Sen. John J. Millner
Filed: 2/27/2012
 
 

 

 

 
09700SB3655sam001LRB097 20081 RLC 66152 a



1
AMENDMENT TO SENATE BILL 3655 




2    AMENDMENT NO. ______. Amend Senate Bill 3655 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Criminal Code of 1961 is amended  by 
5changing Section 12-38 as follows:
 
6    (720 ILCS 5/12-38)
7    Sec. 12-38. Restrictions on purchase or acquisition of 
8corrosive or caustic acid. 
9    (a) A person seeking to purchase a substance which is 
10regulated by Title 16 CFR Section 1500.129 of the Federal 
11Caustic Poison Act and is required to contain the words "causes 
12severe burns" as the affirmative statement of principal hazard 
13on its label, must prior to taking possession:
14        (1)  provide a valid driver's license or other 
15    government-issued identification showing the person's 
16    name, date of birth, and photograph; and
 
 
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1        (2)   sign a log documenting the name and address of the 
2    person, date and time of the transaction, and the brand, 
3    product name and net weight of the item.
4    (b) Exemption.  The requirements of subsection (a) do not 
5apply to batteries or household products.  For the purposes of 
6this Section, "household product" means any product which is 
7customarily produced or distributed for sale for consumption or 
8use, or customarily stored, by individuals in or about the 
9household, including, but not limited to, products which are 
10customarily produced and distributed for use in or about a 
11household as a cleaning agent, drain cleaner, pesticide, epoxy, 
12paint, stain, or similar substance.
13    (c)  Rules and Regulations.  The Illinois Department of State 
14Police shall have the authority to promulgate rules for the 
15implementation and enforcement of this Section.
16    (d)  Sentence.  Any violation of this Section is a business 
17offense for which a fine not exceeding $150 for the first 
18violation, $500 for the second violation, or $1,500 for the 
19third and subsequent violations within a 12-month period shall 
20be imposed.
21    (e) Preemption.  The regulation of the purchase or 
22acquisition, or both, of a caustic or corrosive substance and 
23any registry regarding the sale or possession, or both, of a 
24caustic or corrosive substance is an exclusive power and 
25function of the State.  A home rule unit may not regulate the 
26purchase or acquisition of caustic or corrosive substances and 
 
 
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1any ordinance or local law contrary to this Section is declared 
2void.  This is a denial and limitation of home rule powers and 
3functions under subsection (h) of Section 6 of Article VII of 
4the Illinois Constitution.

5(Source: P.A. 97-565, eff. 1-1-12.)
 
 
6    Section 99. Effective date. This Act takes effect upon 
7becoming law.".