Full Text of HB5920 99th General Assembly
HB5920ham001 99TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 3/29/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5920
| 2 | | AMENDMENT NO. ______. Amend House Bill 5920 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Electronic Products Recycling and Reuse Act | 5 | | is 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 | 10 | | to convert an electronic signal into a visual image, such as a | 11 | | television or computer monitor. | 12 | | "Collector" means a person who receives covered electronic | 13 | | devices or eligible electronic devices directly from a | 14 | | residence for recycling or processing for reuse. "Collector" | 15 | | includes, but is not limited to, manufacturers, recyclers, and | 16 | | refurbishers who receive CEDs or EEDs directly from the public. |
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| 1 | | "Computer", often referred to as a "personal computer" , or | 2 | | "PC", or "tablet", means a desktop or notebook computer as | 3 | | further defined below and used only in a residence, but does | 4 | | not mean an automated typewriter, electronic printer, mobile | 5 | | telephone, portable hand-held calculator, portable digital | 6 | | assistant (PDA), MP3 player, or other similar device. | 7 | | "Computer" does not include computer peripherals, commonly | 8 | | known as cables, mouse, or keyboard. "Computer" is further | 9 | | defined as either: | 10 | | (1) "Desktop computer", which means an electronic, | 11 | | magnetic, optical, electrochemical, or other high-speed | 12 | | data processing device performing logical, arithmetic, or | 13 | | storage functions for general purpose needs that are met | 14 | | through interaction with a number of software programs | 15 | | contained therein, and that is not designed to exclusively | 16 | | perform a specific type of logical, arithmetic, or storage | 17 | | function or other limited or specialized application. | 18 | | Human interface with a desktop computer is achieved through | 19 | | a stand-alone keyboard, stand-alone monitor, or other | 20 | | display unit, and a stand-alone mouse or other pointing | 21 | | device, and is designed for a single user. A desktop | 22 | | computer has a main unit that is intended to be | 23 | | persistently located in a single location, often on a desk | 24 | | or on the floor. A desktop computer is not designed for | 25 | | portability and generally utilizes an external monitor, | 26 | | keyboard, and mouse with an external or internal power |
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| 1 | | supply for a power source. Desktop computer does not | 2 | | include an automated typewriter or typesetter; or | 3 | | (2) "Notebook 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 notebook computer is achieved | 12 | | through a keyboard, video display greater than 4 inches in | 13 | | size, and mouse or other pointing device, all of which are | 14 | | contained within the construction of the unit that | 15 | | comprises the notebook computer; supplemental stand-alone | 16 | | interface devices typically can also be attached to the | 17 | | notebook computer. Notebook computers can use external, | 18 | | internal, or batteries for a power source. Notebook | 19 | | computer does not include a portable hand-held calculator, | 20 | | or a portable digital assistant or similar specialized | 21 | | device. A notebook computer has an incorporated video | 22 | | display greater than 4 inches in size and can be carried as | 23 | | one unit by an individual. A notebook computer is sometimes | 24 | | referred to as a laptop computer.
| 25 | | (3) "Tablet computer", which means an electronic, | 26 | | magnetic, optical, electrochemical, or other high-speed |
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| 1 | | data processing device performing logical, arithmetic, or | 2 | | storage functions for general purpose needs that are met | 3 | | through interaction with a number of software programs | 4 | | contained therein, and that is not designed to exclusively | 5 | | perform a specific type of logical, arithmetic, or storage | 6 | | function or other limited or specialized application. | 7 | | Human interface with a tablet computer is achieved through | 8 | | a touch-screen and video display screen greater than 4 6 | 9 | | inches in size (all of which are contained within the unit | 10 | | that comprises the tablet computer). Tablet computers may | 11 | | use an external or internal power source. "Tablet computer" | 12 | | does not include a portable hand-held calculator, a | 13 | | portable digital assistant, or a similar specialized | 14 | | device. | 15 | | "Computer monitor" means an electronic device that is a | 16 | | cathode-ray tube or flat panel display primarily intended to | 17 | | display information from a computer and is used only in a | 18 | | residence. | 19 | | "Covered electronic device" or "CED" means any computer, | 20 | | computer monitor, television, printer, electronic keyboard, | 21 | | facsimile machine, videocassette recorder, portable digital | 22 | | music player that has memory capability and is battery powered, | 23 | | digital video disc player, video game console, electronic | 24 | | mouse, scanner, digital converter box, cable receiver, | 25 | | satellite receiver, digital video disc recorder, or | 26 | | small-scale server sold at retail and taken out of service from |
