Full Text of SB0773 94th General Assembly
SB0773 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0773
Introduced 2/18/2005, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 500/25-70 new |
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Creates the Cell Phone Recycling Act. Requires that every retailer selling cell phones in this State must have a system in place for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. Provides that these collection systems must at a minimum provide for: (i) the retailer to take-back, at no cost to the consumer, any used cell phone that the retailer sold to the consumer, (ii) the retailer to take-back any used cell phone from a consumer who is purchasing a new cell phone, at no cost to that consumer, (iii) some mechanism, at the time of delivery, for the return of a used cell phone if the retailer delivers a cell phone directly to a consumer in this State, and (iv) information about cell phone recycling opportunities provided by the retailer that encourages the consumer to take advantage of cell phone recycling. Makes it unlawful to sell a cell phone to a consumer in this State unless the retailer complies with the requirements of the Act. Requires the Environmental Protection Agency to post on its Web site the estimated number of phones recycled each year. Sets forth that providers of cell phone services to the State must certify, as a condition of any contract with the State, that they and their subsidiaries have complied with the requirements of the Cell Phone Recycling Act. Provides that the State may assess a variety of penalties against parties contracting with the State to provide cell phone services while not complying with this Act, including voiding these contracts and seeking certain damages. Amends the Illinois Procurement Code. Makes corresponding changes to the Code to indicate that certain bids must comply with the Cell Phone Recycling Act.
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A BILL FOR
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SB0773 |
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LRB094 10836 RSP 41337 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Cell | 5 |
| Phone Recycling Act. | 6 |
| Section 5. Purpose. The General Assembly finds and declares | 7 |
| the following: | 8 |
| (a) The purpose of this Act is to enact a comprehensive and
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| innovative system for the reuse, recycling, and proper and | 10 |
| legal
disposal of used cell phones. | 11 |
| (b) It is the further purpose of this Act to establish a | 12 |
| program that is convenient for consumers and the public
to | 13 |
| return, recycle, and ensure the safe and environmentally sound
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| disposal of used cell phones and provide a system that does not
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| charge when a cell phone is returned. | 16 |
| (c) It is the intent of the General Assembly that the cost | 17 |
| associated
with the handling, recycling, and disposal of used | 18 |
| cell phones be the
responsibility of the producers and | 19 |
| consumers of cell phones, and
not local government or their | 20 |
| service providers, State government, or
taxpayers. | 21 |
| (d) In order to reduce the likelihood of illegal disposal | 22 |
| of
hazardous materials, it is the intent of this Act to ensure | 23 |
| that
all costs associated with the proper management of used | 24 |
| cell phones
are internalized by the producers and consumers of | 25 |
| cell phones at or
before the point of purchase and not at the | 26 |
| point of discard. | 27 |
| (e) Manufacturers and retailers of cell phones and cell | 28 |
| phone
service providers, in working to achieve the goals and | 29 |
| objectives of
this Act, should have the flexibility to partner | 30 |
| with each other
and with those private and nonprofit business | 31 |
| enterprises that
currently provide collection and processing | 32 |
| services to develop and
promote a safe and effective used cell |
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LRB094 10836 RSP 41337 b |
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| phone recycling system for
Illinois. | 2 |
| (f) The producers of cell phones should reduce and, to the | 3 |
| extent
feasible, ultimately phase out the use of hazardous | 4 |
| materials in cell
phones. | 5 |
| (g) Cell phones, to the greatest extent feasible, should be
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| designed for extended life, repair, and reuse. | 7 |
| (h) The purpose of this Act is to provide for the safe, | 8 |
| cost
free, and convenient collection, reuse, and recycling of | 9 |
| 100%
of the used cell phones discarded or offered for recycling | 10 |
| in the
State. | 11 |
| (i) In establishing a cost effective system for the | 12 |
| recovery,
reuse, recycling, and proper disposal of used cell | 13 |
| phones, it is the
intent of the General Assembly to encourage | 14 |
| manufacturers, retailers, and
service providers to build on the | 15 |
| retailer take-back systems
initiated recently by some cell | 16 |
| phone service providers. | 17 |
| (j) An estimated 5% of obsolete cell phones are currently
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| being recycled through a mechanism whereby private sector | 19 |
| recyclers
provide retailers with a postage paid box for mailing | 20 |
| returned cell
phones to the recycler at no cost to the | 21 |
| retailers. In some
instances, the scrap value of these used | 22 |
| phones is sufficient for the
recycler to either pay the | 23 |
| retailer or make a financial contribution
on behalf of the | 24 |
| retailer to a nonprofit charity. It is the intent
of the | 25 |
| General Assembly that this model system be substantially | 26 |
| expanded
as a result of the enactment of this Act. | 27 |
| Section 10. Definitions. For the purposes of this Act, the | 28 |
| following terms have
the following meanings, unless the context | 29 |
| clearly requires
otherwise: | 30 |
| "Cell phone" means a wireless telephone device that is
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| designed to send or receive transmissions through a cellular
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| radiotelephone service, as defined in Section 22.99 of Title 47 | 33 |
| of
the Code of Federal Regulations. "Cell phone" includes the
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| rechargeable battery that may be connected to that cell phone. | 35 |
| "Cell phone" does not include a wireless telephone device that |
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LRB094 10836 RSP 41337 b |
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| is
integrated into the electrical architecture of a motor | 2 |
| vehicle. | 3 |
| "Consumer" means a purchaser or owner of a cell phone.
