Rep. Naomi D. Jakobsson
Filed: 3/22/2010
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1 | AMENDMENT TO HOUSE BILL 5040
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2 | AMENDMENT NO. ______. Amend House Bill 5040, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Cadmium-Safe Kids Act. | ||||||
7 | Section 5. Legislative findings. The General Assembly | ||||||
8 | finds: | ||||||
9 | (1) Children's jewelry that could expose children to high | ||||||
10 | levels of accessible cadmium could cause potential harm to | ||||||
11 | children's health and the environment. | ||||||
12 | (2) Because children's bodies are growing and developing, | ||||||
13 | they are especially vulnerable to the effects of toxic | ||||||
14 | chemicals. | ||||||
15 | (3) To protect children's health, it is important to limit | ||||||
16 | children's exposure to accessible cadmium in children's |
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1 | jewelry and to determine whether further action is required. | ||||||
2 | Section 10. Definitions. In this Act: | ||||||
3 | "Agency" means the Illinois Environmental Protection | ||||||
4 | Agency. | ||||||
5 | "Body piercing jewelry" means any part of jewelry that is | ||||||
6 | manufactured or sold for placement in a new piercing or a | ||||||
7 | mucous membrane, but does not include any part of that jewelry | ||||||
8 | that is not placed within a new piercing or a mucous membrane. | ||||||
9 | "Children's jewelry" means jewelry that is made, marketed, | ||||||
10 | or designed for or intended primarily for use by children under | ||||||
11 | the age of 12 and includes jewelry that meets any of the | ||||||
12 | following conditions: | ||||||
13 | (1) represented in its packaging, display, or | ||||||
14 | advertising as appropriate for use by children under the | ||||||
15 | age of 12; | ||||||
16 | (2) sold in conjunction with, attached to, or packaged | ||||||
17 | together with other products that are packaged, displayed, | ||||||
18 | or advertised as appropriate for use by children; | ||||||
19 | (3) sized for children and not intended for use by | ||||||
20 | adults; or | ||||||
21 | (4) sold in any of the following: | ||||||
22 | (i) a vending machine; | ||||||
23 | (ii) a retail store, catalogue, or online web site, | ||||||
24 | in which a person exclusively offers for sale products | ||||||
25 | that are packaged, displayed, or advertised as |
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1 | appropriate for use by children; or | ||||||
2 | (iii) a discrete portion of a retail store, | ||||||
3 | catalogue, or online web site, in which a person offers | ||||||
4 | for sale products that are packaged, displayed, or | ||||||
5 | advertised as appropriate for use by children. | ||||||
6 | "Children's jewelry" does not include any product category | ||||||
7 | for which an existing federal standard regulates cadmium | ||||||
8 | exposure in surface coatings and accessible substance | ||||||
9 | materials as required under ASTM International Consumer Safety | ||||||
10 | Specification for Toy Safety, ASTM Standard F-963, or | ||||||
11 | subsequent versions of this standard. | ||||||
12 | "Distributor" means a person who sells products to retail | ||||||
13 | establishments on a wholesale basis. | ||||||
14 | "Jewelry" means any of the following ornaments worn by a | ||||||
15 | person: | ||||||
16 | (A) Ankle bracelet. | ||||||
17 | (B) Arm cuff. | ||||||
18 | (C) Bracelet. | ||||||
19 | (D) Brooch. | ||||||
20 | (E) Chain. | ||||||
21 | (F) Crown. | ||||||
22 | (G) Cuff link. | ||||||
23 | (H) Hair accessory. | ||||||
24 | (I) Earring. | ||||||
25 | (J) Necklace. | ||||||
26 | (K) Decorative pin. |
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1 | (L) Ring. | ||||||
2 | (M) Body piercing jewelry. | ||||||
