Synopsis As Introduced Amends the State Finance Act and the Children's Product Safety Act. Provides that a "children's product" is one designed or intended for children under age 12 (instead of 6); changes and adds other definitions. Provides that a children's product is deemed to be unsafe "only" if it meets certain specified criteria. Adds requirements concerning the Department of Public Health's list of unsafe children's products. Makes changes concerning safety standards for baby cribs. Imposes duties on manufacturers, importers, wholesalers, and distributors in connection with recalls of children's products. Provides for civil penalties for violations of the Children's Product Safety Act, and removes a provision making a violation a Class C misdemeanor. Provides that nothing in the Act relieves a commercial dealer from compliance with stricter requirements that may be imposed by an agency of the federal government. Adds enforcement powers of the Attorney General. Creates the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund; provides for the deposit of civil penalties into the fund and for the use of moneys in the fund by the Attorney General. Effective immediately.
Replaces everything after the enacting clause. Amends the Children's Product Safety Act with provisions substantially similar to those of Senate Bill 526, but with changes that include the following: (1) provides that a "children's product" is one designed or intended for children under age 9 (instead of 12); (2) requires a manufacturer, importer, distributor, or wholesaler to place on its web site a link to recall or warning information that contains the specific recall notice or warning that was issued for the product in question (instead of a link to www.recalls.gov); (3) provides that the posting of a recall or warning notice by a retailer must be in each retail store; (4) provides that a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer shall not be found in violation of the provisions concerning unsafe children's products if the specific recalled product sold was not included on the Department of Public Health's list of unsafe children's products on the day before the sale (instead of providing that such a person who exercises reasonable care in acting pursuant to the Children's Product Safety Act is not in violation of any provision of the Act); (5) provides that nothing in the Children's Product Safety Act shall be interpreted to allow a unit of State or local government or any other entity within the State to issue recalls; (6) provides that nothing in the Children's Product Safety Act relieves a manufacturer, importer, distributor, wholesaler, or retailer (in addition to a commercial dealer) from compliance with stricter requirements that may be imposed by a federal agency; and (7) in provisions concerning enforcement of the Children's Product Safety Act by the Attorney General, (i) removes references to a person being "about to engage in" a practice in violation of the Act and (ii) removes provisions concerning the powers a court may exercise. Effective immediately, except provides that the changes in connection with penalties for violating the Children's Product Safety Act and in connection with enforcement of the Act take effect January 1, 2006.
Fiscal Note (S-AM1) (Department of Revenue)
This would increase State revenues. However, the Illinois Department of Revenue cannot predict the number of violations of the Act that will subject persons to the civil penalty and cannot determine the fiscal impact of this bill.
Fiscal Note (S-AM 1)(Department of Public Health)
Senate Bill 526 will have a minimal fiscal impact on the Illinois Department of Public Health.