frequented by children;
5    (c) In or upon any fixtures or other objects used,
6installed, or located in or upon any exposed surface of a
7regulated facility dwelling or residential building, or child
8care facility, or intended to be so used, installed, or located
9and that, in the ordinary course of use, are accessible to or
10chewable by children;
11    (d) In or upon any items, including, but not limited to,
12clothing, accessories, jewelry, decorative objects, edible
13items, candy, food, dietary supplements, toys, furniture, or
14other articles used by or intended to be chewable by children;
15    (e) Within or upon a regulated facility residential
16building or dwelling, child care facility, school, playground,
17park, or recreational area, or other areas regularly frequented
18by children.
19(Source: P.A. 94-879, eff. 6-20-06.)
20    (410 ILCS 45/4)  (from Ch. 111 1/2, par. 1304)
21    Sec. 4. Sale of items containing lead-bearing lead bearing
22substance. No person shall sell, have, offer for sale, or
23transfer toys, furniture, clothing, accessories, jewelry,
24decorative objects, edible items, candy, food, dietary
25supplements, or other articles used by or intended to be



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1chewable by children that contains a lead-bearing lead bearing
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 lead
6bearing substance. No person shall sell or transfer or offer
7for sale or transfer any fixtures or other objects intended to
8be used, installed, or located in or upon any surface of a
9regulated facility dwelling or residential building, or child
10care facility, that contains a lead-bearing lead bearing
11substance and that, in the ordinary course of use, are
12accessible to or chewable by children.
13(Source: P.A. 94-879, eff. 6-20-06.)
14    (410 ILCS 45/6)  (from Ch. 111 1/2, par. 1306)
15    Sec. 6. Warning statement.
16    (a) Definitions. As used in this Section:
17    "Body piercing jewelry" means any part of jewelry that is
18manufactured or sold for placement in a new piercing or a
19mucous membrane, but does not include any part of that jewelry
20that is not placed within a new piercing or a mucous membrane.
21    "Children's jewelry" means jewelry that is made for,
22marketed for use by, or marketed to children under the age of
2312 and includes jewelry that meets any of the following



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1        (1) represented in its packaging, display, or
2    advertising as appropriate for use by children under the
3    age of 12;
4        (2) sold in conjunction with, attached to, or packaged
5    together with other products that are packaged, displayed,
6    or advertised as appropriate for use by children under the
7    age of 12;
8        (3) sized for children and not intended for use by
9    adults; or
10        (4) sold in any of the following places: a vending
11    machine; a retail store, catalogue, or online Web site in
12    which a person exclusively offers for sale products that
13    are packaged, displayed, or advertised as appropriate for
14    use by children; or a discrete portion of a retail store,
15    catalogue, or online Web site in which a person offers for
16    sale products that are packaged, displayed or advertised as
17    appropriate for use by children.
18    "Child care article" means an item that is designed or
19intended by the manufacturer to facilitate the sleep,
20relaxation, or feeding of children under the age of 6 years of
21age or younger or to help with children under the age of 6
22years of age or younger who are sucking or teething. An item
23meets this definition if it is (i) designed or intended to be
24used directly in the mouth by the child or (ii) is used to
25facilitate sleep, relaxation, or feeding of children under the
26age of 6 years of age or younger or help with children under



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1the age of 6 years of age or younger who are sucking or
2teething and, because of its proximity to the child, is likely
3to be mouthed, chewed, sucked, or licked.
4    "Jewelry" means any of the following ornaments worn by a
6        (A) Ankle bracelet.
7        (B) Arm cuff.
8        (C) Bracelet.
9        (D) Brooch.
10        (E) Chain.
11        (F) Crown.
12        (G) Cuff link.
13        (H) Hair accessory.
14        (I) Earring.
15        (J) Necklace.
16        (K) Decorative pin.
17        (L) Ring.
18        (M) Body piercing jewelry.
19        (N) Jewelry placed in the mouth for display or
20    ornament.
21        (O) Any charm, bead, chain, link, pendant, or other
22    component of the items listed in this definition.
23        (P) A charm, bead, chain, link, pendant, or other
24    attachment to shoes or clothing that can be removed and may
25    be used as a component of an item listed in this
26    definition.



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1        (Q) A watch in which a timepiece is a component of an
2    item listed in this definition, excluding the timepiece
3    itself if the timepiece can be removed from the ornament.
4    "Toy containing paint" means a toy with an accessible
5component containing any external coating, including, but not
6limited to, paint, ink, lacquer, or screen printing, designed
7for or intended for use by children under the age of 12 at
8play. For the purposes of this Section, "toy" is any object
9designed, manufactured, or marketed as a plaything for children
10under the age of 12 and is excluded from the definitions of
11"child care article" and "jewelry". In determining whether a
12toy containing paint is designed for or intended for use by
13children under the age of 12, the following factors shall be
15        (i) a statement by a manufacturer about the intended
16    use of the product, including a label on the product, if
17    such statement is reasonable;
18        (ii) whether the product is represented in its
19    packaging, display, promotion, or advertising as
20    appropriate for children under the age of 12; and
21        (iii) whether the product is commonly recognized by
22    consumers as being intended for use by a child under the
23    age of 12.
24    (b) Children's products. Effective January 1, 2010, no
25person, firm, or corporation shall sell, have, offer for sale,
26or transfer the items listed in this Section that contain a



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1total lead content in any component part of the item that is
2more than 0.004% (40 parts per million) but less than 0.06%
3(600 parts per million) by total weight or a lower standard for
4lead content as may be established by federal or State law or
5rule regulation unless that item bears a warning statement that
6indicates that at least one component part of the item contains
8    The warning statement for items covered under this
9subsection (b) shall contain at least the following: "WARNING:
12    An entity is in compliance with this subsection (b) if the
13warning statement is provided on the children's product or on
14the label on the immediate container of the children's product.
15This subsection (b) does not apply to any product for which
16federal law governs warning in a manner that preempts State
18    The warning statement required under this subsection (b) is
19not required if the component parts of the item containing lead
20are inaccessible to a child through normal and reasonably
21foreseeable use and abuse as defined by the United States
22Consumer Product Safety Commission.
23    The warning statement required under this subsection (b) is
24not required if the component parts in question are exempt from
25third-party testing as determined by the United States Consumer
26Product Safety Commission.



