Sen. John J. Millner

Filed: 2/27/2012

 

 


 

 


 
09700SB3655sam001LRB097 20081 RLC 66152 a

1
AMENDMENT TO SENATE BILL 3655

2    AMENDMENT NO. ______. Amend Senate Bill 3655 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing Section 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

 

 

09700SB3655sam001- 2 -LRB097 20081 RLC 66152 a

1        (2) sign a log documenting the name and address of the
2    person, date and time of the transaction, and the brand,
3    product name and net weight of the item.
4    (b) Exemption. The requirements of subsection (a) do not
5apply to batteries or household products. For the purposes of
6this Section, "household product" means any product which is
7customarily produced or distributed for sale for consumption or
8use, or customarily stored, by individuals in or about the
9household, including, but not limited to, products which are
10customarily produced and distributed for use in or about a
11household as a cleaning agent, drain cleaner, pesticide, epoxy,
12paint, stain, or similar substance.
13    (c) Rules and Regulations. The Illinois Department of State
14Police shall have the authority to promulgate rules for the
15implementation and enforcement of this Section.
16    (d) Sentence. Any violation of this Section is a business
17offense for which a fine not exceeding $150 for the first
18violation, $500 for the second violation, or $1,500 for the
19third and subsequent violations within a 12-month period shall
20be imposed.
21    (e) Preemption. The regulation of the purchase or
22acquisition, or both, of a caustic or corrosive substance and
23any registry regarding the sale or possession, or both, of a
24caustic or corrosive substance is an exclusive power and
25function of the State. A home rule unit may not regulate the
26purchase or acquisition of caustic or corrosive substances and

 

 

09700SB3655sam001- 3 -LRB097 20081 RLC 66152 a

1any ordinance or local law contrary to this Section is declared
2void. This is a denial and limitation of home rule powers and
3functions under subsection (h) of Section 6 of Article VII of
4the Illinois Constitution.
5(Source: P.A. 97-565, eff. 1-1-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".