97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4523
 
Introduced 1/31/2012, by Rep. Kent Gaffney - Richard Morthland
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/12-38

     Amends the Criminal Code of 1961.  Exempts household products from the statute requiring a person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, prior to taking possession to: (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.  Defines "household product".  Effective immediately.
  


LRB097 16874 RLC 62247 b

 
 
A BILL FOR
 

  
HB4523LRB097 16874 RLC 62247 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 household products.  For the purposes of 
22this Section, "household product" means any product which is 
23customarily produced or distributed for sale for consumption or 
 
 
HB4523- 2 -LRB097 16874 RLC 62247 b

1use, or customarily stored, by individuals in or about the 
2household, including, but not limited to, products which are 
3customarily produced and distributed for use in or about a 
4household as a cleaning agent, drain cleaner, pesticide, epoxy, 
5paint, stain, or similar substance.
6    (c)  Rules and Regulations.  The Illinois Department of State 
7Police shall have the authority to promulgate rules for the 
8implementation and enforcement of this Section.
9    (d)  Sentence.  Any violation of this Section is a business 
10offense for which a fine not exceeding $150 for the first 
11violation, $500 for the second violation, or $1,500 for the 
12third and subsequent violations within a 12-month period shall 
13be imposed.
14    (e) Preemption.  The regulation of the purchase or 
15acquisition, or both, of a caustic or corrosive substance and 
16any registry regarding the sale or possession, or both, of a 
17caustic or corrosive substance is an exclusive power and 
18function of the State.  A home rule unit may not regulate the 
19purchase or acquisition of caustic or corrosive substances and 
20any ordinance or local law contrary to this Section is declared 
21void.  This is a denial and limitation of home rule powers and 
22functions under subsection (h) of Section 6 of Article VII of 
23the Illinois Constitution.

24(Source: P.A. 97-565, eff. 1-1-12.)
 
 
25    Section 99. Effective date. This Act takes effect upon 
26becoming law.