HB0186 95TH GENERAL ASSEMBLY

LRB095 03860 LCT 23891 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0186

Introduced 1/19/2007, by Rep. Dave Winters

SYNOPSIS AS INTRODUCED:

New Act

Creates the Antifreeze Bittering Act. Provides that any engine coolant or antifreeze that is manufactured or sold in this State, after July 1, 2008, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable. Requires the manufacturer or packager of engine coolant or antifreeze to maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used in the engine coolant or antifreeze. Limits the liability of a manufacturer, processor, distributor, recycler, or seller of engine coolant or antifreeze that is required to contain a bittering agent from liability to any person for any personal injury, death, property damage, damage to the environment or natural resources, or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated by the Act. Exempts from the requirements of the Act the sale of a motor vehicle that contains engine coolant or antifreeze or the sale of wholesale containers of engine coolant or antifreeze containing 55 gallons or more of engine coolant or antifreeze. Preempts home rule.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning antifreeze.

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

Section 1. Short title. This Act may be cited as the Antifreeze Bittering Act.

Section 5. Engine coolant and antifreeze; denatonium benzoate. Any engine coolant or antifreeze that is manufactured or sold in this State after July 1, 2008, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable.

Section 10. Record keeping. A manufacturer or packager of engine coolant or antifreeze subject to provisions of this Act shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this Act. Such information shall be available to the public upon request.

Section 15. Liability.

(a) A manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain a bittering agent pursuant to Section 5 of this Act shall not be liable to any person for any personal injury, death, property damage, damage to the environment or natural resources, or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated by Section 5 of this Act.

(b) The limitation on liability provided in this Section does not apply to a particular liability to the extent that the cause of such liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.

(c) The limitation on liability provided by this Section does not apply if the personal injury, death, property damage, damage to the environment or natural resources, or economic loss results from the willful or wanton misconduct by the manufacturer, distributor, recycler, or seller of the engine coolant or antifreeze.

(d) Nothing in this Section shall be construed to exempt any manufacturer or distributor of denatonium benzoate from any liability related to denatonium benzoate.

Section 20. Exemptions. The requirements of this Act shall not apply to:

(1) the sale of a motor vehicle that contains engine coolant or antifreeze; or

(2) wholesale containers of engine coolant or antifreeze containing 55 gallons or more of engine coolant or antifreeze.

Section 25. Home rule preemption. The regulation of engine coolant and antifreeze is an exclusive power and function of the State. A home rule unit may not regulate engine coolant or anti-freeze. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.