97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4542
 
Introduced 1/31/2012, by Rep. Joe Sosnowski
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/12-38

     Amends the Criminal Code of 1961.  Exempts liquid drain cleaners from the requirements that a person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and is required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, must prior to taking possession: (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.
  


LRB097 17548 RLC 62753 b

 
 
A BILL FOR
 

  
HB4542LRB097 17548 RLC 62753 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 liquid drain cleaners.
22    (c)  Rules and Regulations.  The Illinois Department of State 
23Police shall have the authority to promulgate rules for the 
 
 
HB4542- 2 -LRB097 17548 RLC 62753 b

1implementation and enforcement of this Section.
2    (d)  Sentence.  Any violation of this Section is a business 
3offense for which a fine not exceeding $150 for the first 
4violation, $500 for the second violation, or $1,500 for the 
5third and subsequent violations within a 12-month period shall 
6be imposed.
7    (e) Preemption.  The regulation of the purchase or 
8acquisition, or both, of a caustic or corrosive substance and 
9any registry regarding the sale or possession, or both, of a 
10caustic or corrosive substance is an exclusive power and 
11function of the State.  A home rule unit may not regulate the 
12purchase or acquisition of caustic or corrosive substances and 
13any ordinance or local law contrary to this Section is declared 
14void.  This is a denial and limitation of home rule powers and 
15functions under subsection (h) of Section 6 of Article VII of 
16the Illinois Constitution.

17(Source: P.A. 97-565, eff. 1-1-12.)