Sen. Jacqueline Y. Collins
Filed: 4/6/2018
 
 


 




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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, 7, and 14 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 blood lead level in 
9excess of the those considered within the permissible limits as 
10established under State and federal rules. 
11 "Exposed surface" means any interior or exterior surface of

12a regulated facility. 
13 "High risk area" means an area in the State determined by 
14the Department to
be high risk for lead exposure for children 6 
15years of age or younger. The
Department may consider, but is 
16not limited to, the following factors to
determine a high risk 
17area: age and condition (using Department of Housing and
Urban

18Development definitions of "slum" and "blighted") of housing, 
19proximity to
highway traffic or heavy local traffic or both, 
20percentage of housing
determined as rental or vacant, proximity 
21to industry using lead, established
incidence of elevated blood 
22lead levels in children, percentage of population
living
below 
23200% of federal poverty guidelines, and number of children 
24residing in
the area who are 6 years of age or younger.

25 "Lead abatement" means any approved work practices that 
26will permanently eliminate lead exposure or remove the 
 
 
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1lead-bearing substances in a regulated facility. The 
2Department shall establish by rule which work practices are 
3approved or prohibited for lead abatement. 
4 "Lead abatement contractor" means any person or entity 
5licensed by the
Department to perform lead abatement and 
6mitigation.

7 "Lead abatement supervisor" means any person employed by a 
8lead abatement contractor and licensed by the Department to 
9perform lead abatement and lead mitigation and to supervise 
10lead workers who perform lead abatement and lead mitigation. 
11 "Lead abatement worker" means any person employed by a lead 
12abatement
contractor and licensed by the Department to perform 
13lead abatement and
mitigation.

14 "Lead activities" means the conduct of any lead services, 
15including, lead inspection, lead risk assessment, lead 
16mitigation, or lead abatement work or supervision in a 
17regulated facility. 
18 "Lead-bearing substance" means any item containing or 
19coated with lead such that the lead content is more than 
20six-hundredths of one percent (0.06%) lead by total weight; or 
21any dust on surfaces or in
furniture or other nonpermanent 
22elements of the regulated facility; or any paint or
other 
23surface coating material containing more than five-tenths of 
24one
percent (0.5%) lead by total weight (calculated as lead 
25metal) in the total
non-volatile content of liquid paint; or 
26lead-bearing substances containing
greater than one milligram 
 
 
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1per square centimeter or any lower standard for
lead content in 
2residential paint as may be established by federal law or rule; 
3or more than 1 milligram per square centimeter in the dried

4film of paint or previously applied substance; or item or dust 
5on item containing lead in
excess of the amount specified in 
6the rules authorized by
this Act or a lower standard for lead 
7content as may be established by
federal law or rule. 
8"Lead-bearing substance" does not include firearm ammunition 
9or components as defined by the Firearm Owners Identification 
10Card Act.

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

12immediate health hazard to humans.

13 "Lead hazard screen" means a lead risk assessment that 
14involves limited dust and paint sampling for lead-bearing 
15substances and lead hazards. This service is used as a 
16screening tool designed to determine if further lead 
17investigative services are required for the regulated 
18facility.
19 "Lead inspection" means a surface-by-surface investigation 
20to determine the presence of lead-based paint.
21 "Lead inspector" means an individual who has been trained 
22by a Department-approved training program and is licensed by 
23the Department to conduct lead inspections; to sample for the 
24presence of lead in paint, dust, soil, and water; and to 
25conduct compliance investigations. 
26 "Lead mitigation" means the remediation, in a
manner 
 
 
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1described in Section 9, of a lead hazard so that the

2lead-bearing substance does not pose an immediate
health hazard 
3to humans. 
4 "Lead poisoning" means the condition of having an elevated 
5blood lead level. blood lead levels in
excess of those 
6considered safe under State and federal rules.

7 "Lead risk assessment" means an on-site investigation to 
8determine the existence, nature, severity, and location of lead 
9hazards. "Lead risk assessment" includes any lead sampling and 
10visual assessment associated with conducting a lead risk 
11assessment and lead hazard screen and all lead sampling 
12associated with compliance investigations.
13 "Lead risk assessor" means an individual who has been 
14trained by a Department-approved training program and is 
15licensed by the Department to conduct lead risk assessments, 
16lead inspections, and lead hazard screens; to sample for the 
17presence of lead in paint, dust, soil, water, and sources for 
18lead-bearing substances; and to conduct compliance 
19investigations.
20 "Lead training program provider" means any person 
21providing Department-approved lead training in Illinois to 
22individuals seeking licensure in accordance with the Act. 
23 "Low risk area" means an area in the State determined by

24the Department to be low risk for lead exposure for children 6 
25years of age or younger. The Department may consider the 
26factors named in "high risk area" to determine low
risk areas. 
 
