Full Text of SB0944 95th General Assembly
SB0944sam002 95TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 5/21/2008
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| AMENDMENT TO SENATE BILL 944
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| AMENDMENT NO. ______. Amend Senate Bill 944 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Child-Safe Chemicals Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds: | 8 |
| (a) The incidence of some diseases and disorders that have | 9 |
| been linked to chemical exposures are on the rise. | 10 |
| (b) The metabolism, physiology, and exposure patterns of | 11 |
| developing fetuses, infants, and children to toxic chemicals | 12 |
| differ from those of adults, which makes children more | 13 |
| vulnerable than adults to the harmful effects of exposure to | 14 |
| some synthetic chemicals. | 15 |
| (c) Unlike pharmaceuticals and pesticides, manufacturers | 16 |
| of most chemical substances are not required under current law |
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| to supply human or environmental toxicity information before | 2 |
| selling their products to the public. Consequently, the vast | 3 |
| majority of chemicals used in consumer products have never had | 4 |
| any federal or state government review to evaluate potential | 5 |
| toxicity to the environment, infants, children, developing | 6 |
| fetuses, or adults. | 7 |
| (d) To protect children's health, it is important to reduce | 8 |
| or eliminate exposures to certain chemicals that are present in | 9 |
| children's products or that may be reasonably anticipated to | 10 |
| result in children's exposure or be placed in the mouths of | 11 |
| children. | 12 |
| Section 10. Definitions. | 13 |
| "Manufacturer" means the person who manufactured a final | 14 |
| product or whose brand name is affixed to a 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 it | 18 |
| or whose brand name is affixed to it does not have a presence | 19 |
| in the United States. | 20 |
| "Person" means any individual, partnership, | 21 |
| co-partnership, firm, company, limited liability company, | 22 |
| corporation, association, joint stock company, trust, estate, | 23 |
| political subdivision, state agency, or any other legal entity, | 24 |
| or his, her, or its legal representative, agent, or assigns. |
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| Section 15. Bisphenol A ban. Beginning July 1, 2009, no | 2 |
| person shall sell, offer for sale, distribute, or offer to | 3 |
| distribute any product intended for a child under 3 years of | 4 |
| age that is used to contain food or liquid if the product | 5 |
| contains bisphenol A. | 6 |
| Section 20. Children's Advisory Panel. | 7 |
| (a) The Children's Health Advisory Panel is established and | 8 |
| shall consist of the Illinois Director of Public Health or his | 9 |
| or her designee, the Director of the Illinois Environmental | 10 |
| Protection Agency or his or her designee, the Illinois Attorney | 11 |
| General or his or her designee, and 5 members appointed jointly | 12 |
| by the Directors of Public Health and the Environmental | 13 |
| Protection Agency. Appointed members must possess knowledge | 14 |
| and expertise in fields relevant to children's health and | 15 |
| chemical exposure. The members of the Advisory Panel may | 16 |
| organize themselves as they deem necessary and shall serve | 17 |
| without compensation. | 18 |
| (b) No later than January 1, 2010, the Advisory Panel shall | 19 |
| recommend to the Governor and the General Assembly policy | 20 |
| options for addressing chemicals that pose a threat to | 21 |
| children's health based on potential exposure to children from | 22 |
| consumer products. At a minimum, the recommendations shall | 23 |
| include policy options for the following: | 24 |
| (1) Identifying chemicals that pose a threat to | 25 |
| children's health. |
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| (2) Establishing limits for such chemicals in consumer | 2 |
| products. | 3 |
| (3) Identifying safer alternatives to such chemicals | 4 |
| and requiring or creating incentives for the development or | 5 |
| use of such alternatives. | 6 |
| (4) Ensuring appropriate access to all information | 7 |
| related to the effects of a chemical substance on human | 8 |
| health and the environment. | 9 |
| (5) Informing consumers about chemicals that pose a | 10 |
| threat to children's health. | 11 |
| (6) Funding for the State resources needed to carry out | 12 |
| the policy recommendations. | 13 |
| Section 25. Interstate clearinghouse. The Illinois | 14 |
| Environmental Protection Agency and Illinois Department of | 15 |
| Public Health are authorized to participate in an interstate | 16 |
| clearinghouse to promote safer chemicals in consumer products | 17 |
| in cooperation with other states and governmental entities. The | 18 |
| Agency and Department may cooperate with the interstate | 19 |
| clearinghouse to organize and manage available data on | 20 |
| chemicals, including information on uses, hazards, | 21 |
| environmental concerns, safer alternatives, and model policies | 22 |
| and programs; to provide technical assistance to businesses, | 23 |
| consumers, and policy makers related to safer chemicals; and to | 24 |
| undertake other activities in support of State programs to | 25 |
| promote safer chemicals. |
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| Section 30. Implementation and exemption. | 2 |
| (a) A manufacturer of products that are restricted under | 3 |
| this Act must notify persons that sell the manufacturer's | 4 |
| products in this State about the provisions of this Act no less | 5 |
| than 90 days before the effective date of the restrictions. A | 6 |
| manufacturer that sells or distributes a product prohibited | 7 |
| from sale or distribution under this Act shall recall the | 8 |
| product and reimburse the retailer or any other purchaser for | 9 |
| the product. | 10 |
| (b) A retailer who unknowingly sells a product that is | 11 |
| restricted from sale under this Act is not liable under this | 12 |
| Act. | 13 |
| Section 35. Enforcement and penalties. | 14 |
| (a) The Attorney General is responsible for administering | 15 |
| and ensuring compliance with this Act, including the | 16 |
| development of any rules, if necessary, for the implementation | 17 |
| and enforcement of this Act.
