SB0065 98TH GENERAL ASSEMBLY

LRB098 02552 KMW 32556 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0065

Introduced 1/16/2013, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

430 ILCS 75/12.2 new

Amends the Boiler and Pressure Vessel Safety Act. Authorizes the State Fire Marshal to petition for injunctive relief to enjoin any person, firm, association, corporation, or other entity in violation of the Act to cease the prohibited activity. Authorizes a court to issue a temporary restraining order against the person or entity in violation of the Act. Further provides that if any person or entity remains in violation after injunctive relief or a temporary restraining order has been granted, then the court may enter a judgment permanently enjoining that person or entity from engaging in further prohibited activities.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Boiler and Pressure Vessel Safety Act is amended by adding Section 12.2 as follows:

(430 ILCS 75/12.2 new)

Sec. 12.2. State Fire Marshal; injunctive relief. The Office of the State Fire Marshal, through the Attorney General, the State's Attorney of any county, any interested resident of the State, or any interested legal entity within the State, may petition a court with appropriate jurisdiction for an order seeking injunctive relief to enjoin any person, firm, association, corporation, or other entity in violation of the rules or regulations promulgated under this Act to cease the prohibited activity. The court may issue a temporary restraining order against any person or entity in violation of this Act without notice or bond. If any person or entity remains in violation of this Act after injunctive relief or a temporary restraining order has been granted, then the court may enter a judgment permanently enjoining that person or entity from engaging in further prohibited activities. In the case of a violation of any injunctive order or judgment entered under pursuant to this Section, the court may charge the offender with contempt of court. The injunctive proceedings authorized under this Section shall be in addition to all other penalties and remedies described in this Act.