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1    (c) Other lead-bearing lead bearing substance. No person,
2firm, or corporation shall have, offer for sale, sell, or give
3away any lead-bearing lead bearing substance that may be used
4by the general public, except as otherwise provided in
5subsection (b) of this Section, unless it bears the warning
6statement as prescribed by federal rule regulation. (i) If no
7rule regulation is prescribed, the warning statement shall be
8as follows when the lead-bearing lead bearing substance is a
9lead-based paint or surface coating: "WARNING--CONTAINS LEAD.
10MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on (Side
11or Back) Panel. Do not apply on toys, or other children's
12articles, furniture, or interior, or exterior exposed surfaces
13of any residential building or facility that may be occupied or
14used by children. KEEP OUT OF THE REACH OF CHILDREN.". (ii) If
15no rule regulation is prescribed, the warning statement shall
16be as follows when the lead-bearing lead bearing substance
17contains lead-based paint or a form of lead other than
21    For the purposes of this subsection (c), the generic term
22of a product, such as "paint" may be substituted for the word
23"substance" in the above labeling.
24    (d) The warning statements on items covered in subsections
25(a), (b), and (c) of this Section shall be in accordance with,
26or substantially similar to, the following:



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1        (1) the statement shall be located in a prominent place
2    on the item or package such that consumers are likely to
3    see the statement when it is examined under retail
4    conditions;
5        (2) the statement shall be conspicuous and not obscured
6    by other written matter;
7        (3) the statement shall be legible; and
8        (4) the statement shall contrast with the typography,
9    layout and color of the other printed matter.
10    Compliance with 16 C.F.R. 1500.121 adopted under the
11Federal Hazardous Substances Act constitutes compliance with
12this subsection (d).
13    (e) The manufacturer or importer of record shall be
14responsible for compliance with this Section.
15    (f) Subsection (c) of this Section does not apply to any
16component part of a consumer electronic product, including, but
17not limited to, personal computers, audio and video equipment,
18calculators, wireless phones, game consoles, and handheld
19devices incorporating a video screen used to access interactive
20software and their associated peripherals, that is not
21accessible to a child through normal and reasonably foreseeable
22use of the product. A component part is not accessible under
23this subsection (f) if the component part is not physically
24exposed by reason of a sealed covering or casing and does not
25become physically exposed through reasonably foreseeable use
26and abuse of the product. Paint, coatings, and electroplating,



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1singularly or in any combination, are not sufficient to
2constitute a sealed covering or casing for purposes of this
3Section. Coatings and electroplating are sufficient to
4constitute a sealed covering for connectors, power cords, USB
5cables, or other similar devices or components used in consumer
6electronics products.
7(Source: P.A. 97-612, eff. 1-1-12.)
8    (410 ILCS 45/6.01)
9    Sec. 6.01. Warning statement where supplies sold.
10    (a) Any retailer, store, or commercial establishment that
11offers paint or other supplies intended for the removal of
12paint shall display, in a prominent and easily visible
13location, a poster containing, at a minimum, the following:
14        (1) a statement that dry sanding and dry scraping of
15    paint in regulated facilities dwellings built before 1978
16    is dangerous;
17        (2) a statement that the improper removal of old paint
18    is a significant source of lead dust and the primary cause
19    of lead poisoning; and
20        (3) contact information where consumers can obtain
21    more information.
22    (b) The Department shall provide sample posters and
23brochures that commercial establishments may use. The
24Department shall make these posters and brochures available in
25hard copy and via download from the Department's Internet



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2    (c) A commercial establishment shall be deemed to be in
3compliance with this Section if the commercial establishment
4displays lead poisoning prevention posters or provides
5brochures to its customers that meet the minimum requirements
6of this Section but come from a source other than the
8(Source: P.A. 94-879, eff. 6-20-06.)
9    (410 ILCS 45/6.1)  (from Ch. 111 1/2, par. 1306.1)
10    Sec. 6.1. Removal of leaded soil. The Department shall, in
11consultation with the Illinois Environmental Protection Agency
12IEPA, specify safety guidelines for workers undertaking
13removal or covering of leaded soil. Soil inspection
14requirements shall apply to inspection of regulated
15residential buildings or child care facilities subject to the
16requirements of this Section.
17(Source: P.A. 87-175.)
18    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
19    Sec. 6.2. Testing Physicians to screen children and
20pregnant persons.
21    (a) Any Every physician licensed to practice medicine in
22all its branches or health care provider who sees or treats or
23health care provider shall screen children 6 months through 6
24years of age or younger shall test those children for lead



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1poisoning when those children who are determined to reside in
2an area defined as high risk by the Department. Children
3residing in areas defined as low risk by the Department shall
4be evaluated assessed for risk by the Childhood Lead Risk
5Questionnaire a risk assessment procedure developed by the
6Department and tested if indicated. Children shall be evaluated
7screened, in accordance with rules adopted by the Department
8guidelines and criteria set forth by the American Academy of
9Pediatrics, at the priority intervals and using the methods
10specified in the guidelines.
11    (b) Each licensed, registered, or approved health care
12facility serving children from 6 months through 6 years of age
13or younger, including but not limited to, health departments,
14hospitals, clinics, and health maintenance organizations
15approved, registered, or licensed by the Department, shall take
16the appropriate steps to ensure that children 6 years of age or
17younger be evaluated for risk or tested for the patients
18receive lead poisoning or both screening, where medically
19indicated or appropriate.
20    (c) Children 7 6 years and older and pregnant persons may
21also be tested screened by physicians or health care providers,
22in accordance with rules adopted by the Department guidelines
23and criteria set forth by the American Academy of Pediatrics,
24according to the priority intervals specified in the
25guidelines. Physicians and health care providers shall also
26evaluate screen children for lead poisoning in conjunction with



