Full Text of HB5373 97th General Assembly
HB5373ham001 97TH GENERAL ASSEMBLY | Rep. Karen May Filed: 2/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5373
| 2 | | AMENDMENT NO. ______. Amend House Bill 5373 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Thermal Receipt Paper Act. | 6 | | Section 5. Purpose. The purpose of this Act is to prohibit | 7 | | the sale, distribution, and use of thermal receipt paper | 8 | | containing bisphenol-A for commercial transactions. | 9 | | Section 10. Definitions. As used in this Act, unless the | 10 | | context otherwise clearly requires: | 11 | | "Agency" means the Illinois Environmental Protection | 12 | | Agency. | 13 | | "Paper distributor" means a person who sells paper on a | 14 | | wholesale basis. | 15 | | "Paper manufacturer" means the person who manufactured a |
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| 1 | | final paper product. In the case of a paper product that was | 2 | | imported into the United States, "manufacturer" includes the | 3 | | importer or domestic distributor of the paper product if the | 4 | | person who manufactured the paper product does not have a | 5 | | presence in the United States. | 6 | | "Person" means any individual, partnership, | 7 | | co-partnership, firm, company, limited liability company, | 8 | | corporation, association, joint stock company, trust, estate, | 9 | | political subdivision, state agency, or any other legal entity, | 10 | | or their legal representative, agent, or assigns. | 11 | | "Thermal receipt paper" means any paper that is used to | 12 | | issue a mechanically produced record of a commercial | 13 | | transaction, including, but not limited to, cash register | 14 | | receipts and other records of receipts, credits, withdrawals, | 15 | | deposits, 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 | 25 | | manufacturers, distributers, or users may, in consultation |
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| 1 | | with the Agency, recommend to the General Assembly a delay in | 2 | | the prohibitions set forth in subsection (a) of this Section if | 3 | | no safer substitutes for bisphenol-A in thermal receipt paper, | 4 | | as identified by the United States Environmental Protection | 5 | | Agency's BPA Alternatives in Thermal Paper Partnership | 6 | | project, will be commercially available by January 1, 2015. | 7 | | Section 20. Informational outreach. | 8 | | (a) Beginning January 1, 2013, the Agency shall maintain on | 9 | | its website information regarding best practices for the | 10 | | recycling and disposal of thermal receipt paper so as to | 11 | | minimize exposure to bisphenol-A. | 12 | | (b) Unless the prohibitions set forth in Section 10 of this | 13 | | Act are delayed, the Agency shall conduct outreach, in | 14 | | collaboration with business trade associations and other | 15 | | appropriate State agencies, to educate paper manufacturers, | 16 | | retailers, banks, and other commercial entities about the | 17 | | prohibitions. | 18 | | Section 25. Penalties. | 19 | | (a) Any paper manufacturer or paper distributor that | 20 | | violates subdivision (a)(1) of Section 15 of this Act shall be | 21 | | liable for a civil penalty not to exceed $2,500 for the first | 22 | | violation and not to exceed $5,000 for a second or subsequent | 23 | | violation. | 24 | | (b) Any person that violates subdivision (a)(2) of Section |
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| 1 | | 15 of this Act shall be liable for a civil penalty not to | 2 | | exceed $250 for the first violation and not to exceed $500 for | 3 | | a second or subsequent violation. | 4 | | (c) The penalties provided in this Section may be recovered | 5 | | in a civil action brought in the name of the people of the | 6 | | State of Illinois by the State's Attorney of the county in | 7 | | which the violation occurred or by the Attorney General. | 8 | | Without limiting any other authority that may exist for the | 9 | | awarding of attorney's fees and costs, a court of competent | 10 | | jurisdiction may award costs and reasonable attorney's fees, | 11 | | including the reasonable costs of expert witnesses and | 12 | | consultants, to the State's Attorney or the Attorney General in | 13 | | a case if he or she has prevailed against a person who has | 14 | | committed a willful, knowing, or repeated violation of this | 15 | | Act. Any funds collected under this Section in an action in | 16 | | which the Attorney General has prevailed shall be deposited in | 17 | | the Environmental Protection Trust Fund, to be used in | 18 | | accordance with the provisions of the Environmental Protection | 19 | | Trust Fund Act. Any funds collected under this Section in an | 20 | | action in which a State's Attorney has prevailed shall be | 21 | | retained by the county in which he or she serves. | 22 | | (d) The State's Attorney of the county in which the | 23 | | violation occurred or the Attorney General may, at the request | 24 | | of the Agency or on his or her own motion, institute a civil | 25 | | action for an injunction, prohibitory or mandatory, to restrain | 26 | | violations of this Act or to require such other actions as may |
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| 1 | | be necessary to address violations of this Act. | 2 | | (e) The penalties and injunctions provided in this Act are | 3 | | in addition to any penalties, injunctions, or other relief | 4 | | provided under any other law. Nothing in this Act shall bar a | 5 | | cause of action by the State for any other penalty, injunction, | 6 | | or relief provided by any other law.".
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