98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1021

 

Introduced , by Rep. Patrick J. Verschoore

 

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.


LRB098 04184 JDS 34207 b

 

 

A BILL FOR

 

HB1021LRB098 04184 JDS 34207 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Boiler and Pressure Vessel Safety Act is
5amended by adding Section 12.2 as follows:
 
6    (430 ILCS 75/12.2 new)
7    Sec. 12.2. State Fire Marshal; injunctive relief. The
8Office of the State Fire Marshal, through the Attorney General,
9the State's Attorney of any county, any interested resident of
10the State, or any interested legal entity within the State, may
11petition a court with appropriate jurisdiction for an order
12seeking injunctive relief to enjoin any person, firm,
13association, corporation, or other entity in violation of the
14rules or regulations promulgated under this Act to cease the
15prohibited activity. The court may issue a temporary
16restraining order against any person or entity in violation of
17this Act without notice or bond. If any person or entity
18remains in violation of this Act after injunctive relief or a
19temporary restraining order has been granted, then the court
20may enter a judgment permanently enjoining that person or
21entity from engaging in further prohibited activities. In the
22case of a violation of any injunctive order or judgment entered
23under this Section, the court may charge the offender with

 

 

HB1021- 2 -LRB098 04184 JDS 34207 b

1contempt of court. The injunctive proceedings authorized under
2this Section shall be in addition to all other penalties and
3remedies described in this Act.