Illinois General Assembly - Full Text of HB3761
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Full Text of HB3761  99th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children's Product Safety Act is amended by
5adding Section 16 and changing Sections 10, 25, and 30 as
7    (430 ILCS 125/10)
8    Sec. 10. Definitions. In this Act:
9    (a) "Children's product" means a product, including but not
10limited to a full-size crib, non-full-size crib, toddler bed,
11bed, car seat, chair, high chair, booster chair, hook-on chair,
12bath seat, gate or other enclosure for confining a child, play
13yard, stationary activity center, carrier, stroller, walker,
14swing, or toy or play equipment, that meets the following
16        (i) the product is designed or intended for the care
17    of, or use by, any child under age 9; and
18        (ii) the product is designed or intended to come into
19    contact with the child while the product is used.
20    Notwithstanding any other provision of this Section, a
21product is not a "children's product" for purposes of this Act
23        (I) it may be used by or for the care of a child under



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1    age 9, but it is designed or intended for use by the
2    general population or segments of the general population
3    and not solely or primarily for use by or the care of a
4    child; or
5        (II) it is a medication, drug, or food or is intended
6    to be ingested.
7    (b) "Commercial dealer" means any person who deals in
8children's products or crib bumper pads or who otherwise by
9one's occupation holds oneself out as having knowledge or skill
10peculiar to children's products or crib bumper pads, or any
11person who is in the business of remanufacturing, retrofitting,
12selling, leasing, subletting, or otherwise placing in the
13stream of commerce children's products or crib bumper pads.
14    (b-5) "Manufacturer" means any person who makes and places
15into the stream of commerce a children's product or crib bumper
16pad as defined by this Act.
17    (b-10) "Importer" means any person who brings into this
18country and places into the stream of commerce a children's
19product or a crib bumper pad.
20    (b-15) "Distributor" and "wholesaler" means any person,
21other than a manufacturer or retailer, who sells or resells or
22otherwise places into the stream of commerce a children's
23product or crib bumper pad.
24    (b-20) "Retailer" means any person other than a
25manufacturer, distributor, or wholesaler who sells, leases, or
26sublets children's products or crib bumper pads.



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1    (b-25) "First seller" means any retailer selling a
2children's product that has not been used or has not previously
3been owned. A first seller does not include an entity such as a
4second-hand or resale store.
5    (c) "Person" means a natural person, firm, corporation,
6limited liability company, or association, or an employee or
7agent of a natural person or an entity included in this
9    (d) "Infant" means any person less than 35 inches tall and
10less than 3 years of age.
11    (e) "Crib" means a bed or containment designed to
12accommodate an infant.
13    (f) "Full-size crib" means a full-size crib as defined in
14Section 1508.3 of Title 16 of the Code of Federal Regulations
15regarding the requirements for full-size cribs.
16    (g) "Non-full-size crib" means a non-full-size crib as
17defined in Section 1509.2 of Title 16 of the Code of Federal
18Regulations regarding the requirements for non-full-size
20    (h) "End consumer" means a person who purchases a
21children's product for any purpose other than resale.
22    (i) "Crib bumper pad" means any padding material,
23including, but not limited to, a roll of stuffed fabric, that
24is designed for placement within a crib to cushion one or more
25of the crib's inner sides adjacent to the crib mattress. "Crib
26bumper pad" does not include mesh liners.



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1(Source: P.A. 94-11, eff. 6-8-05.)
2    (430 ILCS 125/16 new)
3    Sec. 16. Crib bumper pads.
4    (a) No commercial dealer, manufacturer, importer,
5distributor, wholesaler, or retailer shall sell, lease, offer
6for sale, or offer for lease in the State any crib bumper pad
7as an accessory to a crib or as a separate item.
8    (b) Any person who violates this Section is subject to a
9civil penalty of not less than $100 nor more than $500 for each
11    (430 ILCS 125/25)
12    Sec. 25. Penalty. Except as provided in Sections 16 and
13Section 20, a commercial dealer, importer, distributor,
14wholesaler, or retailer who violates this Act by failing to
15exercise reasonable care is subject to a civil penalty in an
16amount not to exceed $500 for each day that the violation
18(Source: P.A. 94-11, eff. 1-1-06.)
19    (430 ILCS 125/30)
20    Sec. 30. Enforcement.
21    (a) The Attorney General, or a State's Attorney in the
22county in which a violation of this Act occurred, may bring an
23action in the name of the People of the State of Illinois to



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1enforce the provisions of this Act.
2    (b) When (i) it appears to the Attorney General that a
3commercial dealer, manufacturer, importer, distributor,
4wholesaler, or retailer has engaged in or is engaging in any
5practice declared to be in violation of this Act, or (ii) the
6Attorney General receives a written complaint from a consumer
7of the commission of a practice declared to be in violation of
8this Act, or (iii) the Attorney General believes it to be in
9the public interest that an investigation should be made to
10ascertain whether a person in fact has engaged in or is
11engaging in any practice declared to be in violation of this
12Act, the Attorney General may:
13        (1) Require that person to file, on terms that the
14    Attorney General prescribes, a statement or report in
15    writing under oath or otherwise, as to all information the
16    Attorney General considers necessary.
17        (2) Examine under oath any person in connection with
18    the conduct of any trade or commerce.
19        (3) Examine any merchandise or sample thereof, record,
20    book, document, account, or paper the Attorney General
21    considers necessary.
22        (4) Pursuant to an order of the circuit court, impound
23    any record, book, document, account, paper, or sample of
24    merchandise that is produced in accordance with this Act,
25    and retain it in the Attorney General's possession until
26    the completion of all proceedings in connection with which



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1    it is produced.
2    (c) In the administration of this Act, the Attorney General
3may accept an assurance of voluntary compliance with respect to
4any practice deemed to be a violation of this Act from any
5commercial dealer, manufacturer, importer, distributor,
6wholesaler, or retailer who has engaged in or is engaging in
7that practice. Evidence of the violation of an assurance of
8voluntary compliance shall be prima facie evidence of a
9violation of this Act in any subsequent proceeding brought by
10the Attorney General against the alleged violator with regard
11to the specific violation or violations addressed in the
12assurance of voluntary compliance.
13    (d) Whenever the Attorney General or a State's Attorney has
14reason to believe that any commercial dealer, manufacturer,
15importer, distributor, wholesaler, or retailer has engaged in
16or is engaging in any practice in violation of this Act and
17that proceedings would be in the public interest, he or she may
18bring an action in the name of the People of the State against
19that commercial dealer, manufacturer, importer, distributor,
20wholesaler, or retailer to restrain by preliminary or permanent
21injunction the use of that practice.
22    (e) Civil penalties paid under Section 25 and civil
23penalties paid under Section 16 shall be deposited into the
24Attorney General Court Ordered and Voluntary Compliance
25Payment Projects Fund. Moneys in the Fund shall be used,
26subject to appropriation, for the performance of any function



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1pertaining to the exercise of the duties of the Attorney
2General, including, but not limited to, enforcement of any law
3of this State and conducting public education programs. Any
4moneys in the Fund that are required by the court or by an
5agreement to be used for a particular purpose must be used for
6that purpose, however.
7(Source: P.A. 94-11, eff. 1-1-06.)
8    Section 99. Effective date. This Act takes effect on
9January 1, 2018.