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| "Consumer" includes a business, corporation, limited
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| partnership, nonprofit organization, or governmental entity, | 6 |
| but does
not include an entity involved in a wholesale | 7 |
| transaction between a
distributor and retailer. | 8 |
| "Distributor" means a person who sells a cell phone to a | 9 |
| retailer.
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| "Retailer" means a person who conducts the sale of or sells | 11 |
| a cell phone in the State
to a consumer, including a | 12 |
| manufacturer of a cell phone who conducts the sale of or sells
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| that cell phone directly to a consumer. | 14 |
| "Sale" means a transfer for consideration of
title or of | 15 |
| the right to use, by lease or sales contract, including,
but | 16 |
| not limited to, transactions conducted through sales outlets,
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| catalogs, or the Internet, or any other similar electronic | 18 |
| means, but
does not include a wholesale transaction with a | 19 |
| distributor or a
retailer. | 20 |
| "Used cell phone" means a cell phone that has been | 21 |
| previously
used and is made available, by a consumer, for | 22 |
| reuse, recycling, or
proper disposal. | 23 |
| Section 15. Cell phone recycling. | 24 |
| (a) On and after July 1, 2006, every retailer who sells | 25 |
| cell
phones in this State must have a system in place for the
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| acceptance and collection of used cell phones for reuse, | 27 |
| recycling,
or proper disposal.
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| (b) A system for the acceptance and collection of used cell | 29 |
| phones
for reuse, recycling, or proper disposal must, at a | 30 |
| minimum,
provide for all of the following: | 31 |
| (1) The take-back from the consumer of a used cell | 32 |
| phone that the
retailer sold or previously sold to the | 33 |
| consumer, at no cost to that
consumer. The retailer may | 34 |
| require proof of purchase. | 35 |
| (2) The take-back of a used cell phone from a consumer |
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| who is
purchasing a new cell phone from that retailer, at | 2 |
| no cost to that
consumer. | 3 |
| (3) If the retailer delivers a cell phone directly to a | 4 |
| consumer
in this State, the system provides the consumer, | 5 |
| at the time of
delivery, with a mechanism for the return of | 6 |
| used cell phones for
reuse, recycling, or proper disposal, | 7 |
| at no cost to the consumer. | 8 |
| (4) Make information available to consumers about cell | 9 |
| phone
recycling opportunities provided by the retailer and | 10 |
| encourage
consumers to use those opportunities. This | 11 |
| information may
include, but is not limited to, one or more | 12 |
| of the following: | 13 |
| (i) Signage that is prominently displayed and | 14 |
| easily visible to
the consumer. | 15 |
| (ii) Written materials provided to the consumer at | 16 |
| the time of
purchase or delivery, or both. | 17 |
| (iii) Reference to the cell phone recycling | 18 |
| opportunity in retailer
advertising or other | 19 |
| promotional materials, or both. | 20 |
| (iv) Direct communications with the consumer at | 21 |
| the time of
purchase. | 22 |
| (c) Paragraph (4) of subdivision (b) does not apply to a | 23 |
| retailer
that only sells prepaid cell phones and does not | 24 |
| provide the ability
for a consumer to sign a contract for cell | 25 |
| phone service. | 26 |
| Section 20. Prohibited acts; enforcement. On and after July | 27 |
| 1, 2006, it is unlawful to sell a cell
phone to a consumer in | 28 |
| this State unless the retailer of that cell
phone complies with | 29 |
| the provisions of this Act. The Illinois Commerce Commission | 30 |
| shall have the power to enforce the provisions of this Act and | 31 |
| to bring enforcement actions in the name of the People of the | 32 |
| State of Illinois in the circuit court in and for the county in | 33 |
| which the violation of the Act, or some part thereof, arose, or | 34 |
| in which the corporation complained of, if any, has its | 35 |
| principal place of business, or in which the person, if any, |
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| complained of resides. Any fines or penalties recovered by the | 2 |
| State in an enforcement action under this Act shall be paid | 3 |
| into the State Treasury for the benefit of the general fund. A | 4 |
| violation of this Act is a business offense punishable by a | 5 |
| fine of $1001.
