Full Text of SB2016 95th General Assembly
SB2016sam001 95TH GENERAL ASSEMBLY
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Sen. Debbie DeFrancesco Halvorson
Filed: 2/25/2008
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| AMENDMENT TO SENATE BILL 2016
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| AMENDMENT NO. ______. Amend Senate Bill 2016 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The State Finance Act is amended by adding | 5 |
| Sections 5.708 and 5.709 as follows: | 6 |
| (30 ILCS 105/5.708 new) | 7 |
| Sec. 5.708. The White Goods Disposal Fund. | 8 |
| (30 ILCS 105/5.709 new)
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| Sec. 5.709. The White Goods Recycling Fund. | 10 |
| Section 10. The Environmental Protection Act is amended by | 11 |
| changing Section 22.28 and by adding Section 22.28b as follows:
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| (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
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| Sec. 22.28. White goods.
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| (a) Beginning July 1, 2008 1994 , no owner or operator of a | 2 |
| landfill shall accept any white goods or white goods components | 3 |
| for final disposal. person shall knowingly offer for
collection | 4 |
| or collect white goods for the purpose of disposal by
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| landfilling unless the white good components have been removed.
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| (b) Beginning July 1, 1994, no owner or operator of a | 7 |
| landfill shall
accept any white goods for final disposal, | 8 |
| except that white goods may be
accepted if:
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| (1) the landfill participates in the Industrial | 10 |
| Materials Exchange
Service by communicating the | 11 |
| availability of white goods;
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| (2) prior to final disposal, any white good components | 13 |
| have been
removed from the white goods; and
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| (3) if white good components are removed from the white | 15 |
| goods at the
landfill, a site operating plan satisfying | 16 |
| this Act has been approved under
the site operating permit | 17 |
| and the conditions of such operating plan are met.
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| (b) (c) For the purposes of this Section:
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| (1) "White goods" shall include all discarded | 20 |
| refrigerators, ranges,
water heaters, freezers, air | 21 |
| conditioners, stoves, clothes washers, clothes dryers, | 22 |
| dehumidifiers, ovens, dishwashers, water coolers, heat | 23 |
| pumps, chillers, furnaces, and boilers humidifiers and | 24 |
| other similar
domestic and commercial large appliances .
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| (2) "White good components" shall include:
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| (i) any chlorofluorocarbon refrigerant gas;
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| (ii) any electrical switch containing mercury;
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| (iii) any device that contains or may contain PCBs | 3 |
| in a closed system,
such as a dielectric fluid for a | 4 |
| capacitor, ballast or other component;
and
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| (iv) any fluorescent lamp that contains mercury.
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| (d) The Agency is authorized to provide financial | 7 |
| assistance to units of
local government from the Solid Waste | 8 |
| Management Fund to plan for and
implement programs to collect, | 9 |
| transport and manage white goods.
Units of local government may | 10 |
| apply jointly for financial
assistance under this Section.
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| Applications for such financial assistance shall be | 12 |
| submitted to the
Agency and must provide a description of:
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| (A) the area to be served by the program;
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| (B) the white goods intended to be included in the | 15 |
| program;
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| (C) the methods intended to be used for collecting | 17 |
| and receiving
materials;
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| (D) the property, buildings, equipment and | 19 |
| personnel included in
the program;
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| (E) the public education systems to be used as part | 21 |
| of the program;
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| (F) the safety and security systems that will be | 23 |
| used;
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| (G) the intended processing methods for each white | 25 |
| goods type;
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| (H) the intended destination for final material |
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| handling location; and
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| (I) any staging sites used to handle collected | 3 |
| materials, the
activities to be performed at such sites | 4 |
| and the procedures for assuring
removal of collected | 5 |
| materials from such sites.
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| The application may be amended to reflect changes in | 7 |
| operating
procedures, destinations for collected materials, or | 8 |
| other factors.
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| Financial assistance shall be awarded for a State fiscal | 10 |
| year, and
may be renewed, upon application, if the Agency | 11 |
| approves the operation
of the program.
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| (e) All materials collected or received under a program | 13 |
| operated with
financial assistance under this Section shall be | 14 |
| recycled whenever
possible. Treatment or disposal of collected | 15 |
| materials are not eligible
for financial assistance unless the | 16 |
| applicant shows and the Agency approves
which materials may be | 17 |
| treated or disposed of under various conditions.
