100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2915

 

Introduced , by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 150/10

    Amends the Electronic Products Recycling and Reuse Act. In a definition of "tablet computer", provides that human interface with a tablet computer is achieved through a touch-screen and video display screen greater than 4 (instead of 6) inches in size. Defines "cell phone", "mobile phone", and "smart phone". Makes a change to the definition of "computer".


LRB100 05966 MJP 15994 b

 

 

A BILL FOR

 

HB2915LRB100 05966 MJP 15994 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Section 10 as follows:
 
6    (415 ILCS 150/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Agency" means the Environmental Protection Agency.
9    "Cathode-ray tube" means a vacuum tube or picture tube used
10to convert an electronic signal into a visual image, such as a
11television or computer monitor.
12    "Collector" means a person who receives covered electronic
13devices or eligible electronic devices directly from a
14residence for recycling or processing for reuse. "Collector"
15includes, but is not limited to, manufacturers, recyclers, and
16refurbishers who receive CEDs or EEDs directly from the public.
17    "Computer", often referred to as a "personal computer", or
18"PC", or "tablet", means a desktop or notebook computer as
19further defined below and used only in a residence, but does
20not mean an automated typewriter, electronic printer, mobile
21telephone, portable hand-held calculator, portable digital
22assistant (PDA), MP3 player, or other similar device.
23"Computer" does not include computer peripherals, commonly

 

 

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1known as cables, mouse, or keyboard. "Computer" is further
2defined as either:
3        (1) "Desktop computer", which means an electronic,
4    magnetic, optical, electrochemical, or other high-speed
5    data processing device performing logical, arithmetic, or
6    storage functions for general purpose needs that are met
7    through interaction with a number of software programs
8    contained therein, and that is not designed to exclusively
9    perform a specific type of logical, arithmetic, or storage
10    function or other limited or specialized application.
11    Human interface with a desktop computer is achieved through
12    a stand-alone keyboard, stand-alone monitor, or other
13    display unit, and a stand-alone mouse or other pointing
14    device, and is designed for a single user. A desktop
15    computer has a main unit that is intended to be
16    persistently located in a single location, often on a desk
17    or on the floor. A desktop computer is not designed for
18    portability and generally utilizes an external monitor,
19    keyboard, and mouse with an external or internal power
20    supply for a power source. Desktop computer does not
21    include an automated typewriter or typesetter; or
22        (2) "Notebook computer", which means an electronic,
23    magnetic, optical, electrochemical, or other high-speed
24    data processing device performing logical, arithmetic, or
25    storage functions for general purpose needs that are met
26    through interaction with a number of software programs

 

 

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1    contained therein, and that is not designed to exclusively
2    perform a specific type of logical, arithmetic, or storage
3    function or other limited or specialized application.
4    Human interface with a notebook computer is achieved
5    through a keyboard, video display greater than 4 inches in
6    size, and mouse or other pointing device, all of which are
7    contained within the construction of the unit that
8    comprises the notebook computer; supplemental stand-alone
9    interface devices typically can also be attached to the
10    notebook computer. Notebook computers can use external,
11    internal, or batteries for a power source. Notebook
12    computer does not include a portable hand-held calculator,
13    or a portable digital assistant or similar specialized
14    device. A notebook computer has an incorporated video
15    display greater than 4 inches in size and can be carried as
16    one unit by an individual. A notebook computer is sometimes
17    referred to as a laptop computer.
18        (3) "Tablet computer", which means an electronic,
19    magnetic, optical, electrochemical, or other high-speed
20    data processing device performing logical, arithmetic, or
21    storage functions for general purpose needs that are met
22    through interaction with a number of software programs
23    contained therein, and that is not designed to exclusively
24    perform a specific type of logical, arithmetic, or storage
25    function or other limited or specialized application.
26    Human interface with a tablet computer is achieved through

 

 

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1    a touch-screen and video display screen greater than 4 6
2    inches in size (all of which are contained within the unit
3    that comprises the tablet computer). Tablet computers may
4    use an external or internal power source. "Tablet computer"
5    does not include a portable hand-held calculator, a
6    portable digital assistant, or a similar specialized
7    device.
8    "Computer monitor" means an electronic device that is a
9cathode-ray tube or flat panel display primarily intended to
10display information from a computer and is used only in a
11residence.
12    "Covered electronic device" or "CED" means any computer,
13computer monitor, television, printer, electronic keyboard,
14facsimile machine, videocassette recorder, portable digital
15music player that has memory capability and is battery powered,
16digital video disc player, video game console, electronic
17mouse, scanner, digital converter box, cable receiver,
18satellite receiver, digital video disc recorder, or
19small-scale server sold at retail and taken out of service from
20a residence in this State. "Covered electronic device" does not
21include any of the following:
22        (1) an electronic device that is a part of a motor
23    vehicle or any component part of a motor vehicle assembled
24    by or for a vehicle manufacturer or franchised dealer,
25    including replacement parts for use in a motor vehicle;
26        (2) an electronic device that is functionally or

