Full Text of SB2996 100th General Assembly
SB2996sam001 100TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 3/1/2018
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| 1 | | AMENDMENT TO SENATE BILL 2996
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2996 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Lead Poisoning Prevention Act is amended by | 5 | | changing Sections 2 and 7 as follows:
| 6 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | "Child care facility" means any structure used by a child | 9 | | care
provider licensed by the Department of Children and Family | 10 | | Services or
public or private school structure frequented by | 11 | | children 6 years of
age or younger.
| 12 | | "Childhood Lead Risk Questionnaire" means the | 13 | | questionnaire developed by the Department for use by physicians | 14 | | and other health care providers to determine risk factors for | 15 | | children 6 years of age or younger residing in areas designated | 16 | | as low risk for lead exposure. |
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| 1 | | "Delegate agency" means a unit of local government or | 2 | | health
department approved by the Department to carry out the | 3 | | provisions of this Act.
| 4 | | "Department" means the Department of Public Health.
| 5 | | "Director" means the Director of Public Health.
| 6 | | "Dwelling unit" means an individual unit within a | 7 | | residential building used as living quarters for one household. | 8 | | "Elevated blood lead level" means a level of lead in the | 9 | | bloodstream that necessitates the undertaking of responsive | 10 | | action and equals or exceeds the lower of: (1) 5 micrograms of | 11 | | lead per deciliter of blood; or (2) an amount identified in the | 12 | | most recent recommendations from the federal Centers for | 13 | | Disease Control and Prevention blood lead level in excess of | 14 | | those considered within the permissible limits as established | 15 | | under State and federal rules . | 16 | | "Exposed surface" means any interior or exterior surface of
| 17 | | a regulated facility. | 18 | | "High risk area" means an area in the State determined by | 19 | | the Department to
be high risk for lead exposure for children 6 | 20 | | years of age or younger. The
Department may consider, but is | 21 | | not limited to, the following factors to
determine a high risk | 22 | | area: age and condition (using Department of Housing and
Urban
| 23 | | Development definitions of "slum" and "blighted") of housing, | 24 | | proximity to
highway traffic or heavy local traffic or both, | 25 | | percentage of housing
determined as rental or vacant, proximity | 26 | | to industry using lead, established
incidence of elevated blood |
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| 1 | | lead levels in children, percentage of population
living
below | 2 | | 200% of federal poverty guidelines, and number of children | 3 | | residing in
the area who are 6 years of age or younger.
| 4 | | "Lead abatement" means any approved work practices that | 5 | | will permanently eliminate lead exposure or remove the | 6 | | lead-bearing substances in a regulated facility. The | 7 | | Department shall establish by rule which work practices are | 8 | | approved or prohibited for lead abatement. | 9 | | "Lead abatement contractor" means any person or entity | 10 | | licensed by the
Department to perform lead abatement and | 11 | | mitigation.
| 12 | | "Lead abatement supervisor" means any person employed by a | 13 | | lead abatement contractor and licensed by the Department to | 14 | | perform lead abatement and lead mitigation and to supervise | 15 | | lead workers who perform lead abatement and lead mitigation. | 16 | | "Lead abatement worker" means any person employed by a lead | 17 | | abatement
contractor and licensed by the Department to perform | 18 | | lead abatement and
mitigation.
| 19 | | "Lead activities" means the conduct of any lead services, | 20 | | including, lead inspection, lead risk assessment, lead | 21 | | mitigation, or lead abatement work or supervision in a | 22 | | regulated facility. | 23 | | "Lead-bearing substance" means any item containing or | 24 | | coated with lead such that the lead content is more than | 25 | | six-hundredths of one percent (0.06%) lead by total weight; or | 26 | | any dust on surfaces or in
furniture or other nonpermanent |
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| 1 | | elements of the regulated facility; or any paint or
other | 2 | | surface coating material containing more than five-tenths of | 3 | | one
percent (0.5%) lead by total weight (calculated as lead | 4 | | metal) in the total
non-volatile content of liquid paint; or | 5 | | lead-bearing substances containing
greater than one milligram | 6 | | per square centimeter or any lower standard for
lead content in | 7 | | residential paint as may be established by federal law or rule; | 8 | | or more than 1 milligram per square centimeter in the dried
| 9 | | film of paint or previously applied substance; or item or dust | 10 | | on item containing lead in
excess of the amount specified in | 11 | | the rules authorized by
this Act or a lower standard for lead | 12 | | content as may be established by
federal law or rule. | 13 | | "Lead-bearing substance" does not include firearm ammunition | 14 | | or components as defined by the Firearm Owners Identification | 15 | | Card Act.
| 16 | | "Lead hazard" means a lead-bearing substance that poses an
| 17 | | immediate health hazard to humans.
| 18 | | "Lead hazard screen" means a lead risk assessment that | 19 | | involves limited dust and paint sampling for lead-bearing | 20 | | substances and lead hazards. This service is used as a | 21 | | screening tool designed to determine if further lead | 22 | | investigative services are required for the regulated | 23 | | facility. | 24 | | "Lead inspection" means a surface-by-surface investigation | 25 | | to determine the presence of lead-based paint. | 26 | | "Lead inspector" means an individual who has been trained |
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| 1 | | by a Department-approved training program and is licensed by | 2 | | the Department to conduct lead inspections; to sample for the | 3 | | presence of lead in paint, dust, soil, and water; and to | 4 | | conduct compliance investigations. | 5 | | "Lead mitigation" means the remediation, in a
manner | 6 | | described in Section 9, of a lead hazard so that the
| 7 | | lead-bearing substance does not pose an immediate
health hazard | 8 | | to humans. | 9 | | "Lead poisoning" means the poisoning of the bloodstream | 10 | | that results from exposure to lead or lead-based substances in | 11 | | water, paint, building materials, or the environment, and that | 12 | | causes uncorrectable developmental delay and decreased mental | 13 | | functioning capacity in children and, in severe cases, can lead | 14 | | to a child's premature death the condition of having blood lead | 15 | | levels in
excess of those considered safe under State and | 16 | | federal rules .