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| Any revenue from the sale of materials collected under such | 19 |
| a program
shall be retained by the unit of local government and | 20 |
| may be used only for
the same purposes as the financial | 21 |
| assistance under this Section.
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| (c) (f) The Agency is authorized to adopt rules necessary | 23 |
| or appropriate to
the administration of this Section.
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| (d) No rulemaking authority. Notwithstanding any other | 25 |
| rulemaking authority that may exist, neither the Governor nor | 26 |
| any agency or agency head under the jurisdiction of the |
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| Governor has any authority to make or promulgate rules to | 2 |
| implement or enforce the provisions of this amendatory Act of | 3 |
| the 95th General Assembly. If, however, the Governor believes | 4 |
| that rules are necessary to implement or enforce the provisions | 5 |
| of this amendatory Act of the 95th General Assembly, the | 6 |
| Governor may suggest rules to the General Assembly by filing | 7 |
| them with the Clerk of the House and Secretary of the Senate | 8 |
| and by requesting that the General Assembly authorize such | 9 |
| rulemaking by law, enact those suggested rules into law, or | 10 |
| take any other appropriate action in the General Assembly's | 11 |
| discretion. Nothing contained in this amendatory Act of the | 12 |
| 95th General Assembly shall be interpreted to grant rulemaking | 13 |
| authority under any other Illinois statute where such authority | 14 |
| is not otherwise explicitly given. For the purposes of this | 15 |
| subsection, "rules" is given the meaning contained in Section | 16 |
| 1-70 of the Illinois Administrative Procedure Act, and "agency" | 17 |
| and "agency head" are given the meanings contained in Sections | 18 |
| 1-20 and 1-25 of the Illinois Administrative Procedure Act to | 19 |
| the extent that such definitions apply to agencies or agency | 20 |
| heads under the jurisdiction of the Governor. | 21 |
| (g) (Blank).
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| (Source: P.A. 91-798, eff. 7-9-00.)
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| (415 ILCS 5/22.28b new)
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| Sec. 22.28b. Promotion of the recycling of white goods. | 25 |
| (a) The White Goods Disposal Fund and the White Goods |
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| Recycling Fund are created as special funds in the State | 2 |
| treasury. All fees collected under this Section and all | 3 |
| penalties or punitive damages for violations of this Section | 4 |
| and under Sections 22.28 and 22.28a must be deposited into the | 5 |
| Funds as follows: | 6 |
| (1) 40% is to be deposited into the White Goods | 7 |
| Disposal Fund and is available to the Agency for | 8 |
| enforcement of subsection (a) of Section 22.28. | 9 |
| (2) 60% is to be deposited into the White Goods | 10 |
| Recycling Fund and is available to the Department of | 11 |
| Commerce and Economic Opportunity for grants to directly | 12 |
| offset the energy costs of businesses that, in any given | 13 |
| year, manufacture more than 300,000 tons of products for | 14 |
| sale that are composed of at least 80% post-consumer | 15 |
| recycled content and pre-consumer recycled content by | 16 |
| weight or volume. The Department shall establish | 17 |
| guidelines for solicitation of grants under this Section no | 18 |
| later than October 1, 2008. Applications for assistance | 19 |
| shall be filed with the Department on forms provided by the | 20 |
| Department and shall set forth such information as may be | 21 |
| required by the Department. The Department shall evaluate | 22 |
| the application and notify the applicant of the | 23 |
| qualification or non-qualification of the application | 24 |
| within 45 days after the deadline established by the | 25 |
| Department for receipt of applications. | 26 |
| Every 2 years, the Agency and the Department shall each |
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| report to the Governor and to the General Assembly on its | 2 |
| activities relating to the White Goods Disposal Fund and the | 3 |
| White Goods Recycling Fund. | 4 |
| (b) Each retailer who sells a new or used white good at | 5 |
| retail in this State shall collect from the retail customer a | 6 |
| white-good-disposal fee of $8. The retailer may retain $2 of | 7 |
| the fee if the retailer provides white good consumers with | 8 |
| information identifying the white goods that must be recycled | 9 |
| under this Section and partners with the United States | 10 |