 

 

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1    physically part of a larger piece of equipment or that is
2    taken out of service from an industrial, commercial
3    (including retail), library checkout, traffic control,
4    kiosk, security (other than household security),
5    governmental, agricultural, or medical setting, including
6    but not limited to diagnostic, monitoring, or control
7    equipment; or
8        (3) an electronic device that is contained within a
9    clothes washer, clothes dryer, refrigerator, refrigerator
10    and freezer, microwave oven, conventional oven or range,
11    dishwasher, room air conditioner, dehumidifier, water
12    pump, sump pump, or air purifier.
13To the extent allowed under federal and State laws and
14regulations, a CED that is being collected, recycled, or
15processed for reuse is not considered to be hazardous waste,
16household waste, solid waste, or special waste.
17    "Developmentally disabled", as defined by the Illinois
18Department of Human Services, Division of Developmental
19Disabilities Program Manual, means having mental retardation
20or a related condition. For the purposes of this Act:
21        (1) "Mental retardation" means significantly
22    subaverage general intellectual functioning as well as
23    deficits in adaptive behavior that manifested before age
24    18. A person's general intellectual functioning is
25    significantly subaverage if that person has an
26    intelligence quotient (IQ) of 70 or below on standardized

 

 

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1    measures of intelligence. This upper limit, however, may be
2    extended upward depending on the reliability of the
3    intelligence test used.
4        (2) "Related condition" means a severe, chronic
5    disability that (i) is attributable to cerebral palsy,
6    epilepsy, or any other condition, other than mental
7    illness, (ii) is found to be closely related to mental
8    retardation because the condition results in impairment of
9    general intellectual functioning or adaptive behavior
10    similar to that of a person with mental retardation, and
11    (iii) requires treatment or services similar to those
12    required for persons with mental retardation.
13    "Dismantling" means the demanufacturing and shredding of a
14CED.
15    "Eligible electronic device" or "EED" means any of the
16following electronic products sold at retail and taken out of
17service from a residence in this State: mobile telephone;
18computer cable; portable digital assistant (PDA); or zip drive.
19To the extent allowed under federal and state laws and
20regulations, an EED that is being collected, recycled, or
21processed for reuse is not considered to be hazardous waste,
22household waste, solid waste, or special waste.
23    "Low income children and families" mean those children and
24families that are subject to the most recent version of the
25United States Department of Health and Human Services Federal
26Poverty Guidelines.

 

 

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1    "Manufacturer" means a person, or a successor in interest
2to a person, under whose brand or label a computer, computer
3monitor, television, printer, electronic keyboard, facsimile
4machine, videocassette recorder, portable digital music
5player, digital video disc player, video game console,
6electronic mouse, scanner, digital converter box, cable
7receiver, satellite receiver, digital video disc recorder, or
8small-scale server is or was sold at retail. For any of the
9aforementioned electronic devices sold at retail under a brand
10or label that is licensed from a person who is a mere brand
11owner and who does not sell or produce any of the
12aforementioned electronic devices, the person who produced the
13device or his or her successor in interest is the manufacturer.
14For any of the aforementioned electronic devices sold at retail
15under the brand or label of both the retail seller and the
16person that produced the device, the person that produced the
17device, or his or her successor in interest, is the
18manufacturer. A retail seller of any of the aforementioned
19electronic devices may elect to be the manufacturer of one or
20more of the aforementioned electronic devices if the retail
21seller provides written notice to the Agency that it is
22accepting responsibility as the manufacturer of the device
23under this Act and identifies any of the aforementioned
24electronic devices for which it is electing to be the
25manufacturer.
26    "Mobile telephone" means a cell phone or smart phone.

