HB5348 98TH GENERAL ASSEMBLY

LRB098 16905 MGM 51980 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5348

Introduced , by Rep. Emily McAsey

SYNOPSIS AS INTRODUCED:

430 ILCS 125/10
430 ILCS 125/16 new
430 ILCS 125/25
430 ILCS 125/30

Amends the Children's Product Safety Act. Prohibits a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer from selling, offering to sell, leasing, or offering to lease a crib bumper pad in the State. Imposes a civil penalty of not less than $100 and not more than $500 for each violation. Provides for the deposit of these civil penalties into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children's Product Safety Act is amended by adding Section 16 and changing Sections 10, 25, and 30 as follows:

(430 ILCS 125/10)

Sec. 10. Definitions. In this Act:

(a) "Children's product" means a product, including but not limited to a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:

(i) the product is designed or intended for the care of, or use by, any child under age 9; and

(ii) the product is designed or intended to come into contact with the child while the product is used.

Notwithstanding any other provision of this Section, a product is not a "children's product" for purposes of this Act if:

(I) it may be used by or for the care of a child under age 9, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or the care of a child; or

(II) it is a medication, drug, or food or is intended to be ingested.

(b) "Commercial dealer" means any person who deals in children's products or crib bumper pads or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to children's products or crib bumper pads, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products or crib bumper pads.

(b-5) "Manufacturer" means any person who makes and places into the stream of commerce a children's product or crib bumper pad as defined by this Act.

(b-10) "Importer" means any person who brings into this country and places into the stream of commerce a children's product or crib bumper pad.

(b-15) "Distributor" and "wholesaler" means any person, other than a manufacturer or retailer, who sells or resells or otherwise places into the stream of commerce a children's product or crib bumper pad.

(b-20) "Retailer" means any person other than a manufacturer, distributor, or wholesaler who sells, leases, or sublets children's products or crib bumper pads.

(b-25) "First seller" means any retailer selling a children's product that has not been used or has not previously been owned. A first seller does not include an entity such as a second-hand or resale store.

(c) "Person" means a natural person, firm, corporation, limited liability company, or association, or an employee or agent of a natural person or an entity included in this definition.

(d) "Infant" means any person less than 35 inches tall and less than 3 years of age.

(e) "Crib" means a bed or containment designed to accommodate an infant.

(f) "Full-size crib" means a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs.

(g) "Non-full-size crib" means a non-full-size crib as defined in Section 1509.2 of Title 16 of the Code of Federal Regulations regarding the requirements for non-full-size cribs.

(h) "End consumer" means a person who purchases a children's product for any purpose other than resale.

(i) "Crib bumper pad" means any padding material, including, but not limited to, a roll of stuffed fabric, that is designed for placement within a crib to cushion one or more of the crib's inner sides adjacent to the crib mattress, but not including mesh liners.

(Source: P.A. 94-11, eff. 6-8-05.)

(430 ILCS 125/16 new)

Sec. 16. Crib bumper pads.

(a) No commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer shall sell, lease, offer for sale, or offer for lease in the State any crib bumper pad as an accessory to a crib or as a separate item.

(b) Any person who violates this Section is subject to a civil penalty of not less than $100 nor more than $500 for each offense.

(430 ILCS 125/25)

Sec. 25. Penalty. Except as provided in Sections 16 and Section 20, a commercial dealer, importer, distributor, wholesaler, or retailer who violates this Act by failing to exercise reasonable care is subject to a civil penalty in an amount not to exceed $500 for each day that the violation continues.

(Source: P.A. 94-11, eff. 1-1-06.)

(430 ILCS 125/30)

Sec. 30. Enforcement.

(a) The Attorney General, or a State's Attorney in the county in which a violation of this Act occurred, may bring an action in the name of the People of the State of Illinois to enforce the provisions of this Act.

(b) When (i) it appears to the Attorney General that a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer has engaged in or is engaging in any practice declared to be in violation of this Act, or (ii) the Attorney General receives a written complaint from a consumer of the commission of a practice declared to be in violation of this Act, or (iii) the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any practice declared to be in violation of this Act, the Attorney General may:

(1) Require that person to file, on terms that the Attorney General prescribes, a statement or report in writing under oath or otherwise, as to all information the Attorney General considers necessary.

(2) Examine under oath any person in connection with the conduct of any trade or commerce.

(3) Examine any merchandise or sample thereof, record, book, document, account, or paper the Attorney General considers necessary.

(4) Pursuant to an order of the circuit court, impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with this Act, and retain it in the Attorney General's possession until the completion of all proceedings in connection with which it is produced.

(c) In the administration of this Act, the Attorney General may accept an assurance of voluntary compliance with respect to any practice deemed to be a violation of this Act from any commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer who has engaged in or is engaging in that practice. Evidence of the violation of an assurance of voluntary compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator with regard to the specific violation or violations addressed in the assurance of voluntary compliance.

(d) Whenever the Attorney General or a State's Attorney has reason to believe that any commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer has engaged in or is engaging in any practice in violation of this Act and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against that commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer to restrain by preliminary or permanent injunction the use of that practice.

(e) Civil penalties paid under Section 25 and civil penalties paid under Section 16 shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs. Any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose must be used for that purpose, however.

(Source: P.A. 94-11, eff. 1-1-06.)