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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Lead Poisoning Prevention Act is amended by | ||||||
| 5 | changing Section 12 as follows:
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| 6 | (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
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| 7 | Sec. 12. Violations of Act.
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| 8 | (a) Violation of any Section of this Act other than Section | ||||||
| 9 | 6.01 or Section 7 shall be
punishable as a Class A misdemeanor. | ||||||
| 10 | A violation of Section 6.01 shall cause the Department to issue | ||||||
| 11 | a written warning for a first offense and shall be a petty | ||||||
| 12 | offense for a second or subsequent offense if the violation | ||||||
| 13 | occurs at the same location within 12 months after the first | ||||||
| 14 | offense.
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| 15 | (b) In cases where a person is found to have mislabeled,
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| 16 | possessed, offered for sale or transfer, sold or transferred,
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| 17 | or given away lead-bearing substances, a representative of the
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| 18 | Department shall confiscate the lead-bearing substances and
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| 19 | retain the substances until they are shown to be in compliance
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| 20 | with this Act.
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| 21 | (c) In addition to any other penalty provided under this | ||||||
| 22 | Act, the court in
an action brought under subsection (e) may | ||||||
| 23 | impose upon any person who violates
or does not comply with a | ||||||
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| 1 | notice of deficiency and a mitigation order issued
under | ||||||
| 2 | subsection (7) of Section 9 of this Act or who fails to comply | ||||||
| 3 | with subsection (3) or subsection (5) of Section 9 of this Act | ||||||
| 4 | a civil penalty not exceeding
$2,500 for each violation, plus | ||||||
| 5 | $250 for each day that the violation continues.
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| 6 | Any civil penalties collected in a court proceeding shall | ||||||
| 7 | be deposited into: | ||||||
| 8 | (1) the a
delegated county lead poisoning screening, | ||||||
| 9 | prevention, and abatement fund of the delegate agency | ||||||
| 10 | conducting the environmental investigation; or, | ||||||
| 11 | (2) the lead
poisoning screening, prevention, and | ||||||
| 12 | abatement fund maintained by the delegate agency | ||||||
| 13 | conducting the environmental investigation that has
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| 14 | jurisdiction where the violation occurred. | ||||||
| 15 | If
if no delegated county or delegate agency lead poisoning | ||||||
| 16 | screening, prevention, and abatement
fund exists, then any | ||||||
| 17 | civil penalties collected in a court proceeding shall be | ||||||
| 18 | deposited into the Lead Poisoning Screening, Prevention, and | ||||||
| 19 | Abatement Fund
established under Section 7.2.
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| 20 | (d) Whenever the Department finds that an emergency exists | ||||||
| 21 | that requires
immediate action to protect the health of | ||||||
| 22 | children under this Act, it may,
without administrative | ||||||
| 23 | procedure or notice, cause an action to be brought by
the | ||||||
| 24 | Attorney General or the State's Attorney of the county in which | ||||||
| 25 | a violation
has occurred for a temporary restraining order or a | ||||||
| 26 | preliminary injunction to
require such action as is required to | ||||||
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| 1 | meet the emergency and protect the health
of children.
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| 2 | (e) The State's Attorney of the county in which a violation | ||||||
| 3 | occurs or the
Attorney General may bring an action for the | ||||||
| 4 | enforcement of this Act and the
rules adopted and orders issued | ||||||
| 5 | under this Act, in the name of the People of
the State of | ||||||
| 6 | Illinois, and may, in addition to other remedies provided in
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| 7 | this Act, bring an action for a temporary restraining order or | ||||||
| 8 | preliminary
injunction as described in subsection (d) or an | ||||||
| 9 | injunction to restrain any
actual or threatened violation or to | ||||||
| 10 | impose or collect a civil penalty for any
violation.
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| 11 | (Source: P.A. 94-879, eff. 6-20-06.)
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| 12 | Section 99. Effective date. This Act takes effect upon | ||||||
| 13 | becoming law.
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