| Environmental Protection Agency Responsible Appliance Disposal | 11 |
| Program. The retailer shall pay the $8 fee or, where the | 12 |
| retailer qualifies to retain $2 of the fee, $6 to the | 13 |
| Department of Revenue for deposit into the White Goods Disposal | 14 |
| Fund and the White Goods Recycling Fund as designated in this | 15 |
| Section. The retailers shall collect the white goods disposal | 16 |
| fee from the purchaser by adding the fee to the selling price | 17 |
| of the white good. The fee must be stated as a distinct item | 18 |
| separate and apart from the selling price of the white good, | 19 |
| and is not includable in the gross receipts of the retailer | 20 |
| subject to the Retailers' Occupation Tax Act, the Use Tax Act, | 21 |
| or any locally imposed retailers' occupation tax. The | 22 |
| white-goods-disposal fee constitutes a debt owed by the | 23 |
| retailer to this State. The fee under this Section does not | 24 |
| apply to mail-order sales. | 25 |
| (c) Each retailer of white goods who maintains a place of | 26 |
| business in this State must make a return to the Department of |
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| Revenue on a quarter-annual basis, with the return for January, | 2 |
| February, and March of a given year being due by April 30 of | 3 |
| that year; with the return for April, May, and June of a given | 4 |
| year being due by July 31 of that year; with the return for | 5 |
| July, August, and September of a given year being due by | 6 |
| October 31 of that year; and with the return for October, | 7 |
| November, and December of a given year being due by January 31 | 8 |
| of the following year. Each return made to the Department of | 9 |
| Revenue must contain the following: | 10 |
| (1) the name of the retailer; | 11 |
| (2) the address of the retailer's principal place of | 12 |
| business and the address of the principal place of business | 13 |
| (if that is a different address) from which the retailer | 14 |
| engages in the business of making retail sales of white | 15 |
| goods; | 16 |
| (3) the total number of white goods sold at retail in | 17 |
| the preceding calendar quarter; | 18 |
| (4) the total amount of white-goods-disposal fees | 19 |
| collected in the preceding calendar quarter; | 20 |
| (5) if the retailer retains $2 of the disposal fee, the | 21 |
| retailer shall provide proof of the information it provides | 22 |
| to consumers identifying the white goods that must be | 23 |
| recycled under this Section and proof of participation in | 24 |
| the United States Environmental Protection Agency | 25 |
| Responsible Appliance Disposal Program; and | 26 |
| (6) any other information that the Department of |
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| Revenue reasonably requires. | 2 |
| Notwithstanding any other provision of law concerning the | 3 |
| time within which a retailer may file his or her return, in the | 4 |
| case of any retailer who ceases to engage in the retail sale of | 5 |
| white goods, the retailer must file a final return under this | 6 |
| Section with the Department of Revenue not more than one | 7 |
| calendar month after discontinuing that business. | 8 |
| (d) All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, | 9 |
| 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 13 of | 10 |
| the Retailers' Occupation Tax Act that are not inconsistent | 11 |
| with this Section apply, as far as practical, to the fee | 12 |
| imposed by subsection (b) of this Section to the same extent as | 13 |
| if those provisions were included in this Section. References | 14 |
| in the incorporated Sections of the Retailers' Occupation Tax | 15 |
| Act to retailers, to sellers, or to persons engaged in the | 16 |
| business of selling tangible personal property mean retailers | 17 |
| of white goods. | 18 |
| (d) The Department of Revenue may adopt and enforce any | 19 |
| reasonable rule to administer and enforce the fee imposed by | 20 |
| subsection (b) of this Section. | 21 |
| Whenever the Department of Revenue is required to provide | 22 |
| notice to a retailer under this Section, the notice may be | 23 |
| personally served or given by United States certified or | 24 |
| registered mail, addressed to the retailer or taxpayer | 25 |
| concerned at his or her last known address, and proof of this | 26 |
| mailing is sufficient for the purposes of this Section. In the |
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| case of a notice of hearing, the Department must mail the | 2 |
| notice at least 7 days prior to the date fixed for the hearing. | 3 |
| All hearings provided by the Department of Revenue under | 4 |
| this Section with respect to or concerning a taxpayer having | 5 |
| his or her principal place of business in this State other than | 6 |