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| 1 | | a residence in this State. "Covered electronic device" does not | 2 | | include any of the following: | 3 | | (1) an electronic device that is a part of a motor | 4 | | vehicle or any component part of a motor vehicle assembled | 5 | | by or for a vehicle manufacturer or franchised dealer, | 6 | | including replacement parts for use in a motor vehicle; | 7 | | (2) an electronic device that is functionally or | 8 | | physically part of a larger piece of equipment or that is | 9 | | taken out of service from an industrial, commercial | 10 | | (including retail), library checkout, traffic control, | 11 | | kiosk, security (other than household security), | 12 | | governmental, agricultural, or medical setting, including | 13 | | but not limited to diagnostic, monitoring, or control | 14 | | equipment; or | 15 | | (3) an electronic device that is contained within a | 16 | | clothes washer, clothes dryer, refrigerator, refrigerator | 17 | | and freezer, microwave oven, conventional oven or range, | 18 | | dishwasher, room air conditioner, dehumidifier, water | 19 | | pump, sump pump, or air purifier. | 20 | | To the extent allowed under federal and State laws and | 21 | | regulations, a CED that is being collected, recycled, or | 22 | | processed for reuse is not considered to be hazardous waste, | 23 | | household waste, solid waste, or special waste. | 24 | | "Developmentally disabled", as defined by the Illinois | 25 | | Department of Human Services, Division of Developmental | 26 | | Disabilities Program Manual, means having mental retardation |
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| 1 | | or a related condition. For the purposes of this Act: | 2 | | (1) "Mental retardation" means significantly | 3 | | subaverage general intellectual functioning as well as | 4 | | deficits in adaptive behavior that manifested before age | 5 | | 18. A person's general intellectual functioning is | 6 | | significantly subaverage if that person has an | 7 | | intelligence quotient (IQ) of 70 or below on standardized | 8 | | measures of intelligence. This upper limit, however, may be | 9 | | extended upward depending on the reliability of the | 10 | | intelligence test used. | 11 | | (2) "Related condition" means a severe, chronic | 12 | | disability that (i) is attributable to cerebral palsy, | 13 | | epilepsy, or any other condition, other than mental | 14 | | illness, (ii) is found to be closely related to mental | 15 | | retardation because the condition results in impairment of | 16 | | general intellectual functioning or adaptive behavior | 17 | | similar to that of a person with mental retardation, and | 18 | | (iii) requires treatment or services similar to those | 19 | | required for persons with mental retardation.
| 20 | | "Dismantling" means the demanufacturing and shredding of a | 21 | | CED. | 22 | | "Eligible electronic device" or "EED" means any of the | 23 | | following electronic products sold at retail and taken out of | 24 | | service from a residence in this State: mobile telephone; | 25 | | computer cable; portable digital assistant (PDA); or zip drive. | 26 | | To the extent allowed under federal and state laws and |
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| 1 | | regulations, an EED that is being collected, recycled, or | 2 | | processed for reuse is not considered to be hazardous waste, | 3 | | household waste, solid waste, or special waste. | 4 | | "Low income children and families" mean those children and | 5 | | families that are subject to the most recent version of the | 6 | | United States Department of Health and Human Services Federal | 7 | | Poverty Guidelines. | 8 | | "Manufacturer" means a person, or a successor in interest | 9 | | to a person, under whose brand or label a computer, computer | 10 | | monitor, television, printer, electronic keyboard, facsimile | 11 | | machine, videocassette recorder, portable digital music | 12 | | player, digital video disc player, video game console, | 13 | | electronic mouse, scanner, digital converter box, cable | 14 | | receiver, satellite receiver, digital video disc recorder, or | 15 | | small-scale server is or was sold at retail. For any of the | 16 | | aforementioned electronic devices sold at retail under a brand | 17 | | or label that is licensed from a person who is a mere brand | 18 | | owner and who does not sell or produce any of the | 19 | | aforementioned electronic devices, the person who produced the | 20 | | device or his or her successor in interest is the manufacturer. | 21 | | For any of the aforementioned electronic devices sold at retail | 22 | | under the brand or label of both the retail seller and the | 23 | | person that produced the device, the person that produced the | 24 | | device, or his or her successor in interest, is the | 25 | | manufacturer. A retail seller of any of the aforementioned | 26 | | electronic devices may elect to be the manufacturer of one or |
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| 1 | | more of the aforementioned electronic devices if the retail | 2 | | seller provides written notice to the Agency that it is | 3 | | accepting responsibility as the manufacturer of the device | 4 | | under this Act and identifies any of the aforementioned | 5 | | electronic devices for which it is electing to be the | 6 | | manufacturer. | 7 | | "Mobile telephone" means a cell phone or smart phone. | 8 | | (1) "Cell phone" means a wireless device with the | 9 | | primary function of making or receiving calls without a | 10 | | physical connection to a network. A cell phone is sometimes | 11 | | referred to as a mobile telephone. | 12 | | (2) "Smart phone" means a cell phone with a mobile | 13 | | operating system capable of running downloaded | 14 | | applications. Human interface with a smart phone is | 15 | | achieved through a touchscreen video display and | 16 | | supplemental stand-alone interface devices, such as a | 17 | | Bluetooth keyboard. | 18 | | "Municipal joint action agency" means a municipal joint | 19 | | action agency created under Section 3.2 of the | 20 | | Intergovernmental Cooperation Act.