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1the school health examination, as required under the School
2Code, when, in the medical judgement of the physician, advanced
3practice nurse who has a written collaborative agreement with a
4collaborating physician that authorizes the advance practice
5nurse to perform health examinations, or physician assistant
6who has been delegated to perform health examinations by the
7supervising physician, the child is potentially at high risk of
8lead poisoning.
9    (d) (Blank). Nothing in this Section shall be construed to
10require any child to undergo a lead blood level screening or
11test whose parent or guardian objects on the grounds that the
12screening or test conflicts with his or her religious beliefs.
13(Source: P.A. 93-104, eff. 1-1-04.)
14    (410 ILCS 45/6.3)
15    Sec. 6.3. Information provided by the Department of
16Healthcare and Family Services.
17    (a) The Director of Healthcare and Family Services shall
18provide, upon request of the Director of Public Health, an
19electronic record of all children 6 less than 7 years of age or
20younger who receive Medicaid, Kidcare, or other health care
21benefits from the Department of Healthcare and Family Services.
22The records shall include a history of claims filed for each
23child and the health care provider who rendered the services.
24On at least an annual basis, the Director of Public Health
25shall match the records provided by the Department of



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1Healthcare and Family Services with the records of children
2receiving lead tests, as reported to the Department under
3Section 7 of this Act.
4    (b) The Director of Healthcare and Family Services shall
5prepare a report documenting the frequency of lead testing and
6elevated blood and lead levels among children receiving
7benefits from the Department of Healthcare and Family Services.
8On at least an annual basis, the Director of Healthcare and
9Family Services shall prepare and deliver a report to each
10health care provider who has rendered services to children
11receiving benefits from the Department of Healthcare and Family
12Services. The report shall contain the aggregate number of
13children receiving benefits from the Department of Healthcare
14and Family Services to whom the provider has provided services,
15the number and percentage of children tested for lead
16poisoning, and the number and percentage of children having an
17elevated blood lead level. The Department of Public Health may
18exclude health care providers who provide specialized or
19emergency medical care and who are unlikely to be the primary
20medical care provider for a child. Upon the request of a
21provider, the Department of Public Health may generate a list
22of individual patients treated by that provider according to
23the claims records and the patients' lead test results.
24(Source: P.A. 94-879, eff. 6-20-06.)
25    (410 ILCS 45/7)  (from Ch. 111 1/2, par. 1307)



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1    Sec. 7. Reports of lead poisoning required; lead
2information to remain confidential; disclosure prohibited.
3Every physician who diagnoses, or a health care provider,
4nurse, hospital administrator, or public health officer who has
5verified information of the existence of a blood lead test
6result for any child or pregnant person shall report the result
7to the Department. Results person found or suspected to have a
8level of lead in the blood in excess of the permissible limits
9set forth in rules regulations adopted by the Department shall
10be reported to the Department , within 48 hours of receipt of
11verification. Reports , shall include report to the Department
12the name, address, laboratory results, date of birth, and any
13other information about the child or pregnant person deemed
14essential by the Department. Directors of clinical
15laboratories must report to the Department, within 48 hours of
16receipt of verification, positive results of all blood lead
17analyses above permissible limits set forth in rule performed
18in their facility. The information included in the clinical
19laboratories report shall include, but not be limited to, the
20child's name, address, date of birth, name of physician
21ordering analysis, and specimen type. All blood lead levels
22less than the permissible limits set forth in rule negative
23results must be reported to the Department in accordance with
24rules adopted by the Department. These rules shall not require
25reporting in less than 30 days after the end of the month in
26which the negative results are obtained. All information



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1obtained by the Department from any source and all information,
2data, reports, e-mails, letters, and other documents generated
3by the Department or any of its delegate agencies concerning
4any person subject to this Act receiving a blood lead test
5reports shall be treated in the same manner as information
6subject to the provisions of Part 21 of Article VIII of the
7Code of Civil Procedure and shall not be disclosed. This
8prohibition on disclosure extends to all information and
9reports obtained or created by the Department or any of its
10delegate agencies concerning any regulated facility that has
11been identified as a potential lead hazard or a source of lead
12poisoning. Any physician, nurse, hospital administrator,
13director of a clinical laboratory, public health officer, or
14allied health professional making a report in good faith shall
15be immune from any civil or criminal liability that otherwise
16might be incurred from the making of a report.
17(Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
18    (410 ILCS 45/7.1)  (from Ch. 111 1/2, par. 1307.1)
19    Sec. 7.1. Requirements for child Child care facilities must
20require lead blood level screening for admission. Each By
21January 1, 1993, each day care center, day care home,
22preschool, nursery school, kindergarten, or other child care
23facility, licensed or approved by the State, including such
24programs operated by a public school district, shall include a
25requirement that each parent or legal guardian of a child



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1between one and 7 between the ages of 6 months through 6 years
2of age provide a statement from a physician or health care
3provider that the child has been risk assessed for risk of lead
4poisoning or tested or both, as provided in Section 6.2, if the
5child resides in an area defined as low risk by the Department,
6or screened for lead poisoning as provided for in Section 6.2,
7if the child resides in an area defined as high risk. This
8statement shall be provided prior to admission and subsequently
9in conjunction with required physical examinations.
10    Nothing in this Section shall be construed to require any
11child to undergo a lead blood level screening or test whose
12parent or guardian objects on the grounds that the screening or
13test conflicts with his or her religious beliefs.
14    Child care facilities that participate in the Illinois
15Child Care Assistance Program (CCAP) shall annually send or
16deliver to the parents or guardians of children enrolled in the
17facility's care an informational pamphlet regarding awareness
18of lead paint poisoning. Pamphlets shall be produced and made
19available by the Department and shall be downloadable from the
20Department's Internet website. The Department of Human
21Services and the Department of Public Health shall assist in
22the distribution of the pamphlet.
23(Source: P.A. 94-879, eff. 6-20-06.)
24    (410 ILCS 45/7.2)  (from Ch. 111 1/2, par. 1307.2)
25    Sec. 7.2. Laboratory fees for blood lead testing screening;



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1Lead Poisoning Fund.
2    (a) The Department may establish fees according to a
3reasonable fee structure to cover the cost of providing a
4testing service for laboratory analysis of blood lead tests and
5any necessary follow-up. Fees collected from the Department's
6testing service shall be placed in a special fund in the State
7treasury known as the Lead Poisoning Screening, Prevention, and
8Abatement Fund. Other State and federal funds for expenses
9related to lead poisoning screening, follow-up, treatment, and
10abatement programs may also be placed in the Fund. Moneys shall
11be appropriated from the Fund to the Department of Public
12Health solely for the implementation and enforcement of this
13Act the purposes of providing lead screening, follow-up, and
14treatment programs.
15    (b) The Department shall apply to the Department of
16Healthcare and Family Services for all approved lead testing
17and evaluation activities for Medicaid-eligible children.
18Established Current Procedural Terminology (CPT) Codes shall
19be used to determine billable lead poisoning prevention
20services. Funds shall be placed in the Lead Poisoning
21Screening, Prevention, and Abatement Fund.
22    (c) Any delegate agency may establish fees, according to a
23reasonable fee structure, to cover the costs of drawing blood
24for blood lead testing and evaluation screening and any
25necessary follow-up.
26(Source: P.A. 87-175.)



