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HB4722 Engrossed |
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LRB096 14860 KTG 29724 b |
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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 |
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| Antifreeze Bittering Act.
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| Section 5. Addition of bittering agent required. Any engine |
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| coolant or antifreeze that is manufactured after January 1, |
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| 2011, and subsequently sold within the State, and that contains |
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| more than 10% ethylene glycol, shall include denatonium |
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| benzoate at a minimum of 30 parts per million and a maximum of |
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| 50 parts per million as a bittering agent within the product so |
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| as to render it unpalatable.
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| Section 10. Record keeping. A manufacturer of a product |
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| subject to this Act shall maintain a record of the trade name, |
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| scientific name, and active ingredients of any bittering agent |
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| used pursuant to this Act. Such information shall be available |
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| 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 |
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| manufacturer, processor, distributor, recycler, or seller of |
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| an engine coolant or antifreeze containing denatonium benzoate |
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HB4722 Engrossed |
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LRB096 14860 KTG 29724 b |
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| at a minimum of 30 parts per million and a maximum of 50 parts |
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| per million shall not be liable, except for willful and wanton |
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| misconduct, to any person for personal injury, death, property |
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| damage, damage to the environment, damage to natural resources, |
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| or economic loss where the inclusion of denatonium benzoate in |
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| any engine coolant or antifreeze was the sole cause of the |
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| personal injury, death, property damage, damage to the |
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| environment, damage to natural resources, or economic loss.
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| (b) Subsection (a) of this Section shall be strictly |
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| construed and shall not apply to manufacturers, distributors, |
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| recyclers, or sellers of denatonium benzoate prior to its |
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| dilution with an engine coolant or antifreeze, or in dilutions |
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| with antifreeze or engine coolant of less than 30 parts per |
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| million or more than 50 parts per million.
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| (c) Subsection (a) of this Section shall apply only to |
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| causes of action accruing on or after the effective date of |
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| this Act.
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| Section 20. Home rule preemption. With respect to retail |
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| containers containing less than 55 gallons of engine coolant or |
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| antifreeze, no local government, municipality, or other |
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| political subdivision of this State shall have any authority |
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| either to establish or continue in effect any prohibition, |
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| limitation, standard, or other requirement relating to the |
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| inclusion of a bittering agent in engine coolant or antifreeze |
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| that is in any way different from, or in addition to, the |
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HB4722 Engrossed |
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LRB096 14860 KTG 29724 b |
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| provisions of this Act. This Section is a denial and limitation |
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| of home rule powers and functions under subsection (h) of |
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| Section 6 of Article VII of the Illinois Constitution.
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| Section 25. Exemptions. The requirements of this Act shall |
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| not be construed to apply to: |
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| (1) the sale of a motor vehicle that contains engine |
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| coolant or antifreeze; or |
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| (2) wholesale containers of engine coolant or |
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| antifreeze containing 55 gallons or more of engine coolant |
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| or antifreeze.
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| Section 30. Penalty. A violation of this Act is a Class C |
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| misdemeanor.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2011.
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