Full Text of SB2224 103rd General Assembly
SB2224 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2224 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/5.2 |
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430 ILCS 125/10 |
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Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9).
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 5.2 as follows:
| 6 | | (225 ILCS 10/5.2)
| 7 | | Sec. 5.2. Unsafe children's products.
| 8 | | (a) A child care facility may not use or have on the | 9 | | premises, on or after
July 1, 2000, an unsafe children's | 10 | | product as described in Section 15 of the
Children's Product | 11 | | Safety Act. This subsection (a) does not apply to an
antique or | 12 | | collectible children's product if it is not used by, or | 13 | | accessible
to, any child in the child care facility.
| 14 | | (b) The Department of Children and Family Services shall | 15 | | notify child
care facilities, on an ongoing basis, including | 16 | | during the license application facility examination and during | 17 | | annual license monitoring visits, of the provisions of this | 18 | | Section and the
Children's Product Safety Act and of the | 19 | | comprehensive list of unsafe children's products as provided | 20 | | and maintained by the Department of Public Health available on | 21 | | the Internet, as determined
in accordance with that Act, in | 22 | | plain, non-technical language that will enable
each child care | 23 | | facility to effectively inspect children's products and
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| 1 | | identify unsafe children's products. Subject to availability | 2 | | of appropriations, the Department of Children and Family | 3 | | Services, in accordance with the requirements of this Section, | 4 | | shall establish and maintain a database on the safety of | 5 | | consumer products and other products or substances regulated | 6 | | by the Department that is: (i) publicly available; (ii) | 7 | | searchable; and (iii) accessible through the Internet website | 8 | | of the Department. The Department of Children and Family | 9 | | Services shall adopt rules to maintain data on child care | 10 | | facilities without Internet access and shall ensure the child | 11 | | care facilities without Internet access register for available | 12 | | mailing lists of pertinent recalls distributed in paper form. | 13 | | Child care facilities must maintain all written information | 14 | | provided pursuant to this subsection in a file accessible to | 15 | | both facility staff and parents of children attending the | 16 | | facility. Child care facilities must post in prominent | 17 | | locations regularly visited by parents written notification of | 18 | | the existence of the comprehensive list of unsafe children's | 19 | | products available on the Internet. The Department of Children | 20 | | and Family
Services shall adopt rules to carry out this | 21 | | Section.
| 22 | | (Source: P.A. 98-82, eff. 7-15-13.)
| 23 | | Section 10. The Children's Product Safety Act is amended | 24 | | by changing Section 10 as follows:
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| 1 | | (430 ILCS 125/10)
| 2 | | Sec. 10. Definitions. In this Act:
| 3 | | (a) "Children's product" means a product, including but | 4 | | not limited to a
full-size crib, non-full-size crib, toddler | 5 | | bed, bed, car seat, chair, high
chair, booster chair, hook-on | 6 | | chair, bath seat, gate or
other enclosure for confining a | 7 | | child, play yard, stationary activity center,
carrier, | 8 | | stroller, walker, swing, or toy or play equipment,
that meets | 9 | | the following criteria:
| 10 | | (i) the product is designed or intended for the care | 11 | | of, or use by,
any child under age 12 9 ; and
| 12 | | (ii) the product is designed or intended to come into | 13 | | contact with the
child while the product is used.
| 14 | | Notwithstanding any other provision of this Section, a | 15 | | product is not a
"children's product" for purposes of this Act | 16 | | if:
| 17 | | (I) it may be used by or for the care of a child under | 18 | | age 9,
but it is designed or intended for use by the | 19 | | general population or segments of
the general population | 20 | | and not solely or primarily for use by or the care of a
| 21 | | child; or
| 22 | | (II) it is a medication, drug, or food or is intended | 23 | | to be ingested.
| 24 | | (b) "Commercial dealer" means any person who deals in | 25 | | children's products or
who otherwise by one's occupation holds | 26 | | oneself out as having
knowledge or skill peculiar to |
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| 1 | | children's products, or any person who is in the
business of | 2 | | remanufacturing, retrofitting, selling, leasing,
subletting, | 3 | | or otherwise placing in the stream of commerce
children's | 4 | | products. | 5 | | (b-5) "Manufacturer" means any person who makes and places | 6 | | into the stream of commerce a children's product as defined by | 7 | | this Act. | 8 | | (b-10) "Importer" means any person who brings into this | 9 | | country and places into the stream of commerce a children's | 10 | | product. | 11 | | (b-15) "Distributor" and "wholesaler" means any person, | 12 | | other than a manufacturer or retailer, who sells or resells or | 13 | | otherwise places into the stream of commerce a children's | 14 | | product. | 15 | | (b-20) "Retailer" means any person other than a | 16 | | manufacturer, distributor, or wholesaler who sells, leases, or | 17 | | sublets children's products. | 18 | | (b-25) "First seller" means any retailer selling a | 19 | | children's product that has not been used or has not | 20 | | previously been owned. A first seller does not include an | 21 | | entity such as a second-hand or resale store.
| 22 | | (c) "Person" means a natural person, firm, corporation, | 23 | | limited liability
company, or association, or an employee or | 24 | | agent of a natural person or an
entity included in this | 25 | | definition.
| 26 | | (d) "Infant" means any person less than 35 inches tall and
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| 1 | | less than 3 years of age.
| 2 | | (e) "Crib" means a bed or containment designed to | 3 | | accommodate
an infant.
| 4 | | (f) "Full-size crib" means a full-size crib as defined in
| 5 | | Section 1508.3 of Title 16 of the Code of Federal Regulations
| 6 | | regarding the requirements for full-size cribs.
| 7 | | (g) "Non-full-size crib" means a non-full-size crib as
| 8 | | defined in Section 1509.2 of Title 16 of the Code of Federal
| 9 | | Regulations regarding the requirements for non-full-size | 10 | | cribs.
| 11 | | (h) "End consumer" means a person who purchases a | 12 | | children's product for any purpose other than resale.
| 13 | | (Source: P.A. 94-11, eff. 6-8-05.)
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