Full Text of HB4805 96th General Assembly
HB4805enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 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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| (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 | 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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| 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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| 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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| 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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| (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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HB4805 Enrolled |
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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 | 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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| 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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| (Source: P.A. 94-879, eff. 6-20-06.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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