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Public Act 096-1137
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| HB4805 Enrolled | LRB096 16554 RPM 31826 b |
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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 |
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 |
6.01 or Section 7 shall be
punishable as a Class A misdemeanor. |
A violation of Section 6.01 shall cause the Department to issue |
a written warning for a first offense and shall be a petty |
offense for a second or subsequent offense if the violation |
occurs at the same location within 12 months after the first |
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 |
Act, the court in
an action brought under subsection (e) may |
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 |
subsection (7) of Section 9 of this Act or who fails to comply |
with subsection (3) or subsection (5) of Section 9 of this Act |
a civil penalty not exceeding
$2,500 for each violation, plus |
$250 for each day that the violation continues.
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Any civil penalties collected in a court proceeding shall |
be deposited into: |
(1) the a
delegated county lead poisoning screening, |
prevention, and abatement fund of the delegate agency |
conducting the environmental investigation; or, |
(2) the lead
poisoning screening, prevention, and |
abatement fund maintained by the delegate agency |
conducting the environmental investigation that has
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jurisdiction where the violation occurred. |
If
if no delegated county or delegate agency lead poisoning |
screening, prevention, and abatement
fund exists, then any |
civil penalties collected in a court proceeding shall be |
deposited into the Lead Poisoning Screening, Prevention, and |
Abatement Fund
established under Section 7.2.
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(d) Whenever the Department finds that an emergency exists |
that requires
immediate action to protect the health of |
children under this Act, it may,
without administrative |
procedure or notice, cause an action to be brought by
the |
Attorney General or the State's Attorney of the county in which |
a violation
has occurred for a temporary restraining order or a |
preliminary injunction to
require such action as is required to |
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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 |
occurs or the
Attorney General may bring an action for the |
enforcement of this Act and the
rules adopted and orders issued |
under this Act, in the name of the People of
the State of |
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 |
preliminary
injunction as described in subsection (d) or an |
injunction to restrain any
actual or threatened violation or to |
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 |
becoming law.
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