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1    (410 ILCS 45/8)  (from Ch. 111 1/2, par. 1308)
2    Sec. 8. Inspection of dwelling units buildings occupied or
3previously occupied by a person with an elevated blood lead
4level screening positive. A representative of the Department,
5or delegate agency, shall may, after notification that an
6occupant of a regulated facility the dwelling unit in question
7is found to have an elevated a blood lead level as value of the
8value set forth in Section 7, upon presentation of the
9appropriate credentials to the owner, occupant, or his
10representative, inspect the affected dwelling units dwelling
11or dwelling units, at reasonable times, for the purposes of
12ascertaining that all surfaces accessible to children are
13intact and in good repair, and for purposes of ascertaining the
14existence of lead-bearing lead bearing substances. Such
15representative of the Department, or delegate agency, may
16remove samples or objects necessary for laboratory analysis, in
17the determination of the presence of lead-bearing substances in
18the regulated facilities designated dwelling or dwelling unit.
19    If a regulated facility building is occupied by a child of
20less than 3 years of age with an elevated blood lead level
21screening positive, the Department, in addition to all other
22requirements of this Section, must inspect the dwelling unit
23and common place area of the child with an elevated blood lead
24level screening positive.
25    Following the inspection, the Department or its delegate



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1agency shall:
2        (1) Prepare an inspection report which shall:
3            (A) State the address of the dwelling unit.
4            (B) Describe the scope of the inspection, the
5        inspection procedures used, and the method of
6        ascertaining the existence of a lead-bearing lead
7        bearing substance in the dwelling unit.
8            (C) State whether any lead-bearing lead bearing
9        substances were found in the dwelling unit.
10            (D) Describe the nature, extent, and location of
11        any lead-bearing lead bearing substance that is found.
12            (E) State either that a lead hazard does exist or
13        that a lead hazard does not exist. If a lead hazard
14        does exist, the report shall describe the source,
15        nature and location of the lead hazard. The existence
16        of intact lead paint does not alone constitute a lead
17        hazard for the purposes of this Section.
18            (F) Give the name of the person who conducted the
19        inspection and the person to contact for further
20        information regarding the inspection and the
21        requirements of this Act.
22        (2) Mail or otherwise provide a copy of the inspection
23    report to the property owner and to the occupants of the
24    dwelling unit. If a lead-bearing lead bearing substance is
25    found, at the time of providing a copy of the inspection
26    report, the Department or its delegate agency shall attach



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1    an informational brochure.
2(Source: P.A. 94-879, eff. 6-20-06.)
3    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
4    Sec. 8.1. Licensing of lead inspectors and lead risk
6    (a) The By January 1, 1994, the Department shall establish
7standards and licensing procedures for lead inspectors and lead
8risk assessors. An integral element of these procedures shall
9be an education and training program prescribed by the
10Department which shall include but not be limited to scientific
11sampling, chemistry, and construction techniques. No person
12shall make inspections or risk assessments without first being
13licensed by the Department. The penalty for inspection or risk
14assessment without a license shall be a Class A misdemeanor and
15an administrative fine.
16    (b) The Department shall charge licensed lead inspectors
17and lead risk assessors reasonable license fees and the fees
18shall be placed in the Lead Poisoning Screening, Prevention,
19and Abatement Fund and used to fund the Department's licensing
20of lead inspectors and lead risk assessors and any other
21activities prescribed by this Act. A licensed lead An inspector
22or lead risk assessor employed by the Department or its
23delegate agency shall not be charged a license fee.
24(Source: P.A. 87-175.)



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1    (410 ILCS 45/8.2)  (from Ch. 111 1/2, par. 1308.2)
2    Sec. 8.2. Warrant procedures. If the occupant of a
3regulated facility residential building or dwelling designated
4for inspection under Section 8 refuses to allow inspection, an
5agent of the Department or of the Department's delegate agency
6may apply for a search warrant to permit entry. A court may
7issue a warrant upon receiving verification a showing that a
8victim of lead poisoning resides or has recently resided in the
9regulated facility during the previous 6 months residential
10building. The findings of the inspection shall be reported to
11the Department and to the appropriate enforcement authorities
12established in this Act.
13(Source: P.A. 87-175.)
14    (410 ILCS 45/8.3 new)
15    Sec. 8.3. Stop work orders. Whenever the Department or its
16delegate agency finds that a situation exists that requires
17immediate action to protect the public health, it may, without
18notice or hearing, issue an order requiring that such action be
19taken as it may deem necessary to protect the public health,
20including, but not limited to, the issuance of a stop work
21order, ordering the immediate suspension of any improper
22activities that may disturb a lead-bearing surface, and
23requiring that any person found to be improperly conducting
24such activities immediately cease work. Notwithstanding any
25other provision in this Act, such order shall be effective



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1immediately. The Attorney General, State's Attorney, or
2Sheriff of the county in which the property is located has
3authority to enforce the order after receiving notice thereof.
4Any person subject to such an order is entitled, upon written
5request to the Department, to a hearing to determine the
6continued validity of the order.
7    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
8    Sec. 9. Procedures upon determination of lead hazard.
9    (1) If the inspection report identifies a lead hazard, the
10Department or delegate agency shall serve a mitigation notice
11on the property owner that the owner is required to mitigate
12the lead hazard, and shall indicate the time period specified
13in this Section in which the owner must complete the
14mitigation. The notice shall include information describing
15mitigation activities which meet the requirements of this Act.
16    (2) If the inspection report identifies a lead hazard, the
17owner shall mitigate the lead hazard in a manner prescribed by
18the Department and within the time limit prescribed by this
19Section. The Department shall adopt rules regarding acceptable
20methods of mitigating a lead hazard. If the source of the lead
21hazard identified in the inspection report is lead paint or any
22other lead-bearing leaded surface coating, the lead hazard
23shall be deemed to have been mitigated if:
24        (A) the The surface identified as the source of the
25    lead hazard is no longer in a condition that produces a



