Full Text of HB2193 97th General Assembly
HB2193ham001 97TH GENERAL ASSEMBLY | Rep. Susana A. Mendoza Filed: 4/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2193
| 2 | | AMENDMENT NO. ______. Amend House Bill 2193 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Sections 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 | 8 | | substances. | 9 | | (a) Except as provided in subsection (b), it is unlawful | 10 | | for any person knowingly to have in his or her possession or to | 11 | | carry about any of the substances which are regulated by Title | 12 | | 16 CFR Section 1500.129 of the Federal Caustic Poison Act and | 13 | | are required to contain the words "causes severe burns" as the | 14 | | affirmative 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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| 1 | | felony. | 2 | | (d) The regulation of the possession and carrying of | 3 | | caustic and noxious substances under this Section is an | 4 | | exclusive power and function of the State. A home rule unit may | 5 | | not regulate the possession and carrying of caustic and noxious | 6 | | substances and any ordinance or local law contrary to this | 7 | | Section is declared void. This is a denial and limitation of | 8 | | home rule powers and functions under subsection (h) of Section | 9 | | 6 of Article VII of the Illinois Constitution. | 10 | | (720 ILCS 5/12-38 new) | 11 | | Sec. 12-38. Restrictions on purchase or acquisition of | 12 | | corrosive or caustic acid. | 13 | | (a) A person seeking to purchase a substance which is | 14 | | regulated by Title 16 CFR Section 1500.129 of the Federal | 15 | | Caustic Poison Act and is required to contain the words "causes | 16 | | severe burns" as the affirmative statement of principal hazard | 17 | | on 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 | 25 | | apply to batteries. |
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| 1 | | (c) Rules and Regulations. The Illinois Department of State | 2 | | Police shall have the authority to promulgate rules for the | 3 | | implementation and enforcement of this Section. | 4 | | (d) Sentence. Any violation of this Section is a business | 5 | | offense for which a fine not exceeding $1,500 may be imposed. | 6 | | (e) Preemption. The regulation of the purchase or | 7 | | acquisition, or both, of a caustic or corrosive substance and | 8 | | any registry regarding the sale or possession, or both, of a | 9 | | caustic or corrosive substance is an exclusive power and | 10 | | function of the State. A home rule unit may not regulate the | 11 | | purchase or acquisition of caustic or corrosive substances and | 12 | | any ordinance or local law contrary to this Section is declared | 13 | | void. This is a denial and limitation of home rule powers and | 14 | | functions under subsection (h) of Section 6 of Article VII of | 15 | | the Illinois Constitution. ".
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