 

 

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1        (1) "Cell phone" means a wireless device with the
2    primary function of making or receiving calls without a
3    physical connection to a network. A cell phone is sometimes
4    referred to as a mobile telephone.
5        (2) "Smart phone" means a cell phone with a mobile
6    operating system capable of running downloaded
7    applications. Human interface with a smart phone is
8    achieved through a touchscreen video display and
9    supplemental stand-alone interface devices, such as a
10    Bluetooth keyboard.
11    "Municipal joint action agency" means a municipal joint
12action agency created under Section 3.2 of the
13Intergovernmental Cooperation Act.
14    "Orphan CEDs" means those CEDs that are returned for
15recycling, or processing for reuse, whose manufacturer cannot
16be identified, or whose manufacturer is no longer conducting
17business and has no successor in interest.
18    "Person" means any individual, partnership,
19co-partnership, firm, company, limited liability company,
20corporation, association, joint stock company, trust, estate,
21political subdivision, State agency, or any other legal entity,
22or a legal representative, agent, or assign of that entity.
23    "Printer" means desktop printers, multifunction printer
24copiers, and printer/fax combinations taken out of service from
25a residence that are designed to reside on a work surface, and
26include various print technologies, including without

 

 

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1limitation laser and LED (electrographic), ink jet, dot matrix,
2thermal, and digital sublimation, and "multi-function" or
3"all-in-one" devices that perform different tasks, including
4without limitation copying, scanning, faxing, and printing.
5Printers do not include floor-standing printers, printers with
6optional floor stand, point of sale (POS) receipt printers,
7household printers such as a calculator with printing
8capabilities or label makers, or non-stand-alone printers that
9are embedded into products that are not CEDs.
10    "Processing for reuse" means any method, technique, or
11process by which CEDs or EEDs that would otherwise be disposed
12of or discarded are instead separated, processed, and returned
13to their original intended purposes or to other useful purposes
14as electronic devices. "Processing for reuse" includes the
15collection and transportation of CEDs or EEDs.
16    "Program Year" means a calendar year. The first program
17year is 2010.
18    "Recycler" means a person who engages in the recycling of
19CEDs or EEDs, but does not include telecommunications carriers,
20telecommunications manufacturers, or commercial mobile service
21providers with an existing recycling program.
22    "Recycling" means any method, technique, or process by
23which CEDs or EEDs that would otherwise be disposed of or
24discarded are instead collected, separated, or processed and
25are returned to the economic mainstream in the form of raw
26materials or products. "Recycling" includes the collection,

 

 

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1transportation, dismantling, and shredding of the CEDs or EEDs.
2    "Recycling coordinator" means the person designated by
3each county waste management plan to administer the county
4recycling program, as set forth in the Solid Waste Management
5Act.
6    "Refurbisher" means any person who processes CEDs or EEDs
7for reuse, but does not include telecommunications carriers,
8telecommunications manufacturers, or commercial mobile service
9providers with an existing recycling program.
10    "Residence" means a dwelling place or home in which one or
11more individuals live.
12    "Retailer" means a person who sells, rents, or leases,
13through sales outlets, catalogues, or the Internet, computers,
14computer monitors, printers, televisions, electronic
15keyboards, facsimile machines, videocassette recorders,
16portable digital music players, digital video disc players,
17video game consoles, electronic mice, scanners, digital
18converter boxes, cable receivers, satellite receivers, digital
19video disc recorders, or small-scale servers at retail to
20individuals in this State. For purposes of this Act, sales to
21individuals at retail are considered to be sales for
22residential use. "Retailer" includes, but is not limited to,
23manufacturers who sell computers, computer monitors, printers,
24televisions, electronic keyboards, facsimile machines,
25videocassette recorders, portable digital music players,
26digital video disc players, video game consoles, electronic

 

 

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1mice, scanners, digital converter boxes, cable receivers,
2satellite receivers, digital video disc recorders, or
3small-scale servers at retail directly to individuals in this
4State.
5    "Sale" means any retail transfer of title for consideration
6of title including, but not limited to, transactions conducted
7through sales outlets, catalogs, or the Internet or any other
8similar electronic means but does not mean financing or
9leasing.
10    "Small-scale server" means a computer that typically uses
11desktop components in a desktop form designed primarily to
12serve as a storage host for other computers. To be considered a
13small-scale server, a computer must: be designed in a pedestal,
14tower, or other form that is similar to that of a desktop
15computer so that all data processing, storage, and network
16interfacing is contained within one box or product; be designed
17to be operational 24 hours per day and 7 days per week; have
18very little unscheduled downtime (on the order of hours per
19year); be capable of operating in a simultaneous multi-user
20environment serving several users through networked client
21units; and be designed for an industry accepted operating
22system for home or low-end server applications.
23    "Television" means an electronic device (i) containing a
24cathode-ray tube or flat panel screen the size of which is
25greater than 4 inches when measured diagonally, (ii) that is
26intended to receive video programming via broadcast, cable, or

 

 

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1satellite transmission or to receive video from surveillance or
2other similar cameras, and (iii) that is used only in a
3residence.
4    "Underserved counties" means those counties so identified
5in Section 60.
6(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)