3 | (N) Jewelry placed in the mouth for display ornament. | ||||||
4 | (O) Charm, bead, chain, link, pendant, or any other | ||||||
5 | component of the items listed in this definition. | ||||||
6 | (M) Charm, bead, chain, link, pendant, or any other | ||||||
7 | attachment to shoes or clothing that can be removed and may | ||||||
8 | be used as a component of an item listed in this | ||||||
9 | definition. | ||||||
10 | (Q) Watch, if the timepiece is a component of an item | ||||||
11 | list in this definition, excluding the timepiece itself if | ||||||
12 | the timepiece can be removed from the ornament. | ||||||
13 | "Manufacturer" means the person who manufactured a final | ||||||
14 | product or whose brand name is affixed to the product. In the | ||||||
15 | case of a product that was imported into the United States, | ||||||
16 | "manufacturer" includes the importer or domestic distributor | ||||||
17 | of the product if the person who manufactured or assembled the | ||||||
18 | product does not have a presence in the United States. | ||||||
19 | Section 15. Regulation of cadmium in children's jewelry. No | ||||||
20 | person may manufacture, knowingly sell, offer for sale, | ||||||
21 | distribute for sale, or distribute for use in this State | ||||||
22 | children's jewelry containing cadmium in any paint or surface | ||||||
23 | coating or accessible substrate that exceeds 75 parts per | ||||||
24 | million, as determined through solubility testing for heavy | ||||||
25 | metals defined in the ASTM International Safety Specification |
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1 | on Toy Safety, ASTM Standard F-963, and subsequent versions of | ||||||
2 | this standard, unless superseded by a federal standard | ||||||
3 | applicable to children's jewelry. This Section only applies to | ||||||
4 | products that are manufactured after July 1, 2011. | ||||||
5 | Section 20. Interstate clearinghouse. The Agency is | ||||||
6 | authorized to participate, along with other states and | ||||||
7 | governmental entities, in an interstate clearinghouse to | ||||||
8 | promote safer chemicals in consumer products. The Agency may | ||||||
9 | cooperate with the interstate clearinghouse to (i) organize and | ||||||
10 | manage available data on chemicals, including information on | ||||||
11 | uses, hazards, environmental concerns, safer alternatives, and | ||||||
12 | model policies and programs, (ii) provide technical assistance | ||||||
13 | regarding chemical safety to businesses, consumers, and policy | ||||||
14 | makers, and (iii) undertake other activities in support of | ||||||
15 | State programs to promote chemical safety. | ||||||
16 | Section 25. Implementation and exemption. | ||||||
17 | (a) A manufacturer of children's jewelry restricted under | ||||||
18 | this Act must notify persons that sell the manufacturer's | ||||||
19 | products in this State about the provisions of this Act no less | ||||||
20 | than 90 days before the effective date of the restrictions. A | ||||||
21 | manufacturer that sells or distributes children's jewelry | ||||||
22 | prohibited from sale or distribution under this Act shall | ||||||
23 | recall the product and reimburse the retailer or any other | ||||||
24 | purchaser for the product. |
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1 | (b) A retailer who unknowingly sells a product that is | ||||||
2 | restricted from sale under this Act is not liable under this | ||||||
3 | Act. | ||||||
4 | Section 30. Enforcement and penalties. | ||||||
5 | (a) The Attorney General is responsible for administering | ||||||
6 | and ensuring compliance with this Act, including the | ||||||
7 | development and adoption of any rules, if necessary, for the | ||||||
8 | implementation and enforcement of this Act.
