Public Act 096-1137
 
HB4805 EnrolledLRB096 16554 RPM 31826 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Lead Poisoning Prevention Act is amended by
changing Section 12 as follows:
 
    (410 ILCS 45/12)  (from Ch. 111 1/2, par. 1312)
    Sec. 12. Violations of Act.
    (a) Violation of any Section of this Act other than Section
6.01 or Section 7 shall be punishable as a Class A misdemeanor.
A violation of Section 6.01 shall cause the Department to issue
a written warning for a first offense and shall be a petty
offense for a second or subsequent offense if the violation
occurs at the same location within 12 months after the first
offense.
    (b) In cases where a person is found to have mislabeled,
possessed, offered for sale or transfer, sold or transferred,
or given away lead-bearing substances, a representative of the
Department shall confiscate the lead-bearing substances and
retain the substances until they are shown to be in compliance
with this Act.
    (c) In addition to any other penalty provided under this
Act, the court in an action brought under subsection (e) may
impose upon any person who violates or does not comply with a
notice of deficiency and a mitigation order issued under
subsection (7) of Section 9 of this Act or who fails to comply
with subsection (3) or subsection (5) of Section 9 of this Act
a civil penalty not exceeding $2,500 for each violation, plus
$250 for each day that the violation continues.
    Any civil penalties collected in a court proceeding shall
be deposited into:
        (1) the a delegated county lead poisoning screening,
    prevention, and abatement fund of the delegate agency
    conducting the environmental investigation; or,
        (2) the lead poisoning screening, prevention, and
    abatement fund maintained by the delegate agency
    conducting the environmental investigation that has
    jurisdiction where the violation occurred.
    If if no delegated county or delegate agency lead poisoning
screening, prevention, and abatement fund exists, then any
civil penalties collected in a court proceeding shall be
deposited into the Lead Poisoning Screening, Prevention, and
Abatement Fund established under Section 7.2.
    (d) Whenever the Department finds that an emergency exists
that requires immediate action to protect the health of
children under this Act, it may, without administrative
procedure or notice, cause an action to be brought by the
Attorney General or the State's Attorney of the county in which
a violation has occurred for a temporary restraining order or a
preliminary injunction to require such action as is required to
meet the emergency and protect the health of children.
    (e) The State's Attorney of the county in which a violation
occurs or the Attorney General may bring an action for the
enforcement of this Act and the rules adopted and orders issued
under this Act, in the name of the People of the State of
Illinois, and may, in addition to other remedies provided in
this Act, bring an action for a temporary restraining order or
preliminary injunction as described in subsection (d) or an
injunction to restrain any actual or threatened violation or to
impose or collect a civil penalty for any violation.
(Source: P.A. 94-879, eff. 6-20-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.