Full Text of HB2485 96th General Assembly
HB2485ham001 96TH GENERAL ASSEMBLY
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Rep. Elaine Nekritz
Filed: 3/17/2009
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| AMENDMENT TO HOUSE BILL 2485
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| AMENDMENT NO. ______. Amend House Bill 2485 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 that: | 8 |
| (a) The incidence of some diseases and disorders that have | 9 |
| been linked to chemical exposures is 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 |
| "Agency" means the Illinois Environmental Protection | 14 |
| Agency. | 15 |
| "Manufacturer" means a person who manufactured a final | 16 |
| product or whose brand name is affixed to a product. In the | 17 |
| case of a product that was imported into the United States, | 18 |
| "manufacturer" includes the importer or domestic distributor | 19 |
| of the product if the person who manufactured or assembled the | 20 |
| product or whose brand name is affixed to it does not have a | 21 |
| presence in the United States. | 22 |
| "Metal can" means a single-walled container that is (i) | 23 |
| manufactured from a metal substrate equal to or thinner than | 24 |
| 0.0149 inches, (ii) designed to hold or pack any food or | 25 |
| beverage, and (iii) sealed by can ends manufactured from metal |
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| substrate that is equal to or thinner than 0.0149 inches. | 2 |
| "Person" means any individual, partnership, | 3 |
| co-partnership, firm, company, limited liability company, | 4 |
| corporation, association, joint stock company, trust, estate, | 5 |
| political subdivision, state agency, or any other legal entity, | 6 |
| or his, her, or its legal representative, agent, or assigns. | 7 |
| Section 15. Bisphenol A ban. | 8 |
| (a) Beginning July 1, 2010, no person shall sell, offer to | 9 |
| sell, distribute, or offer to distribute any of the following: | 10 |
| (1) Any children's food container, including any baby | 11 |
| bottle or sippy cup, that contains bisphenol A if that | 12 |
| container (i) is designed, intended, or marketed to be | 13 |
| filled with any food or beverage primarily for consumption | 14 |
| by children 3 years of age or younger and (ii) is sold or | 15 |
| distributed at retail without containing any liquid, food, | 16 |
| or beverage. | 17 |
| (2) Any sports water bottle that contains bisphenol A. | 18 |
| (b) This Section does not apply to the sale, offer to sell, | 19 |
| distribution, or offer to distribute metal cans. | 20 |
| Section 20. Interstate clearinghouse. The Illinois | 21 |
| Environmental Protection Agency and Illinois Department of | 22 |
| Public Health are authorized to participate in an interstate | 23 |
| clearinghouse to promote safer chemicals in consumer products | 24 |
| in cooperation with other states and governmental entities. The |
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| Agency and Department may cooperate with the interstate | 2 |
| clearinghouse to organize and manage available data on | 3 |
| chemicals, including information on uses, hazards, | 4 |
| environmental concerns, safer alternatives, and model policies | 5 |
| and programs; to provide technical assistance to businesses, | 6 |
| consumers, and policy makers related to safer chemicals; and to | 7 |
| undertake other activities in support of State programs to | 8 |
| promote safer chemicals. | 9 |
| Section 25. Implementation and exemption. | 10 |
| (a) A manufacturer of products restricted under this Act | 11 |
| must notify persons that sell the manufacturer's products in | 12 |
| this State about the provisions of this Act no less than 90 | 13 |
| days before the effective date of the restrictions. A | 14 |
| manufacturer that sells or distributes a product prohibited | 15 |
| from sale or distribution under this Act shall recall the | 16 |
| product and reimburse the retailer or any other purchaser for | 17 |
| the product. | 18 |
| (b) A retailer who unknowingly sells a product that is | 19 |
| restricted from sale under this Act is not liable under this | 20 |
| Act. | 21 |
| Section 30. Enforcement and penalties. | 22 |
| (a) The Attorney General is responsible for administering | 23 |
| and ensuring compliance with this Act, including the | 24 |
| development and adoption of any rules, if necessary, for the |
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| implementation and enforcement of this Act.
