Illinois 2023-2024 Regular Session

Illinois House Bill HB3363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0044
2	1		HB3363 EnrolledLRB103 24984 AMQ 51318 b HB3363 Enrolled LRB103 24984 AMQ 51318 b
3	2		HB3363 Enrolled LRB103 24984 AMQ 51318 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Child Care Act of 1969 is amended by
8		-	changing Section 5.2 as follows:
9		-	(225 ILCS 10/5.2)
10		-	Sec. 5.2. Unsafe children's products.
11		-	(a) A child care facility may not use or have on the
12		-	premises, on or after July 1, 2000, an unsafe children's
13		-	product as described in Section 15 of the Children's Product
14		-	Safety Act. This subsection (a) does not apply to an antique or
15		-	collectible children's product if it is not used by, or
16		-	accessible to, any child in the child care facility.
17		-	(b) The Department of Children and Family Services shall
18		-	notify child care facilities, on an ongoing basis, including
19		-	during the license application facility examination and during
20		-	annual license monitoring visits, of the provisions of this
21		-	Section and the Children's Product Safety Act and of the
22		-	comprehensive list of unsafe children's products as provided
23		-	and maintained by the Department of Public Health available on
24		-	the Internet, as determined in accordance with that Act, in
25		-	plain, non-technical language that will enable each child care
26		-	facility to effectively inspect children's products and
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Child Care Act of 1969 is amended by
	7	+	5 changing Section 5.2 as follows:
	8	+	6 (225 ILCS 10/5.2)
	9	+	7 Sec. 5.2. Unsafe children's products.
	10	+	8 (a) A child care facility may not use or have on the
	11	+	9 premises, on or after July 1, 2000, an unsafe children's
	12	+	10 product as described in Section 15 of the Children's Product
	13	+	11 Safety Act. This subsection (a) does not apply to an antique or
	14	+	12 collectible children's product if it is not used by, or
	15	+	13 accessible to, any child in the child care facility.
	16	+	14 (b) The Department of Children and Family Services shall
	17	+	15 notify child care facilities, on an ongoing basis, including
	18	+	16 during the license application facility examination and during
	19	+	17 annual license monitoring visits, of the provisions of this
	20	+	18 Section and the Children's Product Safety Act and of the
	21	+	19 comprehensive list of unsafe children's products as provided
	22	+	20 and maintained by the Department of Public Health available on
	23	+	21 the Internet, as determined in accordance with that Act, in
	24	+	22 plain, non-technical language that will enable each child care
	25	+	23 facility to effectively inspect children's products and
27	26
28	27
29	28
30	29		HB3363 Enrolled LRB103 24984 AMQ 51318 b
31	30
32	31
33		-	identify unsafe children's products. Subject to availability
34		-	of appropriations, the Department of Children and Family
35		-	Services, in accordance with the requirements of this Section,
36		-	shall establish and maintain a database on the safety of
37		-	consumer products and other products or substances regulated
38		-	by the Department that is: (i) publicly available; (ii)
39		-	searchable; and (iii) accessible through the Internet website
40		-	of the Department. The Department of Children and Family
41		-	Services shall adopt rules to maintain data on child care
42		-	facilities without Internet access and shall ensure the child
43		-	care facilities without Internet access register for available
44		-	mailing lists of pertinent recalls distributed in paper form.
45		-	Child care facilities must maintain all written information
46		-	provided pursuant to this subsection in a file accessible to
47		-	both facility staff and parents of children attending the
48		-	facility. Child care facilities must post in prominent
49		-	locations regularly visited by parents written notification of
50		-	the existence of the comprehensive list of unsafe children's
51		-	products available on the Internet. The Department of Children
52		-	and Family Services shall adopt rules to carry out this
53		-	Section.
54		-	(Source: P.A. 98-82, eff. 7-15-13.)
55		-	Section 10. The Children's Product Safety Act is amended
56		-	by changing Section 10 as follows:
	32	+	HB3363 Enrolled- 2 -LRB103 24984 AMQ 51318 b HB3363 Enrolled - 2 - LRB103 24984 AMQ 51318 b
	33	+	HB3363 Enrolled - 2 - LRB103 24984 AMQ 51318 b
	34	+	1 identify unsafe children's products. Subject to availability
	35	+	2 of appropriations, the Department of Children and Family
	36	+	3 Services, in accordance with the requirements of this Section,
	37	+	4 shall establish and maintain a database on the safety of
	38	+	5 consumer products and other products or substances regulated
	39	+	6 by the Department that is: (i) publicly available; (ii)
	40	+	7 searchable; and (iii) accessible through the Internet website
	41	+	8 of the Department. The Department of Children and Family
	42	+	9 Services shall adopt rules to maintain data on child care
	43	+	10 facilities without Internet access and shall ensure the child
	44	+	11 care facilities without Internet access register for available
	45	+	12 mailing lists of pertinent recalls distributed in paper form.