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| Section 25. Statewide recycling goals. On July 1, 2007, and | 7 |
| each July 1 thereafter, the
Illinois Environmental Protection | 8 |
| Agency shall post on its Web site an estimated Illinois
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| recycling rate for cell phones, the numerator of which shall be | 10 |
| the
estimated number of cell phones returned for recycling in | 11 |
| Illinois
during the previous calendar year, and the denominator | 12 |
| of which is
the number of cell phones estimated to be sold in | 13 |
| this State during
the previous calendar year.
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| Section 30. State agency procurement. | 15 |
| (a) A State agency or department that purchases or leases | 16 |
| cell phones
shall require each prospective bidder, to certify | 17 |
| that it, and its
agents, subsidiaries, partners, joint | 18 |
| venturers, and subcontractors
for the procurement, have | 19 |
| complied with this Act and any
rules adopted pursuant to this | 20 |
| Act, or to demonstrate that
this Act is inapplicable to all | 21 |
| lines of business engaged in by
the bidder, its agents, | 22 |
| subsidiaries, partners, joint venturers, or
subcontractors. | 23 |
| (b) Failure to provide certification pursuant to this | 24 |
| Section
shall render the prospective bidder and its agents, | 25 |
| subsidiaries,
partners, joint venturers, and subcontractors | 26 |
| ineligible to bid on
the procurement of cell phones. | 27 |
| (c) The bid solicitation documents shall specify that the
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| prospective bidder is required to cooperate fully in providing
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| reasonable access to its records and documents that evidence
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| compliance with this Act. | 31 |
| (d) Any person awarded a contract by a State agency that is | 32 |
| found
to be in violation of this Section is subject to the | 33 |
| following
sanctions: | 34 |
| (1) The contract shall be voided by the State agency to |
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| which the
equipment, materials, or supplies were provided. | 2 |
| (2) The contractor is ineligible to bid on any State | 3 |
| contract for
a period of 3 years. | 4 |
| (3) If the Attorney General establishes in the name of | 5 |
| the people
of the State of Illinois that any money, | 6 |
| property, or benefit was
obtained by a contractor as a | 7 |
| result of violating this Section, the
court may, in | 8 |
| addition to any other remedy, order the disgorgement of
the | 9 |
| unlawfully obtained money, property, or benefit in the | 10 |
| interest
of justice.
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| Section 35. Effect of the Act; severability. This Act shall | 12 |
| not be construed to affect any other Act, regulation, or | 13 |
| obligation relating to
cell phones or used cell phones.
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| The provisions of this Act are severable. If any
provision | 15 |
| of this Act or its application is held invalid, that
invalidity | 16 |
| shall not affect other provisions or applications that can
be | 17 |
| given effect without the invalid provision or application.
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| Section 40. The Illinois Procurement Code is amended by | 19 |
| adding Section 25-70 as follows: | 20 |
| (30 ILCS 500/25-70 new)
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| Sec. 25-70. Cell phone contracts. In addition to the | 22 |
| provisions of this Code, bids on all contracts involving the | 23 |
| purchase or lease of cell phones or cell phone services or | 24 |
| relating to cell phones are subject to the provisions contained | 25 |
| in the Cell Phone Recycling Act and the penalties contained in | 26 |
| Section 30 of that Act.
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