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9 | (b) The Attorney General shall develop and implement a | ||||||
10 | process for receiving and handling complaints from individuals | ||||||
11 | regarding possible violations of this Act. | ||||||
12 | (c) The Attorney General may conduct any investigation | ||||||
13 | deemed necessary regarding possible violations of this Act | ||||||
14 | including, without limitation, the issuance of subpoenas to: | ||||||
15 | (i) require the filing of a statement or report or answer | ||||||
16 | interrogatories in writing as to all information relevant to | ||||||
17 | the alleged violations; (ii) examine under oath any person who | ||||||
18 | possesses knowledge or information directly related to the | ||||||
19 | alleged violations; and (iii) examine any record, book, | ||||||
20 | document, account, or paper necessary to investigate the | ||||||
21 | alleged violation. | ||||||
22 | (d) Service by the Attorney General of any notice requiring | ||||||
23 | a person to file a statement or report, or of a subpoena upon | ||||||
24 | any person, shall be made: | ||||||
25 | (1) personally by delivery of a duly executed copy |
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1 | thereof to the person to be served or, if a person is not a | ||||||
2 | natural person, in the manner provided in the Code of Civil | ||||||
3 | Procedure when a complaint is filed; or | ||||||
4 | (2) by mailing by certified mail a duly executed copy | ||||||
5 | thereof to the person to be served at his or her last known | ||||||
6 | abode or principal place of business within this State. | ||||||
7 | (e) If the Attorney General determines that there is a | ||||||
8 | reason to believe that a violation of the Act has occurred, | ||||||
9 | then the Attorney General may bring an action in the name of | ||||||
10 | the People of the State to obtain temporary, preliminary, or | ||||||
11 | permanent injunctive relief for any act, policy, or practice | ||||||
12 | that violates this Act. | ||||||
13 | (f) If any person fails or refuses to file any statement or | ||||||
14 | report, or obey any subpoena, issued pursuant to subsection (c) | ||||||
15 | of this Section, then the Attorney General may proceed to | ||||||
16 | initiate a civil action pursuant to subsection (e) of this | ||||||
17 | Section, or file a complaint in the circuit court for the | ||||||
18 | granting of injunctive relief, including restraining the | ||||||
19 | conduct that is alleged to violate this Act until the person | ||||||
20 | files the statement or report, or obeys the subpoena.
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21 | (g) Relief that may be granted. | ||||||
22 | (1) In any civil action brought pursuant to subsection | ||||||
23 | (e) of this Section, the Attorney General may obtain as a | ||||||
24 | remedy, equitable relief (including any permanent or | ||||||
25 | preliminary injunction, temporary restraining order, or | ||||||
26 | other order, including an order enjoining the defendant |
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1 | from engaging in a violation or ordering any action as may | ||||||
2 | be appropriate). In addition, the Attorney General may | ||||||
3 | request and the Court may impose a civil penalty in an | ||||||
4 | amount not to exceed $50,000 for each violation. For | ||||||
5 | purposes of this subsection, each item and each standard | ||||||
6 | constitutes a separate violation. | ||||||
7 | (2) A civil penalty imposed or a settlement or other | ||||||
8 | payment made pursuant to this Act shall be made payable to | ||||||
9 | the Attorney General's State Projects and Court Ordered | ||||||
10 | Distribution Fund, which is created as a special fund in | ||||||
11 | the State Treasury. Money in the Fund shall be used, | ||||||
12 | subject to appropriation, for the performance of any | ||||||
13 | function pertaining to the exercise of the duties of the | ||||||
14 | Attorney General including but not limited to enforcement | ||||||
15 | of any law of this State, product testing, and conducting | ||||||
16 | public education programs. | ||||||
17 | (3) Any funds collected under this Section in an action | ||||||
18 | in which the State's Attorney has prevailed shall be | ||||||
19 | retained by the county in which he or she serves. | ||||||
20 | (h) The penalties and injunctions provided in this Act are | ||||||
21 | in addition to any penalties, injunctions, or other relief | ||||||
22 | provided under any other law. Nothing in this Act
shall bar a | ||||||
23 | cause of action by the State for any other penalty, injunction, | ||||||
24 | or relief
provided by any other law. | ||||||
25 | Section 90. The State Finance Act is amended by adding |
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1 | Section 5.756 as follows: | ||||||
2 | (30 ILCS 105/5.756 new) | ||||||
3 | Sec. 5.756. The Attorney General's State Projects and Court | ||||||
4 | Ordered Distribution Fund.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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