Bill Amendment: IL HB5920 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTRONICS RECYCLING-TABLET
Status: 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5920 Detail]
Download: Illinois-2015-HB5920-House_Amendment_001.html
Bill Title: ELECTRONICS RECYCLING-TABLET
Status: 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5920 Detail]
Download: Illinois-2015-HB5920-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5920
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2 | AMENDMENT NO. ______. Amend House Bill 5920 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Electronic Products Recycling and Reuse Act | ||||||
5 | is amended by changing Section 10 as follows:
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6 | (415 ILCS 150/10)
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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.
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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.
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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.
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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.
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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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