Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2224 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2224 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 225 ILCS 10/5.2 430 ILCS 125/10 Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9). LRB103 24982 AMQ 51316 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2224 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 225 ILCS 10/5.2 430 ILCS 125/10 225 ILCS 10/5.2 430 ILCS 125/10 Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9). LRB103 24982 AMQ 51316 b LRB103 24982 AMQ 51316 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2224 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 10/5.2 430 ILCS 125/10 225 ILCS 10/5.2 430 ILCS 125/10
4	4	225 ILCS 10/5.2
5	5	430 ILCS 125/10
6	6	Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9).
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9	9	A BILL FOR
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12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Child Care Act of 1969 is amended by
16	16	5 changing Section 5.2 as follows:
17	17	6 (225 ILCS 10/5.2)
18	18	7 Sec. 5.2. Unsafe children's products.
19	19	8 (a) A child care facility may not use or have on the
20	20	9 premises, on or after July 1, 2000, an unsafe children's
21	21	10 product as described in Section 15 of the Children's Product
22	22	11 Safety Act. This subsection (a) does not apply to an antique or
23	23	12 collectible children's product if it is not used by, or
24	24	13 accessible to, any child in the child care facility.
25	25	14 (b) The Department of Children and Family Services shall
26	26	15 notify child care facilities, on an ongoing basis, including
27	27	16 during the license application facility examination and during
28	28	17 annual license monitoring visits, of the provisions of this
29	29	18 Section and the Children's Product Safety Act and of the
30	30	19 comprehensive list of unsafe children's products as provided
31	31	20 and maintained by the Department of Public Health available on
32	32	21 the Internet, as determined in accordance with that Act, in
33	33	22 plain, non-technical language that will enable each child care
34	34	23 facility to effectively inspect children's products and
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2224 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
39	39	225 ILCS 10/5.2 430 ILCS 125/10 225 ILCS 10/5.2 430 ILCS 125/10
40	40	225 ILCS 10/5.2
41	41	430 ILCS 125/10
42	42	Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9).
43	43	LRB103 24982 AMQ 51316 b LRB103 24982 AMQ 51316 b
44	44	LRB103 24982 AMQ 51316 b
45	45	A BILL FOR
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51	51	225 ILCS 10/5.2
52	52	430 ILCS 125/10
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71	71	1 identify unsafe children's products. Subject to availability
72	72	2 of appropriations, the Department of Children and Family
73	73	3 Services, in accordance with the requirements of this Section,
74	74	4 shall establish and maintain a database on the safety of
75	75	5 consumer products and other products or substances regulated
76	76	6 by the Department that is: (i) publicly available; (ii)
77	77	7 searchable; and (iii) accessible through the Internet website
78	78	8 of the Department. The Department of Children and Family
79	79	9 Services shall adopt rules to maintain data on child care
80	80	10 facilities without Internet access and shall ensure the child
81	81	11 care facilities without Internet access register for available
82	82	12 mailing lists of pertinent recalls distributed in paper form.
83	83	13 Child care facilities must maintain all written information
84	84	14 provided pursuant to this subsection in a file accessible to
85	85	15 both facility staff and parents of children attending the
86	86	16 facility. Child care facilities must post in prominent
87	87	17 locations regularly visited by parents written notification of
88	88	18 the existence of the comprehensive list of unsafe children's
89	89	19 products available on the Internet. The Department of Children
90	90	20 and Family Services shall adopt rules to carry out this
91	91	21 Section.
92	92	22 (Source: P.A. 98-82, eff. 7-15-13.)
93	93	23 Section 10. The Children's Product Safety Act is amended
94	94	24 by changing Section 10 as follows:
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105	105	1 (430 ILCS 125/10)
106	106	2 Sec. 10. Definitions. In this Act:
107	107	3 (a) "Children's product" means a product, including but
108	108	4 not limited to a full-size crib, non-full-size crib, toddler
109	109	5 bed, bed, car seat, chair, high chair, booster chair, hook-on
110	110	6 chair, bath seat, gate or other enclosure for confining a
111	111	7 child, play yard, stationary activity center, carrier,
112	112	8 stroller, walker, swing, or toy or play equipment, that meets
113	113	9 the following criteria:
114	114	10 (i) the product is designed or intended for the care
115	115	11 of, or use by, any child under age 12 9; and
116	116	12 (ii) the product is designed or intended to come into
117	117	13 contact with the child while the product is used.
118	118	14 Notwithstanding any other provision of this Section, a
119	119	15 product is not a "children's product" for purposes of this Act
120	120	16 if:
121	121	17 (I) it may be used by or for the care of a child under
122	122	18 age 9, but it is designed or intended for use by the
123	123	19 general population or segments of the general population
124	124	20 and not solely or primarily for use by or the care of a
125	125	21 child; or
126	126	22 (II) it is a medication, drug, or food or is intended
127	127	23 to be ingested.
128	128	24 (b) "Commercial dealer" means any person who deals in
129	129	25 children's products or who otherwise by one's occupation holds
130	130	26 oneself out as having knowledge or skill peculiar to
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141	141	1 children's products, or any person who is in the business of
142	142	2 remanufacturing, retrofitting, selling, leasing, subletting,
143	143	3 or otherwise placing in the stream of commerce children's
144	144	4 products.
145	145	5 (b-5) "Manufacturer" means any person who makes and places
146	146	6 into the stream of commerce a children's product as defined by
147	147	7 this Act.
148	148	8 (b-10) "Importer" means any person who brings into this
149	149	9 country and places into the stream of commerce a children's
150	150	10 product.
151	151	11 (b-15) "Distributor" and "wholesaler" means any person,
152	152	12 other than a manufacturer or retailer, who sells or resells or
153	153	13 otherwise places into the stream of commerce a children's
154	154	14 product.
155	155	15 (b-20) "Retailer" means any person other than a
156	156	16 manufacturer, distributor, or wholesaler who sells, leases, or
157	157	17 sublets children's products.
158	158	18 (b-25) "First seller" means any retailer selling a
159	159	19 children's product that has not been used or has not
160	160	20 previously been owned. A first seller does not include an
161	161	21 entity such as a second-hand or resale store.
162	162	22 (c) "Person" means a natural person, firm, corporation,
163	163	23 limited liability company, or association, or an employee or
164	164	24 agent of a natural person or an entity included in this
165	165	25 definition.
166	166	26 (d) "Infant" means any person less than 35 inches tall and
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177	177	1 less than 3 years of age.
178	178	2 (e) "Crib" means a bed or containment designed to
179	179	3 accommodate an infant.
180	180	4 (f) "Full-size crib" means a full-size crib as defined in
181	181	5 Section 1508.3 of Title 16 of the Code of Federal Regulations
182	182	6 regarding the requirements for full-size cribs.
183	183	7 (g) "Non-full-size crib" means a non-full-size crib as
184	184	8 defined in Section 1509.2 of Title 16 of the Code of Federal
185	185	9 Regulations regarding the requirements for non-full-size
186	186	10 cribs.
187	187	11 (h) "End consumer" means a person who purchases a
188	188	12 children's product for any purpose other than resale.
189	189	13 (Source: P.A. 94-11, eff. 6-8-05.)
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