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1    hazardous level of lead leaded chips, flakes, dust or any
2    other form of lead-bearing leaded substance, that can be
3    ingested or inhaled by humans, or;
4        (B) If the surface identified as the source of the lead
5    hazard is no longer accessible to children and could not
6    reasonably be chewed on by children; or , the surface
7    coating is either removed or covered, the surface is
8    removed, or the access to the leaded surface by children is
9    otherwise prevented as prescribed by the Department.
10        (C) the surface coating identified as the source of the
11    lead hazard is either removed or covered, or child access
12    to the lead-bearing surface is otherwise prevented as
13    prescribed by the Department.
14    (3) Mitigation activities which involve the destruction or
15disturbance of any lead-bearing leaded surface shall be
16conducted by a licensed lead abatement contractor using
17licensed lead abatement supervisors or lead abatement workers.
18The Department may prescribe by rule mitigation activities that
19may be performed without a licensed lead abatement contractor,
20lead abatement supervisor, or lead abatement worker. The
21Department may, on a case by case basis, grant a waiver of the
22requirement to use licensed lead abatement contractors, lead
23abatement supervisors, and lead abatement workers, provided
24the waiver does not endanger the health or safety of humans.
25    (4) The Department shall establish procedures whereby an
26owner, after receiving a mitigation notice under this Section,



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1may submit a mitigation plan to the Department or delegate
2agency for review and approval.
3    (5) When a mitigation notice is issued for a dwelling unit
4inspected as a result of an elevated blood lead level in a
5pregnant person woman or a child, or if the dwelling unit is
6occupied by a child under 6 years of age or younger or a
7pregnant person woman, the owner shall mitigate the hazard
8within 30 days of receiving the notice; when no such child or
9pregnant person occupies the dwelling unit otherwise, the owner
10shall complete the mitigation within 90 days.
11    (6) An owner may apply to the Department or its delegate
12agency for an extension of the deadline for mitigation. If the
13Department or its delegate agency determines that the owner is
14making substantial progress toward mitigation, or that the
15failure to meet the deadline is the result of a shortage of
16licensed lead abatement contractors, lead abatement
17supervisors, or lead abatement workers, or that the failure to
18meet the deadline is because the owner is awaiting the review
19and approval of a mitigation plan, the Department or delegate
20agency may grant an extension of the deadline.
21    (7) The Department or its delegate agency may, after the
22deadline set for completion of mitigation, conduct a follow-up
23inspection of any dwelling unit for which a mitigation notice
24was issued for the purpose of determining whether the
25mitigation actions required have been completed and whether the
26activities have sufficiently mitigated the lead hazard as



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1provided under this Section. The Department or its delegate
2agency may conduct a follow-up inspection upon the request of
3an owner or resident. If, upon completing the follow-up
4inspection, the Department or its delegate agency finds that
5the lead hazard for which the mitigation notice was issued is
6not mitigated, the Department or its delegate agency shall
7serve the owner with notice of the deficiency and a mitigation
8order. The order shall indicate the specific actions the owner
9must take to comply with the mitigation requirements of this
10Act, which may include lead abatement if lead abatement is the
11sole means by which the lead hazard can be mitigated. The order
12shall also include the date by which the mitigation shall be
13completed. If, upon completing the follow-up inspection, the
14Department or delegate agency finds that the mitigation
15requirements of this Act have been satisfied, the Department or
16delegate agency shall provide the owner with a certificate of
17compliance stating that the required mitigation has been
19(Source: P.A. 87-175; 87-1144.)
20    (410 ILCS 45/9.1)  (from Ch. 111 1/2, par. 1309.1)
21    Sec. 9.1. Owner's obligation to give notice. An owner of a
22regulated facility dwelling unit or residential building who
23has received a mitigation notice under Section 9 of this Act
24shall, before entering into a new lease agreement or sales
25contract for the dwelling unit for which the mitigation notice



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1was issued, provide prospective lessees or purchasers of that
2unit with written notice that a lead hazard has previously been
3identified in the dwelling unit, unless the owner has obtained
4a certificate of compliance for the unit under Section 9. An
5owner may satisfy this notice requirement by providing the
6prospective lessee or purchaser with a copy of the inspection
7report prepared pursuant to Section 9.
8    Before entering into a residential lease agreement or sales
9contract, all owners of regulated facilities containing
10dwelling units residential buildings or dwelling units built
11before 1978 shall give prospective lessees or purchasers
12information on the potential health hazards posed by lead in
13regulated facilities residential dwellings by providing the
14prospective lessees or purchasers lessee with a copy of an
15informational brochure prepared by the Department. Within one
16year of the effective date of this amendatory Act of 1992,
17owners of residential buildings or dwelling units built before
181978 shall provide current lessees with such brochure.
19(Source: P.A. 87-1144.)
20    (410 ILCS 45/9.4)
21    Sec. 9.4. Owner's obligation to post notice. The owner of a
22regulated facility dwelling unit or residential building who
23has received a mitigation notice under Section 9 of this Act
24shall post notices at all entrances to in common areas of the
25regulated facility building specifying the identified lead