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| (b) The Attorney General shall develop and implement a | 3 |
| process for receiving and handling complaints from individuals | 4 |
| regarding possible violations of this Act. | 5 |
| (c) The Attorney General may conduct any investigation | 6 |
| deemed necessary regarding possible violations of this Act | 7 |
| including, without limitation, the issuance of subpoenas to: | 8 |
| (i) require the filing of a statement or report or answer | 9 |
| interrogatories in writing as to all information relevant to | 10 |
| the alleged violations; (ii) examine under oath any person who | 11 |
| possesses knowledge or information directly related to the | 12 |
| alleged violations; and (iii) examine any record, book, | 13 |
| document, account, or paper necessary to investigate the | 14 |
| alleged violation. | 15 |
| (d) Service by the Attorney General of any notice requiring | 16 |
| a person to file a statement or report, or of a subpoena upon | 17 |
| any person, shall be made: | 18 |
| (1) personally by delivery of a duly executed copy | 19 |
| thereof to the person to be served or, if a person is not a | 20 |
| natural person, in the manner provided in the Code of Civil | 21 |
| Procedure when a complaint is filed; or | 22 |
| (2) by mailing by certified mail a duly executed copy | 23 |
| thereof to the person to be served at his or her last known | 24 |
| abode or principal place of business within this State. | 25 |
| (e) In lieu of a civil action, the individual or entity | 26 |
| alleged to have engaged in a pattern or practice deemed |
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| violative of this Act may enter into an Assurance of Voluntary | 2 |
| Compliance with respect to the alleged pattern or practice | 3 |
| violation. | 4 |
| (f) If the Attorney General determines that there is a | 5 |
| reason to believe that a violation of the Act has occurred, the | 6 |
| Attorney General may bring an action in the name of the People | 7 |
| of the State to obtain temporary, preliminary, or permanent | 8 |
| injunctive relief for any act, policy, or practice that | 9 |
| violates this Act. | 10 |
| (g) If any person fails or refuses to file any statement or | 11 |
| report, or obey any subpoena, issued pursuant to subsection (c) | 12 |
| of this Section, the Attorney General may proceed to initiate a | 13 |
| civil action pursuant to subsection (f) of this Section, or | 14 |
| file a complaint in the circuit court for the granting of | 15 |
| injunctive relief, including restraining the conduct that is | 16 |
| alleged to violate this Act until the person files the | 17 |
| statement or report, or obeys the subpoena.
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| (h) Relief that may be granted. | 19 |
| (1) In any civil action brought pursuant to subsection | 20 |
| (f) of this Section, the Attorney General may obtain as a | 21 |
| remedy, equitable relief (including any permanent or | 22 |
| preliminary injunction, temporary restraining order, or | 23 |
| other order, including an order enjoining the defendant | 24 |
| from engaging in a violation or ordering any action as may | 25 |
| be appropriate). In addition, the Attorney General may | 26 |
| request and the Court may impose a civil penalty in an |
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| amount not to exceed $50,000 for each violation. For | 2 |
| purposes of this subsection, each item and each standard | 3 |
| constitutes a separate violation. | 4 |
| (2) A civil penalty imposed or a settlement or other | 5 |
| payment made pursuant to this Act shall be made payable to | 6 |
| the Attorney General's State Projects and Court Ordered | 7 |
| Distribution Fund, which is created as a special fund in | 8 |
| the State Treasury. Moneys in the Fund shall be used, | 9 |
| subject to appropriation, for the performance of any | 10 |
| function pertaining to the exercise of the duties of the | 11 |
| Attorney General including but not limited to enforcement | 12 |
| of any law of this State, product testing, and conducting | 13 |
| public education programs. | 14 |
| (3) Any funds collected under this Section in an action | 15 |
| in which the State's Attorney has prevailed shall be | 16 |
| retained by the county in which he or she serves.
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| (i) The penalties and injunctions provided in this Act are | 18 |
| in addition to any penalties, injunctions, or other relief | 19 |
| provided under any other law. Nothing in this Act
shall bar a | 20 |
| cause of action by the State for any other penalty, injunction, | 21 |
| or relief
provided by any other law.
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| Section 90. The State Finance Act is amended by adding | 23 |
| Section 5.719 as follows: | 24 |
| (30 ILCS 105/5.719 new) |
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| Sec. 5.719. The Attorney General's State Projects and Court | 2 |
| Ordered Distribution Fund. ".
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