HB4805 Enrolled

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    AN ACT concerning public health.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Lead Poisoning Prevention Act is amended  by 
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changing Section 12 as follows:
 



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    (410 ILCS 45/12)  (from Ch. 111 1/2, par. 1312)


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    Sec. 12. Violations of Act. 

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    (a) Violation of any Section of this Act other than Section 
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6.01 or Section 7 shall be
punishable as a Class A misdemeanor. 
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A violation of Section 6.01 shall cause the Department to issue 
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a written warning for a first offense and shall  be a petty 
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offense for a second or subsequent offense if the violation 
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occurs at the same location within 12 months after the first 
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offense.


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    (b) In cases where a person is found to have mislabeled,

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possessed, offered for sale or transfer, sold or transferred,

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or given away lead-bearing substances, a representative of the

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Department shall confiscate the lead-bearing substances and

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retain the substances until they are shown to be in compliance

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with this Act.

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    (c) In addition to any other penalty provided under this 
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Act, the court in
an action brought under subsection (e) may 
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impose upon any person who violates
or does not comply with a 
 


 






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notice of deficiency and a mitigation order issued
under 
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subsection (7) of Section 9 of this Act or who fails to comply 
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with subsection (3) or subsection (5) of Section 9 of this Act 
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a civil penalty not exceeding
$2,500 for each violation, plus 
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$250 for each day that the violation continues.

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    Any civil penalties collected in a court proceeding shall 
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be deposited into: 
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        (1) the a
delegated county lead poisoning screening, 
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    prevention, and abatement fund of the delegate agency 
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    conducting the environmental investigation; or,
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        (2) the lead
poisoning screening, prevention, and 
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    abatement fund maintained by the delegate agency 
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    conducting the environmental investigation that has

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    jurisdiction where the violation occurred.
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    If
if no delegated county or delegate agency lead poisoning 
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screening, prevention, and abatement
fund exists, then any 
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civil penalties collected in a court proceeding shall be 
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deposited into the Lead Poisoning Screening, Prevention, and 
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Abatement Fund
established under Section 7.2.

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    (d) Whenever the Department finds that an emergency exists 
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that requires
immediate action to protect the health of 
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children under this Act, it may,
without administrative 
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procedure or notice, cause an action to be brought by
the 
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Attorney General or the State's Attorney of the county in which 
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a violation
has occurred for a temporary restraining order or a 
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preliminary injunction to
require such action as is required to 
 


 






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meet the emergency and protect the health
of children.

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    (e) The State's Attorney of the county in which a violation 
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occurs or the
Attorney General may bring an action for the 
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enforcement of this Act and the
rules adopted and orders issued 
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under this Act, in the name of the People of
the State of 
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Illinois, and may, in addition to other remedies provided in

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this Act, bring an action for a temporary restraining order or 
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preliminary
injunction as described in subsection (d) or an 
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injunction to restrain any
actual or threatened violation or to 
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impose or collect a civil penalty for any
violation.

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(Source: P.A. 94-879, eff. 6-20-06.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.