	46	+	13 Child care facilities must maintain all written information
	47	+	14 provided pursuant to this subsection in a file accessible to
	48	+	15 both facility staff and parents of children attending the
	49	+	16 facility. Child care facilities must post in prominent
	50	+	17 locations regularly visited by parents written notification of
	51	+	18 the existence of the comprehensive list of unsafe children's
	52	+	19 products available on the Internet. The Department of Children
	53	+	20 and Family Services shall adopt rules to carry out this
	54	+	21 Section.
	55	+	22 (Source: P.A. 98-82, eff. 7-15-13.)
	56	+	23 Section 10. The Children's Product Safety Act is amended
	57	+	24 by changing Section 10 as follows:
57	58
58	59
59		-	(430 ILCS 125/10)
60		-	Sec. 10. Definitions. In this Act:
61		-	(a) "Children's product" means a product, including but
62		-	not limited to a full-size crib, non-full-size crib, toddler
63		-	bed, bed, car seat, chair, high chair, booster chair, hook-on
64		-	chair, bath seat, gate or other enclosure for confining a
65		-	child, play yard, stationary activity center, carrier,
66		-	stroller, walker, swing, or toy or play equipment, that meets
67		-	the following criteria:
68		-	(i) the product is designed or intended for the care
69		-	of, or use by, any child under age 12 9; and
70		-	(ii) the product is designed or intended to come into
71		-	contact with the child while the product is used.
72		-	Notwithstanding any other provision of this Section, a
73		-	product is not a "children's product" for purposes of this Act
74		-	if:
75		-	(I) it may be used by or for the care of a child under
76		-	age 9, but it is designed or intended for use by the
77		-	general population or segments of the general population
78		-	and not solely or primarily for use by or the care of a
79		-	child; or
80		-	(II) it is a medication, drug, or food or is intended
81		-	to be ingested.
82		-	(b) "Commercial dealer" means any person who deals in
83		-	children's products or who otherwise by one's occupation holds
84		-	oneself out as having knowledge or skill peculiar to
85	60
86	61
87		-	children's products, or any person who is in the business of
88		-	remanufacturing, retrofitting, selling, leasing, subletting,
89		-	or otherwise placing in the stream of commerce children's
90		-	products.
91		-	(b-5) "Manufacturer" means any person who makes and places
92		-	into the stream of commerce a children's product as defined by
93		-	this Act.
94		-	(b-10) "Importer" means any person who brings into this
95		-	country and places into the stream of commerce a children's
96		-	product.
97		-	(b-15) "Distributor" and "wholesaler" means any person,
98		-	other than a manufacturer or retailer, who sells or resells or
99		-	otherwise places into the stream of commerce a children's
100		-	product.
101		-	(b-20) "Retailer" means any person other than a
102		-	manufacturer, distributor, or wholesaler who sells, leases, or
103		-	sublets children's products.
104		-	(b-25) "First seller" means any retailer selling a
105		-	children's product that has not been used or has not
106		-	previously been owned. A first seller does not include an
107		-	entity such as a second-hand or resale store.
108		-	(c) "Person" means a natural person, firm, corporation,
109		-	limited liability company, or association, or an employee or
110		-	agent of a natural person or an entity included in this
111		-	definition.
112		-	(d) "Infant" means any person less than 35 inches tall and
	62	+
	63	+	HB3363 Enrolled - 2 - LRB103 24984 AMQ 51318 b
113	64
114	65
115		-	less than 3 years of age.
116		-	(e) "Crib" means a bed or containment designed to
117		-	accommodate an infant.
118		-	(f) "Full-size crib" means a full-size crib as defined in
119		-	Section 1508.3 of Title 16 of the Code of Federal Regulations
120		-	regarding the requirements for full-size cribs.
121		-	(g) "Non-full-size crib" means a non-full-size crib as
122		-	defined in Section 1509.2 of Title 16 of the Code of Federal
123		-	Regulations regarding the requirements for non-full-size
124		-	cribs.
125		-	(h) "End consumer" means a person who purchases a
126		-	children's product for any purpose other than resale.
127		-	(Source: P.A. 94-11, eff. 6-8-05.)