| in Cook County shall be held at the Department's office nearest | 7 |
| to the location of the taxpayer's principal place of business. | 8 |
| If the taxpayer has his or her principal place of business in | 9 |
| Cook County, then the hearing must be held in Cook County. If | 10 |
| the taxpayer does not have his or her principal place of | 11 |
| business in this State, then the hearing must be held in | 12 |
| Sangamon County. | 13 |
| If any proceeding under this Section has been begun by the | 14 |
| Department of Revenue or by a person subject thereto and that | 15 |
| person subsequently dies or becomes a person under legal | 16 |
| disability before the proceeding has been concluded, then the | 17 |
| legal representative of the deceased person or person under | 18 |
| legal disability shall notify the Department of Revenue of the | 19 |
| death or legal disability. The Department must substitute the | 20 |
| legal representative, as such, in place of and for the person. | 21 |
| Within 20 days after notice to the legal representative of the | 22 |
| time fixed for that purpose, the proceeding may proceed in all | 23 |
| respects and with like effect as though the person had not died | 24 |
| or become a person under legal disability. | 25 |
| (e) The Illinois Administrative Procedure Act is expressly | 26 |
| adopted and applies to all administrative rules and procedures |
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| of the Department of Revenue under this Section, except that: | 2 |
| (1) paragraph (b) of Section 4 of the Illinois Administrative | 3 |
| Procedure Act does not apply to final orders, decisions, and | 4 |
| opinions of the Department of Revenue; (2) subparagraph (a)(2) | 5 |
| of Section 4 of the Illinois Administrative Procedure Act does | 6 |
| not apply to forms established by the Department of Revenue for | 7 |
| use under this Section; and (3) the provisions of Section 13 of | 8 |
| the Illinois Administrative Procedure Act regarding proposals | 9 |
| for decision are excluded and not applicable to the Department | 10 |
| of Revenue under this Section. | 11 |
| (f) The circuit court of any county in which a hearing is | 12 |
| held has the power to review all final administrative decisions | 13 |
| of the Department of Revenue in administering the fee imposed | 14 |
| under subsection (b) of this Section. If, however, the | 15 |
| administrative proceeding that is to be reviewed judicially is | 16 |
| a claim for refund proceeding commenced under this Act and | 17 |
| Section 2a of the State Officers and Employees Money | 18 |
| Disposition Act, the circuit court having jurisdiction over the | 19 |
| action for judicial review under this Section and under the | 20 |
| Administrative Review Law is the same court that entered the | 21 |
| temporary restraining order or preliminary injunction that is | 22 |
| provided for in that Section 2a, and that enables the claim | 23 |
| proceeding to be processed and disposed of as a claim for | 24 |
| refund proceeding other than as a claim for credit proceeding. | 25 |
| The provisions of the Administrative Review Law apply to | 26 |
| and govern all proceedings for the judicial review of final |
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| administrative decisions of the Department of Revenue under | 2 |
| this Section. The term "administrative decision" is defined as | 3 |
| in Section 3-101 of the Code of Civil Procedure. | 4 |
| Service of summons issued in any action to review a final | 5 |
| administrative decision upon the Director or Assistant | 6 |
| Director of Revenue shall be service upon the Department of | 7 |
| Revenue. The Department of Revenue shall certify the record of | 8 |
| its proceedings if the taxpayer pays to it the sum of $0.75 per | 9 |
| page of testimony taken before the Department of Revenue and | 10 |
| $0.25 per page of all other matters contained in the record, | 11 |
| except that these charges may be waived if the Department of | 12 |
| Revenue is satisfied that the aggrieved party cannot afford to | 13 |
| pay these charges. | 14 |
| (g) Any retailer who fails to collect the fee required | 15 |
| under subsection (b) is guilty of a petty offense as is subject | 16 |
| to a fine of $100. | 17 |
| Any retailer who fails to make a return or who makes a | 18 |
| fraudulent return or who willfully violates any rule or | 19 |
| regulation of the Department of Revenue for the administration | 20 |
| and enforcement of the fee imposed by this Section is guilty of | 21 |
| a Class 4 felony. | 22 |
| (h) For the purpose of this Section, "white good" has the | 23 |
| meaning set forth in Section 22.28.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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