HB2444 97TH GENERAL ASSEMBLY

LRB097 07591 CEL 47702 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2444

Introduced 2/18/2011, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

225 ILCS 217/10

Amends the Fire Equipment Distributor and Employee Regulation Act of 2011. Makes a technical change in the Section concerning license requirements.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Fire Equipment Distributor and Employee Regulation Act of 2011 is amended by changing Section 10 as follows:

(225 ILCS 217/10)

(Section scheduled to be repealed on January 1, 2013)

Sec. 10. License requirement; injunction. No person shall act as a fire equipment distributor or employee, or advertise or assume to act as such, or use any title implying that that such person is engaged in such practice or occupation unless licensed by the State Fire Marshal.

No firm, association, or corporation shall act as an agency licensed under this Act, or advertise or assume to act as such, or use any title implying that the firm, association, or corporation is engaged in such practice, unless licensed by the State Fire Marshal.

The State Fire Marshal, in the name of the People and through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin any person who has not been issued a license or whose license has been suspended, revoked, or not renewed from practicing a licensed activity, and upon the filing of a verified petition, the court, if satisfied by affidavit or otherwise, that such person is or has been practicing in violation of this Act may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from such further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing in violation of this Act, the court may enter a judgment perpetually enjoining the defendant from such further activity. In case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act.

The State Fire Marshal may refuse to issue a license to, or may suspend the license of, any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(Source: P.A. 96-1499, eff. 1-18-11.)