Illinois General Assembly - Full Text of HB5373
Illinois General Assembly

Previous General Assemblies

Full Text of HB5373  97th General Assembly


Rep. Karen May

Filed: 2/28/2012





09700HB5373ham001LRB097 17836 JDS 66579 a


2    AMENDMENT NO. ______. Amend House Bill 5373 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Thermal Receipt Paper Act.
6    Section 5. Purpose. The purpose of this Act is to prohibit
7the sale, distribution, and use of thermal receipt paper
8containing bisphenol-A for commercial transactions.
9    Section 10. Definitions. As used in this Act, unless the
10context otherwise clearly requires:
11    "Agency" means the Illinois Environmental Protection
13    "Paper distributor" means a person who sells paper on a
14wholesale basis.
15    "Paper manufacturer" means the person who manufactured a



09700HB5373ham001- 2 -LRB097 17836 JDS 66579 a

1final paper product. In the case of a paper product that was
2imported into the United States, "manufacturer" includes the
3importer or domestic distributor of the paper product if the
4person who manufactured the paper product does not have a
5presence in the United States.
6    "Person" means any individual, partnership,
7co-partnership, firm, company, limited liability company,
8corporation, association, joint stock company, trust, estate,
9political subdivision, state agency, or any other legal entity,
10or their legal representative, agent, or assigns.
11    "Thermal receipt paper" means any paper that is used to
12issue a mechanically produced record of a commercial
13transaction, including, but not limited to, cash register
14receipts and other records of receipts, credits, withdrawals,
15deposits, or credit or debit card transactions.
16    Section 15. Prohibitions.
17    (a) Beginning January 1, 2015:
18        (1) no paper manufacturer or paper distributor shall
19    sell, offer for sale, distribute, or offer to distribute in
20    this State any thermal receipt paper that contains
21    bisphenol-A; and
22        (2) no person shall use in this State thermal receipt
23    paper that contains bisphenol-A.
24    (b) Before January 1, 2014, thermal receipt paper
25manufacturers, distributers, or users may, in consultation



09700HB5373ham001- 3 -LRB097 17836 JDS 66579 a

1with the Agency, recommend to the General Assembly a delay in
2the prohibitions set forth in subsection (a) of this Section if
3no safer substitutes for bisphenol-A in thermal receipt paper,
4as identified by the United States Environmental Protection
5Agency's BPA Alternatives in Thermal Paper Partnership
6project, will be commercially available by January 1, 2015.
7    Section 20. Informational outreach.
8    (a) Beginning January 1, 2013, the Agency shall maintain on
9its website information regarding best practices for the
10recycling and disposal of thermal receipt paper so as to
11minimize exposure to bisphenol-A.
12    (b) Unless the prohibitions set forth in Section 10 of this
13Act are delayed, the Agency shall conduct outreach, in
14collaboration with business trade associations and other
15appropriate State agencies, to educate paper manufacturers,
16retailers, banks, and other commercial entities about the
18    Section 25. Penalties.
19    (a) Any paper manufacturer or paper distributor that
20violates subdivision (a)(1) of Section 15 of this Act shall be
21liable for a civil penalty not to exceed $2,500 for the first
22violation and not to exceed $5,000 for a second or subsequent
24    (b) Any person that violates subdivision (a)(2) of Section



09700HB5373ham001- 4 -LRB097 17836 JDS 66579 a

115 of this Act shall be liable for a civil penalty not to
2exceed $250 for the first violation and not to exceed $500 for
3a second or subsequent violation.
4    (c) The penalties provided in this Section may be recovered
5in a civil action brought in the name of the people of the
6State of Illinois by the State's Attorney of the county in
7which the violation occurred or by the Attorney General.
8Without limiting any other authority that may exist for the
9awarding of attorney's fees and costs, a court of competent
10jurisdiction may award costs and reasonable attorney's fees,
11including the reasonable costs of expert witnesses and
12consultants, to the State's Attorney or the Attorney General in
13a case if he or she has prevailed against a person who has
14committed a willful, knowing, or repeated violation of this
15Act. Any funds collected under this Section in an action in
16which the Attorney General has prevailed shall be deposited in
17the Environmental Protection Trust Fund, to be used in
18accordance with the provisions of the Environmental Protection
19Trust Fund Act. Any funds collected under this Section in an
20action in which a State's Attorney has prevailed shall be
21retained by the county in which he or she serves.
22    (d) The State's Attorney of the county in which the
23violation occurred or the Attorney General may, at the request
24of the Agency or on his or her own motion, institute a civil
25action for an injunction, prohibitory or mandatory, to restrain
26violations of this Act or to require such other actions as may



09700HB5373ham001- 5 -LRB097 17836 JDS 66579 a

1be necessary to address violations of this Act.
2    (e) The penalties and injunctions provided in this Act are
3in addition to any penalties, injunctions, or other relief
4provided under any other law. Nothing in this Act shall bar a
5cause of action by the State for any other penalty, injunction,
6or relief provided by any other law.".