| 17 | | "Lead risk assessment" means an on-site investigation to | 18 | | determine the existence, nature, severity, and location of lead | 19 | | hazards. "Lead risk assessment" includes any lead sampling and | 20 | | visual assessment associated with conducting a lead risk | 21 | | assessment and lead hazard screen and all lead sampling | 22 | | associated with compliance investigations. | 23 | | "Lead risk assessor" means an individual who has been | 24 | | trained by a Department-approved training program and is | 25 | | licensed by the Department to conduct lead risk assessments, | 26 | | lead inspections, and lead hazard screens; to sample for the |
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| 1 | | presence of lead in paint, dust, soil, water, and sources for | 2 | | lead-bearing substances; and to conduct compliance | 3 | | investigations. | 4 | | "Lead training program provider" means any person | 5 | | providing Department-approved lead training in Illinois to | 6 | | individuals seeking licensure in accordance with the Act. | 7 | | "Low risk area" means an area in the State determined by
| 8 | | the Department to be low risk for lead exposure for children 6 | 9 | | years of age or younger. The Department may consider the | 10 | | factors named in "high risk area" to determine low
risk areas. | 11 | | "Owner" means any person, who alone, jointly, or severally | 12 | | with
others:
| 13 | | (a) Has legal title to any regulated facility, with or
| 14 | | without actual possession of the regulated facility, or
| 15 | | (b) Has charge, care, or control of the regulated | 16 | | facility as owner or agent of the owner, or as executor, | 17 | | administrator,
trustee, or guardian of the estate of the | 18 | | owner.
| 19 | | "Person" means any individual, partnership, firm, company, | 20 | | limited liability company, corporation, association, joint | 21 | | stock company, trust, estate, political subdivision, State | 22 | | agency, or any other legal entity, or their legal | 23 | | representative, agent, or assign.
| 24 | | "Regulated facility" means a residential building or child | 25 | | care facility. | 26 | | "Residential building" means any room, group of rooms, or |
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| 1 | | other
interior areas of a structure designed or used for human | 2 | | habitation; common
areas accessible by inhabitants; and the | 3 | | surrounding property or structures.
| 4 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 5 | | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
| 6 | | Sec. 7. Reports of lead poisoning required; lead | 7 | | information to remain confidential; disclosure prohibited. | 8 | | Every physician who
diagnoses, or a health care provider, | 9 | | nurse, hospital administrator, or public health officer who has
| 10 | | verified information of the
existence of a blood lead test | 11 | | result for any child or pregnant person shall report the result | 12 | | to the Department. An elevated blood lead level Results in | 13 | | excess of the permissible limits set forth in rules
adopted by | 14 | | the Department shall be reported to the Department within 48 | 15 | | hours of receipt of
verification. Reports
shall include the | 16 | | name, address, laboratory results, date
of birth, and any other | 17 | | information about the child or pregnant person deemed essential | 18 | | by
the Department. Directors of clinical laboratories must | 19 | | report to the
Department, within 48 hours of receipt of | 20 | | verification, all
blood
lead analyses that show an elevated | 21 | | blood lead level above permissible limits set forth in rule | 22 | | performed in their facility. The information included in the
| 23 | | clinical laboratories report shall include, but not be limited | 24 | | to, the child's
name, address, date of birth, name of physician | 25 | | ordering analysis, and specimen
type. All blood lead level |
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| 1 | | analyses that do not show an elevated blood lead level levels | 2 | | less than the permissible limits set forth in rule must be | 3 | | reported to the Department in accordance
with rules adopted by | 4 | | the Department. These rules shall not require reporting
in less | 5 | | than 30 days after the end of the month in which the results
| 6 | | are obtained. All information obtained by the Department from | 7 | | any source and all information, data, reports, e-mails, | 8 | | letters, and other documents generated by the Department or any | 9 | | of its delegate agencies concerning any person subject to this | 10 | | Act receiving a blood lead test
shall be treated in
the same | 11 | | manner as information subject to the provisions of Part 21 of | 12 | | Article
VIII of the Code of Civil Procedure and shall not be | 13 | | disclosed. This prohibition on disclosure extends to all | 14 | | information and reports obtained or created by the Department | 15 | | or any of its delegate agencies concerning any regulated | 16 | | facility that has been identified as a potential lead hazard or | 17 | | a source of lead poisoning. This prohibition on disclosure does | 18 | | not prevent the Department or its delegates from using any | 19 | | information it obtains civilly, criminally, or | 20 | | administratively to prosecute any person who violates this Act, | 21 | | nor does it prevent the Department or its delegates from | 22 | | disclosing any certificate of compliance, notice, or | 23 | | mitigation order issued pursuant to this Act. Any physician, | 24 | | nurse, hospital
administrator, director of a
clinical | 25 | | laboratory, public health officer, or allied health | 26 | | professional
making a report in good faith shall be immune from |
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| 1 | | any civil or criminal
liability that otherwise might be | 2 | | incurred from the making of a report.
| 3 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 4 | | Section 99. Effective date. This Act takes effect January | 5 | | 1, 2019.".
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