	66	+	HB3363 Enrolled- 3 -LRB103 24984 AMQ 51318 b HB3363 Enrolled - 3 - LRB103 24984 AMQ 51318 b
	67	+	HB3363 Enrolled - 3 - LRB103 24984 AMQ 51318 b
	68	+	1 (430 ILCS 125/10)
	69	+	2 Sec. 10. Definitions. In this Act:
	70	+	3 (a) "Children's product" means a product, including but
	71	+	4 not limited to a full-size crib, non-full-size crib, toddler
	72	+	5 bed, bed, car seat, chair, high chair, booster chair, hook-on
	73	+	6 chair, bath seat, gate or other enclosure for confining a
	74	+	7 child, play yard, stationary activity center, carrier,
	75	+	8 stroller, walker, swing, or toy or play equipment, that meets
	76	+	9 the following criteria:
	77	+	10 (i) the product is designed or intended for the care
	78	+	11 of, or use by, any child under age 12 9; and
	79	+	12 (ii) the product is designed or intended to come into
	80	+	13 contact with the child while the product is used.
	81	+	14 Notwithstanding any other provision of this Section, a
	82	+	15 product is not a "children's product" for purposes of this Act
	83	+	16 if:
	84	+	17 (I) it may be used by or for the care of a child under
	85	+	18 age 9, but it is designed or intended for use by the
	86	+	19 general population or segments of the general population
	87	+	20 and not solely or primarily for use by or the care of a
	88	+	21 child; or
	89	+	22 (II) it is a medication, drug, or food or is intended
	90	+	23 to be ingested.
	91	+	24 (b) "Commercial dealer" means any person who deals in
	92	+	25 children's products or who otherwise by one's occupation holds
	93	+	26 oneself out as having knowledge or skill peculiar to
	94	+
	95	+
	96	+
	97	+
	98	+
	99	+	HB3363 Enrolled - 3 - LRB103 24984 AMQ 51318 b
	100	+
	101	+
	102	+	HB3363 Enrolled- 4 -LRB103 24984 AMQ 51318 b HB3363 Enrolled - 4 - LRB103 24984 AMQ 51318 b
	103	+	HB3363 Enrolled - 4 - LRB103 24984 AMQ 51318 b
	104	+	1 children's products, or any person who is in the business of
	105	+	2 remanufacturing, retrofitting, selling, leasing, subletting,
	106	+	3 or otherwise placing in the stream of commerce children's
	107	+	4 products.
	108	+	5 (b-5) "Manufacturer" means any person who makes and places
	109	+	6 into the stream of commerce a children's product as defined by
	110	+	7 this Act.
	111	+	8 (b-10) "Importer" means any person who brings into this
	112	+	9 country and places into the stream of commerce a children's
	113	+	10 product.
	114	+	11 (b-15) "Distributor" and "wholesaler" means any person,
	115	+	12 other than a manufacturer or retailer, who sells or resells or
	116	+	13 otherwise places into the stream of commerce a children's
	117	+	14 product.
	118	+	15 (b-20) "Retailer" means any person other than a
	119	+	16 manufacturer, distributor, or wholesaler who sells, leases, or
	120	+	17 sublets children's products.
	121	+	18 (b-25) "First seller" means any retailer selling a
	122	+	19 children's product that has not been used or has not
	123	+	20 previously been owned. A first seller does not include an
	124	+	21 entity such as a second-hand or resale store.
	125	+	22 (c) "Person" means a natural person, firm, corporation,
	126	+	23 limited liability company, or association, or an employee or
	127	+	24 agent of a natural person or an entity included in this
	128	+	25 definition.
	129	+	26 (d) "Infant" means any person less than 35 inches tall and
	130	+
	131	+
	132	+
	133	+
	134	+
	135	+	HB3363 Enrolled - 4 - LRB103 24984 AMQ 51318 b
	136	+
	137	+
	138	+	HB3363 Enrolled- 5 -LRB103 24984 AMQ 51318 b HB3363 Enrolled - 5 - LRB103 24984 AMQ 51318 b
	139	+	HB3363 Enrolled - 5 - LRB103 24984 AMQ 51318 b
	140	+	1 less than 3 years of age.
	141	+	2 (e) "Crib" means a bed or containment designed to
	142	+	3 accommodate an infant.
	143	+	4 (f) "Full-size crib" means a full-size crib as defined in
	144	+	5 Section 1508.3 of Title 16 of the Code of Federal Regulations
	145	+	6 regarding the requirements for full-size cribs.
	146	+	7 (g) "Non-full-size crib" means a non-full-size crib as
	147	+	8 defined in Section 1509.2 of Title 16 of the Code of Federal
	148	+	9 Regulations regarding the requirements for non-full-size
	149	+	10 cribs.
	150	+	11 (h) "End consumer" means a person who purchases a
	151	+	12 children's product for any purpose other than resale.
	152	+	13 (Source: P.A. 94-11, eff. 6-8-05.)
	153	+
	154	+
	155	+
	156	+
	157	+
	158	+	HB3363 Enrolled - 5 - LRB103 24984 AMQ 51318 b