Full Text of HB4722 96th General Assembly
HB4722enr 96TH GENERAL ASSEMBLY
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HB4722 Enrolled |
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| AN ACT concerning antifreeze.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Antifreeze Bittering Act. | 6 |
| Section 5. Addition of bittering agent required. Any engine | 7 |
| coolant or antifreeze that is manufactured after January 1, | 8 |
| 2011, and subsequently sold within the State, and that contains | 9 |
| more than 10% ethylene glycol, shall include denatonium | 10 |
| benzoate at a minimum of 30 parts per million and a maximum of | 11 |
| 50 parts per million as a bittering agent within the product so | 12 |
| as to render it unpalatable. | 13 |
| Section 10. Record keeping. A manufacturer of a product | 14 |
| subject to this Act shall maintain a record of the trade name, | 15 |
| scientific name, and active ingredients of any bittering agent | 16 |
| used pursuant to this Act. Such information shall be available | 17 |
| to the public upon request.
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| Section 15. Liability.
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| (a) Subject to subsections (b) and (c) of this Section, a | 20 |
| manufacturer, processor, distributor, recycler, or seller of | 21 |
| an engine coolant or antifreeze containing denatonium benzoate |
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| at a minimum of 30 parts per million and a maximum of 50 parts | 2 |
| per million shall not be liable, except for willful and wanton | 3 |
| misconduct, to any person for personal injury, death, property | 4 |
| damage, damage to the environment, damage to natural resources, | 5 |
| or economic loss where the inclusion of denatonium benzoate in | 6 |
| any engine coolant or antifreeze was the sole cause of the | 7 |
| personal injury, death, property damage, damage to the | 8 |
| environment, damage to natural resources, or economic loss.
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| (b) Subsection (a) of this Section shall be strictly | 10 |
| construed and shall not apply to manufacturers, distributors, | 11 |
| recyclers, or sellers of denatonium benzoate prior to its | 12 |
| dilution with an engine coolant or antifreeze, or in dilutions | 13 |
| with antifreeze or engine coolant of less than 30 parts per | 14 |
| million or more than 50 parts per million.
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| (c) Subsection (a) of this Section shall apply only to | 16 |
| causes of action accruing on or after the effective date of | 17 |
| this Act. | 18 |
| Section 20. Home rule preemption. With respect to retail | 19 |
| containers containing less than 55 gallons of engine coolant or | 20 |
| antifreeze, no local government, municipality, or other | 21 |
| political subdivision of this State shall have any authority | 22 |
| either to establish or continue in effect any prohibition, | 23 |
| limitation, standard, or other requirement relating to the | 24 |
| inclusion of a bittering agent in engine coolant or antifreeze | 25 |
| that is in any way different from, or in addition to, the |
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HB4722 Enrolled |
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| provisions of this Act. This Section is a denial and limitation | 2 |
| of home rule powers and functions under subsection (h) of | 3 |
| Section 6 of Article VII of the Illinois Constitution. | 4 |
| Section 25. Exemptions. The requirements of this Act shall | 5 |
| not be construed to apply to: | 6 |
| (1) the sale of a motor vehicle that contains engine | 7 |
| coolant or antifreeze; or | 8 |
| (2) wholesale containers of engine coolant or | 9 |
| antifreeze containing 55 gallons or more of engine coolant | 10 |
| or antifreeze.
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| Section 30. Penalty. A violation of this Act is a Class C | 12 |
| misdemeanor. | 13 |
| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2011.
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