Full Text of HB2653 99th General Assembly
HB2653eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children's Product Safety Act is amended by | 5 | | adding Section 16 and changing Sections 10, 25, and 30 as | 6 | | follows:
| 7 | | (430 ILCS 125/10)
| 8 | | Sec. 10. Definitions. In this Act:
| 9 | | (a) "Children's product" means a product, including but not | 10 | | limited to a
full-size crib, non-full-size crib, toddler bed, | 11 | | bed, car seat, chair, high
chair, booster chair, hook-on chair, | 12 | | bath seat, gate or
other enclosure for confining a child, play | 13 | | yard, stationary activity center,
carrier, stroller, walker, | 14 | | swing, or toy or play equipment,
that meets the following | 15 | | criteria:
| 16 | | (i) the product is designed or intended for the care | 17 | | of, or use by,
any child under age 9; and
| 18 | | (ii) the product is designed or intended to come into | 19 | | contact with the
child while the product is used.
| 20 | | Notwithstanding any other provision of this Section, a | 21 | | product is not a
"children's product" for purposes of this Act | 22 | | if:
| 23 | | (I) it may be used by or for the care of a child under |
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| 1 | | age 9,
but it is designed or intended for use by the | 2 | | general population or segments of
the general population | 3 | | and not solely or primarily for use by or the care of a
| 4 | | child; or
| 5 | | (II) it is a medication, drug, or food or is intended | 6 | | to be ingested.
| 7 | | (b) "Commercial dealer" means any person who deals in | 8 | | children's products or crib bumper pads or
who otherwise by | 9 | | one's occupation holds oneself out as having
knowledge or skill | 10 | | peculiar to children's products or crib bumper pads , or any | 11 | | person who is in the
business of remanufacturing, retrofitting, | 12 | | selling, leasing,
subletting, or otherwise placing in the | 13 | | stream of commerce
children's products or crib bumper pads . | 14 | | (b-5) "Manufacturer" means any person who makes and places | 15 | | into the stream of commerce a children's product or crib bumper | 16 | | pad as defined by this Act. | 17 | | (b-10) "Importer" means any person who brings into this | 18 | | country and places into the stream of commerce a children's | 19 | | product or crib bumper pad . | 20 | | (b-15) "Distributor" and "wholesaler" means any person, | 21 | | other than a manufacturer or retailer, who sells or resells or | 22 | | otherwise places into the stream of commerce a children's | 23 | | product or crib bumper pad . | 24 | | (b-20) "Retailer" means any person other than a | 25 | | manufacturer, distributor, or wholesaler who sells, leases, or | 26 | | sublets children's products or crib bumper pads . |
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| 1 | | (b-25) "First seller" means any retailer selling a | 2 | | children's product that has not been used or has not previously | 3 | | been owned. A first seller does not include an entity such as a | 4 | | second-hand or resale store.
| 5 | | (c) "Person" means a natural person, firm, corporation, | 6 | | limited liability
company, or association, or an employee or | 7 | | agent of a natural person or an
entity included in this | 8 | | definition.
| 9 | | (d) "Infant" means any person less than 35 inches tall and
| 10 | | less than 3 years of age.
| 11 | | (e) "Crib" means a bed or containment designed to | 12 | | accommodate
an infant.
| 13 | | (f) "Full-size crib" means a full-size crib as defined in
| 14 | | Section 1508.3 of Title 16 of the Code of Federal Regulations
| 15 | | regarding the requirements for full-size cribs.
| 16 | | (g) "Non-full-size crib" means a non-full-size crib as
| 17 | | defined in Section 1509.2 of Title 16 of the Code of Federal
| 18 | | Regulations regarding the requirements for non-full-size | 19 | | cribs.
| 20 | | (h) "End consumer" means a person who purchases a | 21 | | children's product for any purpose other than resale.
| 22 | | (i) "Crib bumper pad" means any padding material, | 23 | | including, but not limited to, a roll of stuffed fabric, that | 24 | | is designed for placement within a crib to cushion one or more | 25 | | of the crib's inner sides adjacent to the crib mattress, but | 26 | | not including mesh liners. |
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| 1 | | (Source: P.A. 94-11, eff. 6-8-05.)
