Rep. Susana A. Mendoza

Filed: 4/11/2011





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2    AMENDMENT NO. ______. Amend House Bill 2193 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 1961 is amended by adding
5Sections 12-37 and 12-38 as follows:
6    (720 ILCS 5/12-37 new)
7    Sec. 12-37. Possession and sale of caustic and noxious
9    (a) Except as provided in subsection (b), it is unlawful
10for any person knowingly to have in his or her possession or to
11carry about any of the substances which are regulated by Title
1216 CFR Section 1500.129 of the Federal Caustic Poison Act and
13are required to contain the words "causes severe burns" as the
14affirmative statement of principal hazard on its label.
15    (b) The restrictions of subsection (a) do not apply to:
16        (1) persons while engaged in the legitimate commercial



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1    manufacture, distribution, storage, or use of the
2    specified substances;
3        (2) persons while engaged in legitimate scientific or
4    medical research, study, teaching or treatment involving
5    the use of such substances, including without limitation
6    physicians, pharmacists, scientists, teachers, students,
7    and employees of regularly established laboratories,
8    manufacturing and wholesale pharmacies, retail pharmacies,
9    medical treatment facilities, schools, colleges, and
10    universities;
11        (3) persons who have procured any of the specified
12    substances for medicinal purposes upon a prescription of a
13    physician licensed to practice medicine in all its branches
14    under the Medical Practice Act of 1987;
15        (4) commercial or consumer products that contain any of
16    the specified substances found in subsection (a)
17    including, but not limited to, batteries;
18        (5) production agriculture as defined in Section 3-5 of
19    the Use Tax Act; or
20        (6) persons while engaged in the sale, possession,
21    transportation, or use for its intended commercial purpose
22    of a commercial product containing any of the substances
23    specified in subsection (a), provided that the product is
24    not used to threaten, intimidate, injure, or cause distress
25    to another.
26    (c) Sentence. A violation of this Section is a Class 4



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2    (d) The regulation of the possession and carrying of
3caustic and noxious substances under this Section is an
4exclusive power and function of the State. A home rule unit may
5not regulate the possession and carrying of caustic and noxious
6substances and any ordinance or local law contrary to this
7Section is declared void. This is a denial and limitation of
8home rule powers and functions under subsection (h) of Section
96 of Article VII of the Illinois Constitution.
10    (720 ILCS 5/12-38 new)
11    Sec. 12-38. Restrictions on purchase or acquisition of
12corrosive or caustic acid.
13    (a) A person seeking to purchase a substance which is
14regulated by Title 16 CFR Section 1500.129 of the Federal
15Caustic Poison Act and is required to contain the words "causes
16severe burns" as the affirmative statement of principal hazard
17on its label, must prior to taking possession:
18        (1) provide a valid driver's license or other
19    government-issued identification showing the person's
20    name, date of birth, and photograph; and
21        (2) sign a log documenting the name and address of the
22    person, date and time of the transaction, and the brand,
23    product name and net weight of the item.
24    (b) Exemption. The requirements of subsection (a) do not
25apply to batteries.



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1    (c) Rules and Regulations. The Illinois Department of State
2Police shall have the authority to promulgate rules for the
3implementation and enforcement of this Section.
4    (d) Sentence. Any violation of this Section is a business
5offense for which a fine not exceeding $1,500 may be imposed.
6    (e) Preemption. The regulation of the purchase or
7acquisition, or both, of a caustic or corrosive substance and
8any registry regarding the sale or possession, or both, of a
9caustic or corrosive substance is an exclusive power and
10function of the State. A home rule unit may not regulate the
11purchase or acquisition of caustic or corrosive substances and
12any ordinance or local law contrary to this Section is declared
13void. This is a denial and limitation of home rule powers and
14functions under subsection (h) of Section 6 of Article VII of
15the Illinois Constitution.".