 
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1 "Owner" means any person, who alone, jointly, or severally 
2with
others:

3  (a) Has legal title to any regulated facility, with or

4 without actual possession of the regulated facility, or

5  (b) Has charge, care, or control of the regulated 
6 facility as owner or agent of the owner, or as executor, 
7 administrator,
trustee, or guardian of the estate of the 
8 owner.

9 "Person" means any individual, partnership, firm, company, 
10limited liability company, corporation, association, joint 
11stock company, trust, estate, political subdivision, State 
12agency, or any other legal entity, or their legal 
13representative, agent, or assign.

14 "Regulated facility" means a residential building or child 
15care facility. 
16 "Residential building" means any room, group of rooms, or 
17other
interior areas of a structure designed or used for human 
18habitation; common
areas accessible by inhabitants; and the 
19surrounding property or structures.

20(Source: P.A. 98-690, eff. 1-1-15.)




21 (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)



22 Sec. 7. Reports of lead poisoning required; lead 
23information to remain confidential; disclosure prohibited. 
24Every physician who
diagnoses, or a health care provider, 
25nurse, hospital administrator, or public health officer who has

 
 
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1verified information of the
existence of a blood lead test 
2result for any child or pregnant person shall report the result 
3to the Department. Results identifying an elevated blood lead 
4level in excess of the permissible limits set forth in rules

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

2VIII of the Code of Civil Procedure and shall not be disclosed. 
3This prohibition on disclosure extends to all information and 
4reports obtained or created by the Department or any of its 
5delegate agencies concerning any regulated facility that has 
6been identified as a potential lead hazard or a source of lead 
7poisoning. This prohibition on disclosure does not prevent the 
8Department or its delegates from using any information it 
9obtains civilly, criminally, or administratively to prosecute 
10any person who violates this Act, nor does it prevent the 
11Department or its delegates from disclosing any certificate of 
12compliance, notice, or mitigation order issued pursuant to this 
13Act. Any physician, nurse, hospital
administrator, director of 
14a
clinical laboratory, public health officer, or allied health 
15professional
making a report in good faith shall be immune from 
16any civil or criminal
liability that otherwise might be 
17incurred from the making of a report.

18(Source: P.A. 98-690, eff. 1-1-15.)




19 (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)



20 Sec. 14. Departmental rules and activities. The Department 
21shall
establish and publish rules governing permissible
limits 
22of lead in and about regulated facilities.

23 No later than 180 days after the effective date of this 
24amendatory Act of the 100th General Assembly, the Department 
25shall submit proposed amended rules to the Joint Committee on 
 
 
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1Administrative Rules to update: the definition of elevated 
2blood lead level to be in accordance with the most recent 
3childhood blood lead level reference value from the federal 
4Centers for Disease Control and Prevention; the current 
5requirements for the inspection of regulated facilities 
6occupied by children based on the updated definition of 
7elevated blood lead level or the history of lead hazards; and 
8any other existing rules that will assist the Department in its 
9efforts to prevent, reduce, or mitigate the negative impact of 
10instances of lead poisoning among children. The changes made to 
11this Section by this amendatory Act of the 100th General 
12Assembly do not preclude subsequent rulemaking by the 
13Department. 
14 The Department shall also initiate activities that:

15  (a) Either provide for or support the monitoring and 
16 validation
of all medical laboratories and private and 
17 public hospitals that
perform lead determination tests on 
18 human blood or other tissues.

19  (b) Subject to Section 7.2 of this Act, provide 
20 laboratory testing
of blood specimens for lead content to 
21 any physician, hospital, clinic,
free clinic, 
22 municipality, or private organization
that cannot secure 
23 or provide the services through other sources. The

24 Department shall not assume responsibility for blood lead 
25 analysis required
in programs currently in operation.

26  (c) Develop or encourage the development of 
 
 
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1 appropriate programs
and studies to identify sources of 
2 lead intoxication and assist other
entities in the 
3 identification of lead in children's blood and the sources

4 of that intoxication.

5  (d) Provide technical assistance and consultation to 
6 local,
county, or regional governmental or private 
7 agencies for the promotion
and development of lead 
8 poisoning prevention programs.

9  (e) Provide recommendations by the Department on the 
10 subject of
identification, case management, and treatment 
11 of lead poisoning.

12  (f) Maintain a clearinghouse of information, and will 
13 develop
additional educational materials, on (i) lead 
14 hazards to children,
(ii) lead poisoning prevention, (iii) 
15 blood lead testing,
(iv) lead mitigation, lead abatement, 
16 and disposal, and (v)
health hazards during lead abatement. 
17 The Department shall make this information
available to the 
18 general public.

19(Source: P.A. 98-690, eff. 1-1-15.)".