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| (b) The Attorney General shall develop and implement a | 19 |
| process for receiving and handling complaints from individuals | 20 |
| regarding possible violations of this Act. | 21 |
| (c) The Attorney General may conduct any investigation | 22 |
| deemed necessary regarding possible violations of this Act | 23 |
| including, without limitation, the issuance of subpoenas to: | 24 |
| (i) require the filing of a statement or report or answer |
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| interrogatories in writing as to all information relevant to | 2 |
| the alleged violations; (ii) examine under oath any person who | 3 |
| possesses knowledge or information directly related to the | 4 |
| alleged violations; and (iii) examine any record, book, | 5 |
| document, account, or paper necessary to investigate the | 6 |
| alleged violation. | 7 |
| (d) Service by the Attorney General of any notice requiring | 8 |
| a person to file a statement or report, or of a subpoena upon | 9 |
| any person, shall be made: | 10 |
| (1) personally by delivery of a duly executed copy | 11 |
| thereof to the person to be served or, if a person is not a | 12 |
| natural person, in the manner provided in the Code of Civil | 13 |
| Procedure when a complaint is filed; or | 14 |
| (2) by mailing by certified mail a duly executed copy | 15 |
| thereof to the person to be served at his or her last known | 16 |
| abode or principal place of business within this State. | 17 |
| (e) In lieu of a civil action, the individual or entity | 18 |
| alleged to have engaged in a pattern or practice deemed | 19 |
| violative of this Act may enter into an Assurance of Voluntary | 20 |
| Compliance with respect to the alleged pattern or practice | 21 |
| violation. | 22 |
| (f) If the Attorney General determines that there is a | 23 |
| reason to believe that a violation of the Act has occurred, the | 24 |
| Attorney General may bring an action in the name of the People | 25 |
| of the State to obtain temporary, preliminary, or permanent | 26 |
| injunctive relief for any act, policy, or practice that |
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| violates this Act. | 2 |
| (g) If any person fails or refuses to file any statement or | 3 |
| report, or obey any subpoena, issued pursuant to subsection (c) | 4 |
| of this Section, the Attorney General may proceed to initiate a | 5 |
| civil action pursuant to subsection (f) of this Section, or | 6 |
| file a complaint in the circuit court for the granting of | 7 |
| injunctive relief, including restraining the conduct that is | 8 |
| alleged to violate this Act until the person files the | 9 |
| statement or report, or obeys the subpoena.
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| (h) Relief that may be granted. | 11 |
| (1) In any civil action brought pursuant to subsection | 12 |
| (f) of this Section, the Attorney General may obtain as a | 13 |
| remedy, equitable relief (including any permanent or | 14 |
| preliminary injunction, temporary restraining order, or | 15 |
| other order, including an order enjoining the defendant | 16 |
| from engaging in a violation or ordering any action as may | 17 |
| be appropriate). In addition, the Attorney General may | 18 |
| request and the Court may impose a civil penalty in an | 19 |
| amount not to exceed $50,000 for each violation. For | 20 |
| purposes of this subsection, each item and each standard | 21 |
| constitutes a separate violation. | 22 |
| (2) A civil penalty imposed or a settlement or other | 23 |
| payment made pursuant to this Act shall be made payable to | 24 |
| the Attorney General's State Projects and Court Ordered | 25 |
| Distribution Fund, which is created as a special fund in | 26 |
| the State Treasury. Moneys in the Fund shall be used, |
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| subject to appropriation, for the performance of any | 2 |
| function pertaining to the exercise of the duties of the | 3 |
| Attorney General including but not limited to enforcement | 4 |
| of any law of this State, product testing, and conducting | 5 |
| public education programs. | 6 |
| (3) Any funds collected under this Section in an action | 7 |
| in which the State's Attorney has prevailed shall be | 8 |
| retained by the county in which he or she serves.
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| (i) The penalties and injunctions provided in this Act are | 10 |
| in addition to any penalties, injunctions, or other relief | 11 |
| provided under any other law. Nothing in this Act
shall bar a | 12 |
| cause of action by the State for any other penalty, injunction, | 13 |
| or relief
provided by any other law.
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| Section 90. The State Finance Act is amended by adding | 15 |
| Section 5.708 as follows: | 16 |
| (30 ILCS 105/5.708 new) | 17 |
| Sec. 5.708. The Attorney General's State Projects and Court | 18 |
| Ordered Distribution Fund. ".
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