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1hazards. The posted notices, drafted by the Department and sent
2to the property owner with the notification of lead hazards,
3shall indicate the following:
4        (1) that a unit or units in the building have been
5    found to have lead hazards;
6        (2) that other units in the building may have lead
7    hazards;
8        (3) that the Department recommends that children 6
9    years of age or younger receive a blood lead testing
10    screening;
11        (4) where to seek further information; and
12        (5) whether 2 or more mitigation notices have been
13    issued for the regulated facility 2 or more dwelling units
14    within a 5-year period of time.
15    Once the owner has complied with a mitigation notice or
16mitigation order issued by the Department, the owner may remove
17the notices posted pursuant to this Section.
18(Source: P.A. 94-879, eff. 6-20-06.)
19    (410 ILCS 45/10)  (from Ch. 111 1/2, par. 1310)
20    Sec. 10. The Department, or representative of a unit of
21local government or health department approved by the
22Department for this purpose, shall report any violation of this
23Act to the State's Attorney of the county in which the
24regulated facility dwelling is located, who has then shall the
25authority to charge the owner with a Class A misdemeanor, and



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1who shall take additional measures to ensure insure that rent
2is withheld from the owner by the occupants of the dwelling or
3dwelling units affected, until the mitigation requirements
4under Section 9 of this Act are complied with.
5    No tenant shall be evicted because an individual with an
6elevated blood lead level or with suspected lead poisoning
7resides in the dwelling unit, or because rent is withheld under
8the provisions of this Act, or because of any action required
9of the dwelling owner of the regulated facility as a result of
10enforcement of this Act.
11    In cases where no action is taken which will result in the
12remedy of the hazard created by the lead-bearing substances
13within the stated time period, the local health officer and the
14local building officials may as practical utilize such
15community resources as are available to effect the relocation
16of the individuals who occupied the dwelling or dwelling unit
17affected until the remedy is made by the owner.
18(Source: P.A. 87-175; 87-1144.)
19    (410 ILCS 45/11)  (from Ch. 111 1/2, par. 1311)
20    Sec. 11. Lead abatement; Manner of mitigation of lead
21hazards. All lead abatement and lead mitigation shall be
22accomplished in a manner prescribed by the Department, which
23will not endanger the health or well-being of residential
24building or dwelling unit occupants of regulated facilities,
25and will result in the safe removal from the premises, and the



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1safe disposition, of flakes, chips, debris, dust, and other
2potentially harmful materials. The Department shall establish,
3by rule, work practice requirements for lead abatement and lead
5(Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
6    (410 ILCS 45/11.05)
7    Sec. 11.05. Advisory Council.
8    (a) The General Assembly finds the following:
9        (1) Lead-based paint poisoning is a potentially
10    devastating but preventable disease and is the number one
11    environmental threat to children's health in the United
12    States.
13        (2) The number of lead-poisoned children in Illinois is
14    among the highest in the nation, especially in older,
15    affordable properties.
16        (3) Lead poisoning causes irreversible damage to the
17    development of a child's nervous system. Even at low and
18    moderate levels, lead poisoning causes learning
19    disabilities, speech problems, shortened attention span,
20    hyperactivity, and behavioral problems. Recent research
21    links high levels of lead exposure to lower IQ scores and
22    to juvenile delinquency.
23        (4) Older housing is the number one risk factor for
24    childhood lead poisoning. Properties built before 1950 are
25    statistically much more likely to contain lead-based paint



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1    hazards than buildings constructed more recently.
2        (5) Illinois ranks 10th out of the 50 states in the age
3    of its housing stock. More than 50% of the housing units in
4    Chicago and in Rock Island, Peoria, Macon, Madison, and
5    Kankakee counties were built before 1960 and more than 43%
6    of the housing units in St. Clair, Winnebago, Sangamon,
7    Kane, and Cook counties were built before 1950.
8        (6) There are nearly 1.4 million households with
9    lead-based paint hazards in Illinois.
10        (7) Most children are lead-poisoned in their own homes
11    through exposure to lead dust from deteriorated lead-paint
12    surfaces, like windows, and when lead paint deteriorates or
13    is disturbed through home renovation and repainting.
14        (8) The control of lead hazards significantly reduces
15    lead poisoning rates. Other communities, including New
16    York City and Milwaukee, have successfully reduced lead
17    poisoning rates by removing lead-based paint hazards on
18    windows.
19        (9) Windows are considered a higher lead exposure risk
20    more often than other components in a housing unit. Windows
21    are a major contributor of lead dust in the home, due to
22    both weathering conditions and friction effects on paint.
23        (10) There is an insufficient pool of licensed lead
24    abatement workers and contractors to address the problem in
25    some areas of the State.
26        (11) Training, insurance, and licensing costs for lead



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1    removal workers are prohibitively high.
2        (12) Through grants from the United States Department
3    of Housing and Urban Development, some communities in
4    Illinois have begun to reduce lead poisoning of children.
5    While this is an ongoing effort, it addresses only a small
6    number of the low-income children statewide in communities
7    with high levels of lead paint in the housing stock.
8    (b) For purposes of this Section:
9    "Advisory Council" means the Lead-Safe Housing Advisory
10Council created under subsection (c).
11    "Lead-Safe Housing Maintenance Standards" or "Standards"
12means standards developed by the Advisory Council pursuant to
13this Section.
14    "Low-income" means a household at or below 80% of the
15median income level for a given county as determined annually
16by the United States Department of Housing and Urban
18    "Primary prevention" means removing lead hazards before a
19child is poisoned rather than relying on identification of a
20lead poisoned child as the triggering event.
21    (c) The Lead-Safe Housing Advisory Council is created to
22advise the Department on lead poisoning prevention activities.
23The Advisory Council shall be chaired by the Director or his or
24her designee and the chair of the Illinois Lead Safe Housing
25Task Force and provided with administrative support by the
26Department. The Advisory Council shall be comprised of (i) the



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1directors, or their designees, of the Illinois Housing
2Development Authority and the Environmental Protection Agency;
3and (ii) the directors, or their designees, of public health
4departments of counties identified by the Department that
5contain communities with a concentration of high-risk,
6lead-contaminated properties.
7    The Advisory Council shall also include the following
8members appointed by the Governor:
9        (1) One representative from the Illinois Association
10    of Realtors.
11        (2) One representative from the insurance industry.
12        (3) Two pediatricians or other physicians with
13    knowledge of lead-paint poisoning.
14        (4) Two representatives from the private-sector, lead
15    abatement lead-based-paint-abatement industry who are
16    licensed in Illinois as a lead an abatement contractor,
17    lead abatement supervisor, lead abatement worker, lead
18    inspector, or lead risk assessor.
19        (5) Two representatives from community based
20    organizations in communities with a concentration of high
21    risk lead contaminated properties. High-risk communities
22    shall be identified based upon the prevalence of low-income
23    families whose children are lead poisoned and the age of
24    the housing stock.
25        (6) At least 3 lead-safe housing advocates, including
26    (i)  the parent of a lead-poisoned child, (ii) a



