Bill Text: IL HB4523 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Criminal Code of 1961. Exempts household products from the statute requiring a person seeking to purchase a substance which is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label, prior to taking possession to: (1) provide a valid driver's license or other government-issued identification showing the person's name, date of birth, and photograph; and (2) sign a log documenting the name and address of the person, date and time of the transaction, and the brand, product name and net weight of the item. Defines "household product". Effective immediately.

Spectrum: Slight Partisan Bill (Republican 15-5)

Status: (Passed) 2012-08-10 - Public Act . . . . . . . . . 97-0929 [HB4523 Detail]

Download: Illinois-2011-HB4523-Chaptered.html

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Public Act 097-0929
HB4523 Enrolled LRB097 16874 RLC 62247 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 12-38 as follows:
(720 ILCS 5/12-38)
Sec. 12-38. Restrictions on purchase or acquisition of
corrosive or caustic acid.
(a) A person seeking to purchase a substance which is
regulated by Title 16 CFR Section 1500.129 of the Federal
Caustic Poison Act and is required to contain the words "causes
severe burns" as the affirmative statement of principal hazard
on its label, must prior to taking possession:
(1) provide a valid driver's license or other
government-issued identification showing the person's
name, date of birth, and photograph; and
(2) sign a log documenting the name and address of the
person, date and time of the transaction, and the brand,
product name and net weight of the item.
(b) Exemption. The requirements of subsection (a) do not
apply to batteries or household products. For the purposes of
this Section, "household product" means any product which is
customarily produced or distributed for sale for consumption or

use, or customarily stored, by individuals in or about the
household, including, but not limited to, products which are
customarily produced and distributed for use in or about a
household as a cleaning agent, drain cleaner, pesticide, epoxy,
paint, stain, or similar substance.
(c) Rules and Regulations. The Illinois Department of State
Police shall have the authority to promulgate rules for the
implementation and enforcement of this Section.
(d) Sentence. Any violation of this Section is a business
offense for which a fine not exceeding $150 for the first
violation, $500 for the second violation, or $1,500 for the
third and subsequent violations within a 12-month period shall
be imposed.
(e) Preemption. The regulation of the purchase or
acquisition, or both, of a caustic or corrosive substance and
any registry regarding the sale or possession, or both, of a
caustic or corrosive substance is an exclusive power and
function of the State. A home rule unit may not regulate the
purchase or acquisition of caustic or corrosive substances and
any ordinance or local law contrary to this Section is declared
void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.