Bill Status of SB0526  94th General Assembly

Short Description:  CHILDREN PRODUCT SAFETY-RECALL

Senate Sponsors
Sen. Carol Ronen - Jacqueline Y. Collins - Iris Y. Martinez - Don Harmon - M. Maggie Crotty, Mattie Hunter, Dale A. Righter, Jeffrey M. Schoenberg, Kirk W. Dillard and Susan Garrett

House Sponsors
(Rep. Harry Osterman - Lou Lang - Eileen Lyons - Barbara Flynn Currie - Elizabeth Coulson, John A. Fritchey, Kevin Joyce, David E. Miller, Milton Patterson, Robin Kelly, Wyvetter H. Younge, William Davis, Arthur L. Turner, Elaine Nekritz, Deborah L. Graham, Sara Feigenholtz, Eddie Washington, Charles E. Jefferson, Michelle Chavez, Maria Antonia Berrios, Sandra M. Pihos, Patricia R. Bellock, Sidney H. Mathias, Kevin A. McCarthy, James D. Brosnahan, Richard T. Bradley, Edward J. Acevedo, Michael K. Smith and John D'Amico)

Last Action
DateChamber Action
  6/8/2005SenatePublic Act . . . . . . . . . 94-0011

Statutes Amended In Order of Appearance
30 ILCS 105/5.640 new
430 ILCS 125/10
430 ILCS 125/15
430 ILCS 125/17 new
430 ILCS 125/20
430 ILCS 125/25
430 ILCS 125/27 new
430 ILCS 125/30


Synopsis As Introduced
Amends the State Finance Act and the Children's Product Safety Act. Provides that a "children's product" is one designed or intended for children under age 12 (instead of 6); changes and adds other definitions. Provides that a children's product is deemed to be unsafe "only" if it meets certain specified criteria. Adds requirements concerning the Department of Public Health's list of unsafe children's products. Makes changes concerning safety standards for baby cribs. Imposes duties on manufacturers, importers, wholesalers, and distributors in connection with recalls of children's products. Provides for civil penalties for violations of the Children's Product Safety Act, and removes a provision making a violation a Class C misdemeanor. Provides that nothing in the Act relieves a commercial dealer from compliance with stricter requirements that may be imposed by an agency of the federal government. Adds enforcement powers of the Attorney General. Creates the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund; provides for the deposit of civil penalties into the fund and for the use of moneys in the fund by the Attorney General. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
30 ILCS 105/5.640 new
Adds reference to:
430 ILCS 125/26 new

Replaces everything after the enacting clause. Amends the Children's Product Safety Act with provisions substantially similar to those of Senate Bill 526, but with changes that include the following: (1) provides that a "children's product" is one designed or intended for children under age 9 (instead of 12); (2) requires a manufacturer, importer, distributor, or wholesaler to place on its web site a link to recall or warning information that contains the specific recall notice or warning that was issued for the product in question (instead of a link to www.recalls.gov); (3) provides that the posting of a recall or warning notice by a retailer must be in each retail store; (4) provides that a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer shall not be found in violation of the provisions concerning unsafe children's products if the specific recalled product sold was not included on the Department of Public Health's list of unsafe children's products on the day before the sale (instead of providing that such a person who exercises reasonable care in acting pursuant to the Children's Product Safety Act is not in violation of any provision of the Act); (5) provides that nothing in the Children's Product Safety Act shall be interpreted to allow a unit of State or local government or any other entity within the State to issue recalls; (6) provides that nothing in the Children's Product Safety Act relieves a manufacturer, importer, distributor, wholesaler, or retailer (in addition to a commercial dealer) from compliance with stricter requirements that may be imposed by a federal agency; and (7) in provisions concerning enforcement of the Children's Product Safety Act by the Attorney General, (i) removes references to a person being "about to engage in" a practice in violation of the Act and (ii) removes provisions concerning the powers a court may exercise. Effective immediately, except provides that the changes in connection with penalties for violating the Children's Product Safety Act and in connection with enforcement of the Act take effect January 1, 2006.

 Fiscal Note (S-AM1) (Department of Revenue)
 This would increase State revenues. However, the Illinois Department of Revenue cannot predict the number of violations of the Act that will subject persons to the civil penalty and cannot determine the fiscal impact of this bill.

 Fiscal Note (S-AM 1)(Department of Public Health)
 Senate Bill 526 will have a minimal fiscal impact on the Illinois Department of Public Health.

Actions 
DateChamber Action
  2/17/2005SenateFiled with Secretary by Sen. Carol Ronen
  2/17/2005SenateFirst Reading
  2/17/2005SenateReferred to Rules
  2/23/2005SenateAssigned to Housing & Community Affairs
  3/2/2005SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/2/2005SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/3/2005SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/7/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Carol Ronen
  3/7/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  3/8/2005SenateSenate Committee Amendment No. 1 Rules Refers to Housing & Community Affairs
  3/8/2005SenateSenate Committee Amendment No. 1 Adopted
  3/9/2005SenateDo Pass as Amended Housing & Community Affairs; 010-000-000
  3/9/2005SenatePlaced on Calendar Order of 2nd Reading March 10, 2005
  3/9/2005SenateFiscal Note Requested by Sen. Peter J. Roskam; as Amended by Senate Amendment No. 1.
  3/18/2005SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  4/5/2005SenateFiscal Note Filed as amended by Senate Amendment No. 1, from the Illinois Department of Revenue.
  4/7/2005SenateAdded as Co-Sponsor Sen. Dale A. Righter
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty
  4/12/2005SenateAdded as Co-Sponsor Sen. Jeffrey M. Schoenberg
  4/13/2005SenateFiscal Note Filed from the Illinois Department of Public Health.
  4/13/2005SenateSecond Reading
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  4/14/2005SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  4/14/2005SenateThird Reading - Passed; 055-000-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/14/2005HouseChief House Sponsor Rep. Harry Osterman
  4/14/2005HouseFirst Reading
  4/14/2005HouseReferred to Rules Committee
  4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Eileen Lyons
  4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/15/2005HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  4/15/2005HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  4/20/2005HouseAssigned to Consumer Protection Committee
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. Kevin Joyce
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. David E. Miller
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. Milton Patterson
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. Robin Kelly
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. William Davis
  4/26/2005HouseAdded Alternate Co-Sponsor Rep. Arthur L. Turner
  4/26/2005HouseDo Pass / Short Debate Consumer Protection Committee; 011-000-000
  4/27/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/28/2005HouseSecond Reading - Short Debate
  4/28/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2005HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  4/28/2005HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  5/2/2005HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/3/2005HouseThird Reading - Short Debate - Passed 117-000-000
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Michelle Chavez
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Sidney H. Mathias
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Kevin A. McCarthy
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. James D. Brosnahan
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Richard T. Bradley
  5/3/2005SenateAdded as Co-Sponsor Sen. Susan Garrett
  5/3/2005SenatePassed Both Houses
  5/4/2005HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/18/2005HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  5/18/2005HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  5/31/2005SenateSent to the Governor
  6/8/2005SenateGovernor Approved
  6/8/2005SenateEffective Date June 8, 2005; Generally
  6/8/2005SenateEffective Date January 1, 2006; Some Parts
  6/8/2005SenatePublic Act . . . . . . . . . 94-0011