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1    representative from a child advocacy organization, and
2    (iii) a representative from a tenant housing organization.
3        (7) One representative from the Illinois paint and
4    coatings industry.
5    Within 9 months after its formation, the Advisory Council
6shall submit a written report to the Governor and the General
7Assembly on:
8        (1) developing a primary prevention program for
9    addressing lead poisoning;
10        (2) developing a sufficient pool of lead abatement
11    workers and contractors;
12        (3) targeting blood lead testing for screening to
13    children residing in high-risk buildings and
14    neighborhoods;
15        (4) ensuring lead-safe work practices in all
16    remodeling, rehabilitation, and weatherization work;
17        (5) funding mechanisms to assist residential property
18    owners in costs of lead abatement and mitigation;
19        (6) providing insurance subsidies to licensed lead
20    abatement contractors who target their work to high-risk
21    communities; and
22        (7) developing any necessary legislation or rulemaking
23    to improve the effectiveness of State and local programs in
24    lead abatement and other prevention and control
25    activities.
26    The Advisory Council shall develop handbooks and training



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1for property owners and tenants explaining the Standards and
2State and federal requirements for lead-safe housing.
3    The Advisory Council shall meet at least quarterly. Its
4members shall receive no compensation for their services, but
5their reasonable travel expenses actually incurred shall be
6reimbursed by the Department.
7(Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
8    (410 ILCS 45/11.1)  (from Ch. 111 1/2, par. 1311.1)
9    Sec. 11.1. Licensing of lead abatement contractors, lead
10abatement supervisors, and lead abatement workers. Except as
11otherwise provided in this Act, performing lead abatement or
12mitigation without a license is a Class A misdemeanor and is
13also subject to civil and administrative penalties. The
14Department shall provide by rule for the licensing of lead
15abatement contractors, lead abatement supervisors, and lead
16abatement workers and shall establish rules standards and
17procedures for the licensure. The Department may collect a
18reasonable fee for the licenses. The fees shall be deposited
19into the Lead Poisoning Screening, Prevention, and Abatement
20Fund and used by the Department for the costs of licensing lead
21abatement contractors and workers and other activities
22prescribed by this Act.
23    The Department shall promote and encourage minorities and
24females and minority and female owned entities to apply for
25licensure under this Act as either licensed lead abatement



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1workers or licensed lead abatement contractors.
2    The Department may adopt any rules necessary to ensure
3proper implementation and administration of this Act and of the
4federal Toxic Substances Control Act, 15 USC 2682 and 2684, and
5the rules adopted regulations promulgated thereunder: Lead;
6Requirements for Lead-Based Paint Activities (40 CFR 745). The
7application of this Section shall not be limited to the
8activities taken in regard to lead poisoned children and shall
9include all activities related to lead abatement, mitigation
10and training.
11    No person may act as a lead abatement contractor unless the
12person is licensed as a lead abatement contractor by the
13Department in accordance with this Act and the rules adopted
14under it.
15    No person may act as a lead abatement supervisor unless the
16person is licensed as a lead abatement supervisor by the
17Department in accordance with this Act and the rules adopted
18under it.
19    No person may act as a lead abatement worker unless the
20person is licensed as a lead abatement worker by the Department
21in accordance with this Act and the rules adopted under it.
22    Except as otherwise provided by Department rule, on and
23after the effective date of this amendatory Act of the 98th
24General Assembly, any licensing requirement adopted pursuant
25to this Section that may be satisfied by an industrial
26hygienist licensed pursuant to the Industrial Hygienists



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1Licensure Act repealed in this amendatory Act may be satisfied
2by a Certified Industrial Hygienist certified by the American
3Board of Industrial Hygiene.
4(Source: P.A. 98-78, eff. 7-15-13.)
5    (410 ILCS 45/12.2 new)
6    Sec. 12.2. Violations and enforcement.
7    (a) The following provisions shall apply concerning
8criminal sanctions:
9        (1) Violation of any Section of this Act other than
10    Section 6.01 or Section 7 shall be punishable as a Class A
11    misdemeanor. A violation of Section 6.01 shall cause the
12    Department to issue a written warning for a first offense
13    and shall be a petty offense for a second or subsequent
14    offense if the violation occurs at the same location within
15    12 months after the first offense.
16        (2) Any person who knowingly violates this Act or the
17    rules adopted by the Department or who knowingly violates
18    any determination or order of the Department under this Act
19    shall be guilty of a Class 4 felony. A person who, after
20    being convicted under this paragraph, knowingly violates
21    this paragraph a second or subsequent time commits a Class
22    3 felony.
23        (3) Any person who knowingly makes a false statement,
24    orally or in writing, to the Department related to or
25    required by this Act, a rule adopted under this Act, any



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1    federal law or rule for which the Department has
2    responsibility, or any determination or order of the
3    Department under this Act, or any permit, term, or
4    condition thereof, commits a Class 4 felony, and each such
5    statement or writing shall be considered a separate Class 4
6    felony. A person who, after being convicted under this
7    paragraph, knowingly violates this paragraph a second or
8    subsequent time commits a Class 3 felony.
9        (4) Any criminal action brought under this Section
10    shall be brought by the State's Attorney of the county in
11    which the violation occurred or by the Attorney General and
12    shall be conducted in accordance with the applicable
13    provisions of the Code of Criminal Procedure of 1963.
14        (5) For an offense described in this subsection (a),
15    the period for commencing prosecution prescribed by the
16    statute of limitations shall not begin to run until the
17    offense is discovered by or reported to a State or local
18    agency having the authority to investigate violations of
19    this Act.
20        (6) In addition to any other penalty provided under
21    this Act, the court in a criminal action brought under this
22    subsection (a) may impose upon any person who violates this
23    Act or the rules adopted under this Act or who does not
24    comply with a notice of deficiency and a mitigation order
25    issued under subsection (7) of Section 9 of this Act or who
26    fails to comply with subsection (3) or subsection (5) of