| 2 | | (430 ILCS 125/16 new) | 3 | | Sec. 16. Crib bumper pads. | 4 | | (a) No commercial dealer, manufacturer, importer, | 5 | | distributor, wholesaler, or retailer shall sell, lease, offer | 6 | | for sale, or offer for lease in the State any crib bumper pad | 7 | | as an accessory to a crib or as a separate item unless it meets | 8 | | or exceeds the Standard Consumer Safety Performance | 9 | | Specification for Infant Bedding and Related Accessories as set | 10 | | by the American Society for Testing and Materials International | 11 | | in the most recently published Designation F1917-12. | 12 | | (b) Any person who violates this Section is subject to a | 13 | | civil penalty of not less than $100 nor more than $500 for each | 14 | | offense.
| 15 | | (430 ILCS 125/25)
| 16 | | Sec. 25. Penalty. Except as provided in Sections 16 and | 17 | | Section 20, a
commercial dealer, importer, distributor, | 18 | | wholesaler, or retailer who violates this Act by failing to | 19 | | exercise reasonable care is subject to a civil penalty in an | 20 | | amount not to exceed $500 for each day that the violation | 21 | | continues.
| 22 | | (Source: P.A. 94-11, eff. 1-1-06.)
| 23 | | (430 ILCS 125/30)
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| 1 | | Sec. 30. Enforcement. | 2 | | (a) The Attorney General, or a State's Attorney in the
| 3 | | county in
which a violation of this Act occurred, may bring an | 4 | | action in the name of the
People of the State of Illinois to | 5 | | enforce the provisions of this Act. | 6 | | (b) When (i) it appears to the Attorney General that a | 7 | | commercial dealer, manufacturer, importer, distributor, | 8 | | wholesaler, or retailer has engaged in or is engaging in any | 9 | | practice declared to be in violation of this Act, or (ii) the | 10 | | Attorney General receives a written complaint from a consumer | 11 | | of the commission of a practice declared to be in violation of | 12 | | this Act, or (iii) the Attorney General believes it to be in | 13 | | the public interest that an investigation should be made to | 14 | | ascertain whether a person in fact has engaged in or is | 15 | | engaging in any practice declared to be in violation of this | 16 | | Act, the Attorney General may: | 17 | | (1) Require that person to file, on terms that the | 18 | | Attorney General prescribes, a statement or report in | 19 | | writing under oath or otherwise, as to all information the | 20 | | Attorney General considers necessary. | 21 | | (2)
Examine under oath any person in connection with | 22 | | the conduct of any trade or commerce. | 23 | | (3) Examine any merchandise or sample thereof, record, | 24 | | book, document, account, or paper the Attorney General | 25 | | considers necessary. | 26 | | (4) Pursuant to an order of the circuit court, impound |
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| 1 | | any record, book, document, account, paper, or sample of | 2 | | merchandise that is produced in accordance with this Act, | 3 | | and retain it in the Attorney General's possession until | 4 | | the completion of all proceedings in connection with which | 5 | | it is produced. | 6 | | (c) In the administration of this Act, the Attorney General | 7 | | may accept an assurance of voluntary compliance with respect to | 8 | | any practice deemed to be a violation of this Act from any | 9 | | commercial dealer, manufacturer, importer, distributor, | 10 | | wholesaler, or retailer who has engaged in or is engaging in | 11 | | that practice. Evidence of the violation of an assurance of | 12 | | voluntary compliance shall be prima facie evidence of a | 13 | | violation of this Act in any subsequent proceeding brought by | 14 | | the Attorney General against the alleged violator with regard | 15 | | to the specific violation or violations addressed in the | 16 | | assurance of voluntary compliance. | 17 | | (d) Whenever the Attorney General or a State's Attorney has | 18 | | reason to believe that any commercial dealer, manufacturer, | 19 | | importer, distributor, wholesaler, or retailer has engaged in | 20 | | or is engaging in any practice in violation of this Act and | 21 | | that proceedings would be in the public interest, he or she may | 22 | | bring an action in the name of the People of the State against | 23 | | that commercial dealer, manufacturer, importer, distributor, | 24 | | wholesaler, or retailer to restrain by preliminary or permanent | 25 | | injunction the use of that practice. | 26 | | (e) Civil penalties paid under Section 25 and civil |
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| 1 | | penalties paid under Section 16 shall be deposited into the | 2 | | Attorney General Court Ordered and Voluntary Compliance | 3 | | Payment Projects Fund. Moneys in the Fund shall be used, | 4 | | subject to appropriation, for the performance of any function | 5 | | pertaining to the exercise of the duties of the Attorney | 6 | | General, including, but not limited to, enforcement of any law | 7 | | of this State and conducting public education programs. Any | 8 | | moneys in the Fund that are required by the court or by an | 9 | | agreement to be used for a particular purpose must be used for | 10 | | that purpose, however.
| 11 | | (Source: P.A. 94-11, eff. 1-1-06.)
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