State of Illinois
92nd General Assembly
Legislation

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92_HB1339

 
                                               LRB9203591LBtm

 1        AN ACT concerning fire equipment.

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

 4        Section  5.   The Fire Equipment Distributor and Employee
 5    Regulation Act of 2000 is amended by changing Section  10  as
 6    follows:

 7        (225 ILCS 216/10)
 8        Sec. 10. License requirement; injunction. No person shall
 9    act as a fire equipment distributor or employee, or advertise
10    or  assume to act as one such, or use any title implying that
11    the  such  person  is  engaged  in  that  such  practice   or
12    occupation unless licensed by the State Fire Marshal.
13        No  firm,  association,  or  corporation  shall act as an
14    agency licensed under this Act, or advertise or assume to act
15    as one such,  or  use  any  title  implying  that  the  firm,
16    association, or corporation is engaged in that such practice,
17    unless licensed by the State Fire Marshal.
18        The  State  Fire  Marshal,  in the name of the People and
19    through the Attorney General, the  State's  Attorney  of  any
20    county, any resident of the State, or any legal entity within
21    the  State  may  apply  for injunctive relief in any court to
22    enjoin any person who has not been issued a license or  whose
23    license  has  been  suspended,  revoked,  or not renewed from
24    practicing a licensed activity, and  upon  the  filing  of  a
25    verified  petition,  the  court, if satisfied by affidavit or
26    otherwise, that such person is  or  has  been  practicing  in
27    violation of this Act may enter a temporary restraining order
28    or   preliminary  injunction,  without  bond,  enjoining  the
29    defendant from such further activity.  A copy of the verified
30    complaint  shall  be  served  upon  the  defendant  and   the
31    proceedings  shall  thereafter be conducted as in other civil
 
                            -2-                LRB9203591LBtm
 1    cases.  If it is established that the defendant has  been  or
 2    is practicing in violation of this Act, the court may enter a
 3    judgment   perpetually  enjoining  the  defendant  from  such
 4    further activity.  In case of  violation  of  any  injunctive
 5    order  or  judgment  entered  under  the  provisions  of this
 6    Section, the court may summarily try and punish the  offender
 7    for  contempt  of court.  Such injunctive proceeding shall be
 8    in addition to all penalties and other remedies in this Act.
 9        The State Fire Marshal may refuse to issue a license  to,
10    or may suspend the license of, any person who fails to file a
11    return, to pay the tax, penalty, or interest shown in a filed
12    return,  or  to  pay any final assessment of tax, penalty, or
13    interest, as required by any  tax  Act  administered  by  the
14    Illinois  Department  of  Revenue,  until  such  time  as the
15    requirements of any such tax Act are satisfied.
16    (Source: P.A. 91-835, eff. 6-16-00.)

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