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 
3everything after the enacting clause with the following:


4 "Section 5. The Lead Poisoning Prevention Act is amended by 
5changing 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 
9care
provider licensed by the Department of Children and Family 
10Services or
public or private school structure frequented by 
11children 6 years of
age or younger.

12 "Childhood Lead Risk Questionnaire" means the 
13questionnaire developed by the Department for use by physicians 
14and other health care providers to determine risk factors for 
15children 6 years of age or younger residing in areas designated 
16as low risk for lead exposure.
 
 
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1 "Delegate agency" means a unit of local government or 
2health
department approved by the Department to carry out the 
3provisions 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 
7residential building used as living quarters for one household. 
8 "Elevated blood lead level" means a level of lead in the 
9bloodstream that necessitates the undertaking of responsive 
10action and equals or exceeds the lower of: (1) 5 micrograms of 
11lead per deciliter of blood; or (2) an amount identified in the 
12most recent recommendations from the federal Centers for 
13Disease Control and Prevention blood lead level in excess of 
14those considered within the permissible limits as established 
15under State and federal rules. 
16 "Exposed surface" means any interior or exterior surface of

17a regulated facility. 
18 "High risk area" means an area in the State determined by 
19the Department to
be high risk for lead exposure for children 6 
20years of age or younger. The
Department may consider, but is 
21not limited to, the following factors to
determine a high risk 
22area: age and condition (using Department of Housing and
Urban

23Development definitions of "slum" and "blighted") of housing, 
24proximity to
highway traffic or heavy local traffic or both, 
25percentage of housing
determined as rental or vacant, proximity 
26to industry using lead, established
incidence of elevated blood 
 
 
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1lead levels in children, percentage of population
living
below 
2200% of federal poverty guidelines, and number of children 
3residing in
the area who are 6 years of age or younger.

4 "Lead abatement" means any approved work practices that 
5will permanently eliminate lead exposure or remove the 
6lead-bearing substances in a regulated facility. The 
7Department shall establish by rule which work practices are 
8approved or prohibited for lead abatement. 
9 "Lead abatement contractor" means any person or entity 
10licensed by the
Department to perform lead abatement and 
11mitigation.

12 "Lead abatement supervisor" means any person employed by a 
13lead abatement contractor and licensed by the Department to 
14perform lead abatement and lead mitigation and to supervise 
15lead workers who perform lead abatement and lead mitigation. 
16 "Lead abatement worker" means any person employed by a lead 
17abatement
contractor and licensed by the Department to perform 
18lead abatement and
mitigation.

19 "Lead activities" means the conduct of any lead services, 
20including, lead inspection, lead risk assessment, lead 
21mitigation, or lead abatement work or supervision in a 
22regulated facility. 
23 "Lead-bearing substance" means any item containing or 
24coated with lead such that the lead content is more than 
25six-hundredths of one percent (0.06%) lead by total weight; or 
26any dust on surfaces or in
furniture or other nonpermanent 
 
 
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1elements of the regulated facility; or any paint or
other 
2surface coating material containing more than five-tenths of 
3one
percent (0.5%) lead by total weight (calculated as lead 
4metal) in the total
non-volatile content of liquid paint; or 
5lead-bearing substances containing
greater than one milligram 
6per square centimeter or any lower standard for
lead content in 
7residential paint as may be established by federal law or rule; 
8or more than 1 milligram per square centimeter in the dried

9film of paint or previously applied substance; or item or dust 
10on item containing lead in
excess of the amount specified in 
11the rules authorized by
this Act or a lower standard for lead 
12content as may be established by
federal law or rule. 
13"Lead-bearing substance" does not include firearm ammunition 
14or components as defined by the Firearm Owners Identification 
15Card Act.

16 "Lead hazard" means a lead-bearing substance that poses an

17immediate health hazard to humans.

18 "Lead hazard screen" means a lead risk assessment that 
19involves limited dust and paint sampling for lead-bearing 
20substances and lead hazards. This service is used as a 
21screening tool designed to determine if further lead 
22investigative services are required for the regulated 
23facility.
24 "Lead inspection" means a surface-by-surface investigation 
25to determine the presence of lead-based paint.
26 "Lead inspector" means an individual who has been trained 
 
 
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1by a Department-approved training program and is licensed by 
2the Department to conduct lead inspections; to sample for the 
3presence of lead in paint, dust, soil, and water; and to 
4conduct compliance investigations. 
5 "Lead mitigation" means the remediation, in a
manner 
6described in Section 9, of a lead hazard so that the

7lead-bearing substance does not pose an immediate
health hazard 
8to humans. 
9 "Lead poisoning" means the poisoning of the bloodstream 
10that results from exposure to lead or lead-based substances in 
11water, paint, building materials, or the environment, and that 
12causes uncorrectable developmental delay and decreased mental 
13functioning capacity in children and, in severe cases, can lead 
14to a child's premature death the condition of having blood lead 
15levels in
excess of those considered safe under State and 
16federal rules.

