92_SB0518eng

 
SB518 Engrossed                                LRB9203951LBmb

 1        AN ACT concerning lead poisoning.

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

 4        Section  5.  The Lead Poisoning Prevention Act is amended
 5    by changing Section 12 and adding Section 12.1 as follows:

 6        (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
 7        Sec. 12.  Violations of Act.
 8        (a)  Any person who violates this Act, any  rule  adopted
 9    by  the  Department  under  this  Act,  or  any  order of the
10    Department issued under this Act shall be guilty of a Class A
11    misdemeanor and shall be fined a sum of not less  than  $500.
12    Each   day   in   which  the  violation  continues  to  occur
13    constitutes a separate offense.
14        (b)  The Attorney General or the State's Attorney in  the
15    county  in  which a violation has occurred may, on his or her
16    own motion or at the request of the Department,  institute  a
17    civil  action for an injunction to restrain any violations of
18    this Act. Without limiting any other authority that may exist
19    for the awarding of attorney's fees and  costs,  a  court  of
20    competent   jurisdiction   may  award  costs  and  reasonable
21    attorney's fees under this Act. Violation of any  Section  of
22    this  Act other than Section 7 shall be punishable as a Class
23    A misdemeanor.
24        (c)  In cases where a person is found to have mislabeled,
25    possessed, offered for sale or transfer, sold or transferred,
26    or given away lead-bearing substances,  a  representative  of
27    the  Department  shall confiscate the lead-bearing substances
28    and retain the substances until  they  are  shown  to  be  in
29    compliance with this Act.
30    (Source: P.A. 87-175.)
 
SB518 Engrossed             -2-                LRB9203951LBmb
 1        (410 ILCS 45/12.1 new)
 2        Sec.  12.1.   Emergency  temporary  restraining  order or
 3    preliminary injunction. Whenever the Department finds that an
 4    emergency exists that requires immediate  action  to  protect
 5    the  health  of  children  under  this  Act,  it may, without
 6    administrative procedure or notice, cause  an  action  to  be
 7    brought  by  the  Attorney General or the State's Attorney of
 8    the county in which a violation has occurred for a  temporary
 9    restraining order or a preliminary injunction to require such
10    action  as  is required to meet the emergency and protect the
11    health of children.

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