| 21 | | "Orphan CEDs" means those CEDs that are returned for | 22 | | recycling, or processing for reuse, whose manufacturer cannot | 23 | | be identified, or whose manufacturer is no longer conducting | 24 | | business and has no successor in interest. | 25 | | "Person" means any individual, partnership, | 26 | | co-partnership, firm, company, limited liability company, |
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| 1 | | corporation, association, joint stock company, trust, estate, | 2 | | political subdivision, State agency, or any other legal entity, | 3 | | or a legal representative, agent, or assign of that entity. | 4 | | "Printer" means desktop printers, multifunction printer | 5 | | copiers, and printer/fax combinations taken out of service from | 6 | | a residence that are designed to reside on a work surface, and | 7 | | include various print technologies, including without | 8 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 9 | | thermal, and digital sublimation, and "multi-function" or | 10 | | "all-in-one" devices that perform different tasks, including | 11 | | without limitation copying, scanning, faxing, and printing. | 12 | | Printers do not include floor-standing printers, printers with | 13 | | optional floor stand, point of sale (POS) receipt printers, | 14 | | household printers such as a calculator with printing | 15 | | capabilities or label makers, or non-stand-alone printers that | 16 | | are embedded into products that are not CEDs. | 17 | | "Processing for reuse" means any method, technique, or | 18 | | process by which CEDs or EEDs that would otherwise be disposed | 19 | | of or discarded are instead separated, processed, and returned | 20 | | to their original intended purposes or to other useful purposes | 21 | | as electronic devices. "Processing for reuse" includes the | 22 | | collection and transportation of CEDs or EEDs. | 23 | | "Program Year" means a calendar year. The first program | 24 | | year is 2010. | 25 | | "Recycler" means a person who engages in the recycling of | 26 | | CEDs or EEDs, but does not include telecommunications carriers, |
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| 1 | | telecommunications manufacturers, or commercial mobile service | 2 | | providers with an existing recycling program. | 3 | | "Recycling" means any method, technique, or process by | 4 | | which CEDs or EEDs that would otherwise be disposed of or | 5 | | discarded are instead collected, separated, or processed and | 6 | | are returned to the economic mainstream in the form of raw | 7 | | materials or products. "Recycling" includes the collection, | 8 | | transportation, dismantling, and shredding of the CEDs or EEDs. | 9 | | "Recycling coordinator" means the person designated by | 10 | | each county waste management plan to administer the county | 11 | | recycling program, as set forth in the Solid Waste Management | 12 | | Act. | 13 | | "Refurbisher" means any person who processes CEDs or EEDs | 14 | | for reuse, but does not include telecommunications carriers, | 15 | | telecommunications manufacturers, or commercial mobile service | 16 | | providers with an existing recycling program. | 17 | | "Residence" means a dwelling place or home in which one or | 18 | | more individuals live. | 19 | | "Retailer" means a person who sells, rents, or leases, | 20 | | through sales outlets, catalogues, or the Internet, computers, | 21 | | computer monitors, printers, televisions, electronic | 22 | | keyboards, facsimile machines, videocassette recorders, | 23 | | portable digital music players, digital video disc players, | 24 | | video game consoles, electronic mice, scanners, digital | 25 | | converter boxes, cable receivers, satellite receivers, digital | 26 | | video disc recorders, or small-scale servers at retail to |
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| 1 | | individuals in this State. For purposes of this Act, sales to | 2 | | individuals at retail are considered to be sales for | 3 | | residential use. "Retailer" includes, but is not limited to, | 4 | | manufacturers who sell computers, computer monitors, printers, | 5 | | televisions, electronic keyboards, facsimile machines, | 6 | | videocassette recorders, portable digital music players, | 7 | | digital video disc players, video game consoles, electronic | 8 | | mice, scanners, digital converter boxes, cable receivers, | 9 | | satellite receivers, digital video disc recorders, or | 10 | | small-scale servers at retail directly to individuals in this | 11 | | State. | 12 | | "Sale" means any retail transfer of title for consideration | 13 | | of title including, but not limited to, transactions conducted | 14 | | through sales outlets, catalogs, or the Internet or any other | 15 | | similar electronic means but does not mean financing or | 16 | | leasing. | 17 | | "Small-scale server" means a computer that typically uses | 18 | | desktop components in a desktop form designed primarily to | 19 | | serve as a storage host for other computers. To be considered a | 20 | | small-scale server, a computer must: be designed in a pedestal, | 21 | | tower, or other form that is similar to that of a desktop | 22 | | computer so that all data processing, storage, and network | 23 | | interfacing is contained within one box or product; be designed | 24 | | to be operational 24 hours per day and 7 days per week; have | 25 | | very little unscheduled downtime (on the order of hours per | 26 | | year); be capable of operating in a simultaneous multi-user |
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| 1 | | environment serving several users through networked client | 2 | | units; and be designed for an industry accepted operating | 3 | | system for home or low-end server applications. | 4 | | "Television" means an electronic device (i) containing a | 5 | | cathode-ray tube or flat panel screen the size of which is | 6 | | greater than 4 inches when measured diagonally, (ii) that is | 7 | | intended to receive video programming via broadcast, cable, or | 8 | | satellite transmission or to receive video from surveillance or | 9 | | other similar cameras, and (iii) that is used only in a | 10 | | residence.
| 11 | | "Underserved counties" means those counties so identified | 12 | | in Section 60. | 13 | | (Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)".
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