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1    Section 9 of this Act a penalty not to exceed $5,000 for
2    each violation. Each day a violation exists constitutes a
3    separate violation. In assessing a criminal penalty under
4    this Section, the court shall consider any civil fines the
5    person has paid which were imposed pursuant to subsection
6    (b) of this Section. Any penalties collected in a court
7    proceeding shall be deposited into a delegated county lead
8    poisoning screening, prevention, and abatement fund or, if
9    no delegated county or lead poisoning screening,
10    prevention, and abatement fund exists, into the Lead
11    Poisoning Screening, Prevention, and Abatement Fund
12    established under Section 7.2 of this Act.
13    (b) The Department is authorized to assess administrative
14civil fines against any licensee or any other person who
15violates this Act or the rules adopted under this Act. These
16fines may be assessed in addition to or in lieu of license
17suspensions or revocations and in addition to or in lieu of
18criminal sanctions. The amount of the administrative civil fine
19shall be determined by rules adopted by the Department. Each
20day a violation exists shall constitute a separate violation.
21The minimum civil fine shall be $50 per violation per day and
22the maximum civil fine shall be $5,000 per violation per day.
23Any civil fines so collected shall be deposited into the Lead
24Poisoning Screening, Prevention, and Abatement Fund
25established under Section 7.2 of this Act.
26    (c) The Director, after notice and opportunity for hearing,



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1may deny, suspend, or revoke a license of a licensee or fine a
2licensee or any other person who has violated this Act or the
3rules adopted under this Act. Notice shall be provided by
4certified mail, return receipt requested, or by personal
5service, fixing a date, not less than 15 days from the date of
6such mailing or service, at which time the person shall be
7given an opportunity to request a hearing. Failure to request a
8hearing within that time period constitutes a waiver of the
9right to a hearing. The hearing shall be conducted by the
10Director or by an individual designated in writing by the
11Director as a hearing officer to conduct the hearing. On the
12basis of any such hearing or upon default of the respondent,
13the Director shall make a determination specifying his or her
14findings and conclusions. A copy of the determination shall be
15sent by certified mail, return receipt requested, or served
16personally upon the respondent.
17    (d) The procedure governing hearings authorized by this
18Section shall be in accordance with rules adopted by the
19Department. A full and complete record shall be kept of all
20proceedings, including the notice of hearing, complaint, and
21all other documents in the nature of pleadings, written motions
22filed in the proceedings, and the report and orders of the
23Director and hearing officer. All testimony shall be reported,
24but need not be transcribed unless the decision is sought to be
25reviewed under the Administrative Review Law. A copy or copies
26of the transcript may be obtained by any interested party on



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



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1of witnesses, the production of books, papers, records, or
2memoranda, and the giving of testimony before the Director or
3hearing officer conducting an investigation or holding a
4hearing authorized by this Act, by an attachment for contempt
5or otherwise, in the same manner as production of evidence may
6be compelled before the court.
7    (f) All final administrative decisions of the Department
8under this Act shall be subject to judicial review pursuant to
9the provisions of the Administrative Review Law and the rules
10adopted under it. "Administrative decision" has the meaning
11ascribed to it in Section 3-101 of the Code of Civil Procedure.
12The Department is not required to certify any record or file
13any answer or otherwise appear in any proceeding for judicial
14review unless the party filing the complaint deposits with the
15clerk of the court the sum of $2 per page representing the
16costs of the certification. Failure on the part of the
17plaintiff to make such deposit shall be grounds for dismissal
18of the action.
19    (g) The State's Attorney of the county in which the
20violation occurred or the Attorney General shall bring such
21actions in the name of the people of the State of Illinois and
22may, in addition to other remedies provided in this Act, bring
23action for an injunction to restrain such violation, impose
24civil penalties, and enjoin the operation of any such person or



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1    (410 ILCS 45/13)  (from Ch. 111 1/2, par. 1313)
2    Sec. 13. The Department is authorized to adopt promulgate
3reasonable rules and regulations for carrying out the
4provisions of this Act.
5(Source: P.A. 87-175.)
6    (410 ILCS 45/14)  (from Ch. 111 1/2, par. 1314)
7    Sec. 14. Departmental rules regulations and activities.
8The Department shall establish and publish rules regulations
9and guidelines governing permissible limits of lead in and
10about regulated facilities residential buildings and
12    The Department shall also initiate activities that:
13        (a) Either Will either provide for or support the
14    monitoring and validation of all medical laboratories and
15    private and public hospitals that perform lead
16    determination tests on human blood or other tissues.
17        (b) Subject Will, subject to Section 7.2 of this Act,
18    provide laboratory testing of blood specimens for lead
19    content to any physician, hospital, clinic, free clinic,
20    municipality, or private organization that cannot secure
21    or provide the services through other sources. The
22    Department shall not assume responsibility for blood lead
23    analysis required in programs currently in operation.
24        (c) Develop Will develop or encourage the development
25    of appropriate programs and studies to identify sources of



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1    lead intoxication and assist other entities in the
2    identification of lead in children's blood and the sources
3    of that intoxication.
4        (d) Provide May provide technical assistance and
5    consultation to local, county, or regional governmental or
6    private agencies for the promotion and development of lead
7    poisoning prevention programs.
8        (e) Provide Will provide recommendations by the
9    Department on the subject of identification, case
10    management, and treatment of lead poisoning.
11        (f) Maintain Will maintain a clearinghouse of
12    information, and will develop additional educational
13    materials, on (i) lead hazards to children, (ii) lead
14    poisoning prevention, (iii) blood lead testing poisoning
15    screening, (iv) lead mitigation, lead abatement, and
16    disposal, and (v) health hazards during lead abatement. The
17    Department shall make this information available to the
18    general public.
19(Source: P.A. 95-331, eff. 8-21-07.)
20    (410 ILCS 45/9.2 rep.)
21    (410 ILCS 45/9.3 rep.)
22    (410 ILCS 45/11.2 rep.)
23    (410 ILCS 45/12 rep.)
24    Section 10. The Lead Poisoning Prevention Act is amended by
25repealing Sections 9.2, 9.3, 11.2, and 12.".