SB2018 95TH GENERAL ASSEMBLY

LRB095 15301 BDD 44998 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2018

Introduced 2/7/2008, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

415 ILCS 5/31a new

Amends the Environmental Protection Act. Provides that all complaints and other actions brought by the Attorney General pursuant to a referral or request from the Environmental Protection Agency must include the Agency as a named party plaintiff or complainant in the action. Provides that this requirement does not apply to certain criminal actions and is not intended to alter or diminish the Attorney General's authority to act as the attorney for the Agency and the State. Effective immediately.

A BILL FOR

AN ACT concerning environmental safety.

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

Section 5. The Environmental Protection Act is amended by adding Section 31a as follows:

(415 ILCS 5/31a new)

Sec. 31a. Agency as named party in civil actions. All complaints and other actions brought by the Attorney General under this Act pursuant to a referral or request from the Agency, including but not limited to (i) complaints under Section 31 and (ii) actions for civil penalties or injunctions under Section 42 or 43, must include the Agency as a named party plaintiff or complainant in the action. The requirements under this Section: (i) do not apply to criminal actions brought under Section 44 of this Act; and (ii) are not intended to alter or diminish the Attorney General's authority to act as the attorney for the Agency and the State.

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