093_HB2050eng

 
HB2050 Engrossed                     LRB093 04901 AMC 04960 b

 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 8        (Section scheduled to be repealed on January 1, 2011)
 9        Sec. 10. License requirement; injunction. No person shall
10    act as a fire equipment distributor or employee, or advertise
11    or  assume to act as one such, or use any title implying that
12    the  such  person  is  engaged  in  that  such  practice   or
13    occupation unless licensed by the State Fire Marshal.
14        No  firm,  association,  or  corporation  shall act as an
15    agency licensed under this Act, or advertise or assume to act
16    as one such,  or  use  any  title  implying  that  the  firm,
17    association, or corporation is engaged in that such practice,
18    unless licensed by the State Fire Marshal.
19        The  State  Fire  Marshal,  in the name of the People and
20    through the Attorney General, the  State's  Attorney  of  any
21    county, any resident of the State, or any legal entity within
22    the  State  may  apply  for injunctive relief in any court to
23    enjoin any person who has not been issued a license or  whose
24    license  has  been  suspended,  revoked,  or not renewed from
25    practicing a licensed activity, and  upon  the  filing  of  a
26    verified  petition,  the  court, if satisfied by affidavit or
27    otherwise, that such person is  or  has  been  practicing  in
28    violation of this Act may enter a temporary restraining order
29    or   preliminary  injunction,  without  bond,  enjoining  the
30    defendant from such further activity.  A copy of the verified
31    complaint  shall  be  served  upon  the  defendant  and   the
 
HB2050 Engrossed            -2-      LRB093 04901 AMC 04960 b
 1    proceedings  shall  thereafter be conducted as in other civil
 2    cases.  If it is established that the defendant has  been  or
 3    is practicing in violation of this Act, the court may enter a
 4    judgment   perpetually  enjoining  the  defendant  from  such
 5    further activity.  In case of  violation  of  any  injunctive
 6    order  or  judgment  entered  under  the  provisions  of this
 7    Section, the court may summarily try and punish the  offender
 8    for  contempt  of court.  Such injunctive proceeding shall be
 9    in addition to all penalties and other remedies in this Act.
10        The State Fire Marshal may refuse to issue a license  to,
11    or may suspend the license of, any person who fails to file a
12    return, to pay the tax, penalty, or interest shown in a filed
13    return,  or  to  pay any final assessment of tax, penalty, or
14    interest, as required by any  tax  Act  administered  by  the
15    Illinois  Department  of  Revenue,  until  such  time  as the
16    requirements of any such tax Act are satisfied.
17    (Source: P.A. 91-835, eff. 6-16-00.)