97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4542

 

Introduced 1/31/2012, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-38

    Amends the Criminal Code of 1961. Exempts liquid drain cleaners from the requirements that a person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession: (1) provide a valid driver's license or other government-issued identification showing the person's name, date of birth, and photograph; and (2) sign a log documenting the name and address of the person, date and time of the transaction, and the brand, product name and net weight of the item.


LRB097 17548 RLC 62753 b

 

 

A BILL FOR

 

HB4542LRB097 17548 RLC 62753 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 12-38 as follows:
 
6    (720 ILCS 5/12-38)
7    Sec. 12-38. Restrictions on purchase or acquisition of
8corrosive or caustic acid.
9    (a) A person seeking to purchase a substance which is
10regulated by Title 16 CFR Section 1500.129 of the Federal
11Caustic Poison Act and is required to contain the words "causes
12severe burns" as the affirmative statement of principal hazard
13on its label, must prior to taking possession:
14        (1) provide a valid driver's license or other
15    government-issued identification showing the person's
16    name, date of birth, and photograph; and
17        (2) sign a log documenting the name and address of the
18    person, date and time of the transaction, and the brand,
19    product name and net weight of the item.
20    (b) Exemption. The requirements of subsection (a) do not
21apply to batteries or liquid drain cleaners.
22    (c) Rules and Regulations. The Illinois Department of State
23Police shall have the authority to promulgate rules for the

 

 

HB4542- 2 -LRB097 17548 RLC 62753 b

1implementation and enforcement of this Section.
2    (d) Sentence. Any violation of this Section is a business
3offense for which a fine not exceeding $150 for the first
4violation, $500 for the second violation, or $1,500 for the
5third and subsequent violations within a 12-month period shall
6be imposed.
7    (e) Preemption. The regulation of the purchase or
8acquisition, or both, of a caustic or corrosive substance and
9any registry regarding the sale or possession, or both, of a
10caustic or corrosive substance is an exclusive power and
11function of the State. A home rule unit may not regulate the
12purchase or acquisition of caustic or corrosive substances and
13any ordinance or local law contrary to this Section is declared
14void. This is a denial and limitation of home rule powers and
15functions under subsection (h) of Section 6 of Article VII of
16the Illinois Constitution.
17(Source: P.A. 97-565, eff. 1-1-12.)