17 "Lead risk assessment" means an on-site investigation to 
18determine the existence, nature, severity, and location of lead 
19hazards. "Lead risk assessment" includes any lead sampling and 
20visual assessment associated with conducting a lead risk 
21assessment and lead hazard screen and all lead sampling 
22associated with compliance investigations.
23 "Lead risk assessor" means an individual who has been 
24trained by a Department-approved training program and is 
25licensed by the Department to conduct lead risk assessments, 
26lead inspections, and lead hazard screens; to sample for the 
 
 
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1presence of lead in paint, dust, soil, water, and sources for 
2lead-bearing substances; and to conduct compliance 
3investigations.
4 "Lead training program provider" means any person 
5providing Department-approved lead training in Illinois to 
6individuals seeking licensure in accordance with the Act. 
7 "Low risk area" means an area in the State determined by

8the Department to be low risk for lead exposure for children 6 
9years of age or younger. The Department may consider the 
10factors named in "high risk area" to determine low
risk areas. 
11 "Owner" means any person, who alone, jointly, or severally 
12with
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, 
20limited liability company, corporation, association, joint 
21stock company, trust, estate, political subdivision, State 
22agency, or any other legal entity, or their legal 
23representative, agent, or assign.

24 "Regulated facility" means a residential building or child 
25care facility. 
26 "Residential building" means any room, group of rooms, or 
 
 
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1other
interior areas of a structure designed or used for human 
2habitation; common
areas accessible by inhabitants; and the 
3surrounding 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 
7information to remain confidential; disclosure prohibited. 
8Every physician who
diagnoses, or a health care provider, 
9nurse, hospital administrator, or public health officer who has

10verified information of the
existence of a blood lead test 
11result for any child or pregnant person shall report the result 
12to the Department. An elevated blood lead level Results in 
13excess of the permissible limits set forth in rules
adopted by 
14the Department shall be reported to the Department within 48 
15hours of receipt of
verification. Reports
shall include the 
16name, address, laboratory results, date
of birth, and any other 
17information about the child or pregnant person deemed essential 
18by
the Department. Directors of clinical laboratories must 
19report to the
Department, within 48 hours of receipt of 
20verification, all
blood
lead analyses that show an elevated 
21blood lead level above permissible limits set forth in rule 
22performed in their facility. The information included in the

23clinical laboratories report shall include, but not be limited 
24to, the child's
name, address, date of birth, name of physician 
25ordering analysis, and specimen
type. All blood lead level 
 
 
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1analyses that do not show an elevated blood lead level levels 
2less than the permissible limits set forth in rule must be 
3reported to the Department in accordance
with rules adopted by 
4the Department. These rules shall not require reporting
in less 
5than 30 days after the end of the month in which the results

6are obtained. All information obtained by the Department from 
7any source and all information, data, reports, e-mails, 
8letters, and other documents generated by the Department or any 
9of its delegate agencies concerning any person subject to this 
10Act receiving a blood lead test
shall be treated in
the same 
11manner as information subject to the provisions of Part 21 of 
12Article
VIII of the Code of Civil Procedure and shall not be 
13disclosed. This prohibition on disclosure extends to all 
14information and reports obtained or created by the Department 
15or any of its delegate agencies concerning any regulated 
16facility that has been identified as a potential lead hazard or 
17a source of lead poisoning. This prohibition on disclosure does 
18not prevent the Department or its delegates from using any 
19information it obtains civilly, criminally, or 
20administratively to prosecute any person who violates this Act, 
21nor does it prevent the Department or its delegates from 
22disclosing any certificate of compliance, notice, or 
23mitigation order issued pursuant to this Act. Any physician, 
24nurse, hospital
administrator, director of a
clinical 
25laboratory, public health officer, or allied health 
26professional
making a report in good faith shall be immune from 
 
 
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1any civil or criminal
liability that otherwise might be 
2incurred 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 
51, 2019.".