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Full Text of HB1261  97th General Assembly

HB1261sam002 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/1/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1261

2    AMENDMENT NO. ______. Amend House Bill 1261 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mercury-added Product Prohibition Act is
5amended by changing Sections 10 and 27 as follows:
 
6    (410 ILCS 46/10)
7    Sec. 10. Definitions. For the purposes of this Act, the
8words and terms defined in this Section shall have the meaning
9given, unless the context otherwise clearly requires.
10    "Agency" means the Illinois Environmental Protection
11Agency.
12    "Mercury fever thermometer" means any device containing
13liquid mercury wherein the liquid mercury is used to measure
14the internal body temperature of a person.
15    "Mercury-added novelty" means a mercury-added product
16intended for personal or household enjoyment, including but not

 

 

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1limited to: toys, figurines, adornments, games, cards,
2ornaments, yard statues and figurines, candles, jewelry,
3holiday decorations, and footwear and other items of apparel.
4    "Mercury-added product" means a product to which mercury is
5added intentionally during formulation of manufacture, or a
6product containing one or more components to which mercury is
7intentionally added during formulation or manufacture.
8    "Health care facility" means any hospital, nursing home,
9extended care facility, long-term facility, clinic or medical
10laboratory, State or private health or mental institution,
11clinic, physician's office, or health maintenance
12organization.
13    "Hospital" means any institution, place, building, or
14agency, public or private, whether organized for profit or not,
15devoted primarily to the maintenance and operation of
16facilities for the diagnosis and treatment or care of 2 or more
17unrelated persons admitted for overnight stay or longer in
18order to obtain medical, including obstetric, psychiatric, and
19nursing, care of illness, disease, injury, infirmity, or
20deformity.
21    "Person" means any individual, partnership,
22co-partnership, firm, company, limited liability company,
23corporation, association, joint stock company, trust, estate,
24political subdivision, State agency, or non-profit
25organization, or any other legal entity.
26    "Zinc air button cell battery" means a battery that

 

 

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1resembles a button in size and shape with a zinc anode, an
2alkaline electrolyte, and a cathode that is capable of
3catalyzing oxygen when present.
4(Source: P.A. 95-87, eff. 8-13-07.)
 
5    (410 ILCS 46/27)
6    (Text of Section before amendment by P.A. 97-459)
7    Sec. 27. Sale and distribution of certain mercury-added
8products prohibited.
9    (a) No On and after July 1, 2008, no person shall sell,
10offer to sell, or distribute the following mercury-added
11products in this State:
12        (1) barometers;
13        (2) esophageal dilators, bougie tubes, or
14    gastrointestinal tubes;
15        (3) flow meters;
16        (4) hydrometers;
17        (5) hygrometers;
18        (6) manometers;
19        (7) pyrometers;
20        (8) sphygmomanometers;
21        (9) thermometers; or
22        (10) psychrometers; or .
23        (15) zinc air button cell batteries.
24    (b) This Section does not apply to the sale of a
25mercury-added product listed in paragraphs (1) through (15)

 

 

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1(10) of subsection (a) if use of the product is a federal
2requirement or if the only mercury-added component in the
3product is a button cell battery, other than a zinc air button
4cell battery.
5    (c) This Section does not apply to the sale of a
6mercury-added product listed in paragraphs (1) through (15)
7(10) of subsection (a) for which an exemption is obtained under
8this subsection (c). The manufacturer of the product may apply
9for an exemption for one or more uses of the product by filing
10a written petition with the Agency. The Agency may grant an
11exemption, with or without conditions, if the manufacturer
12demonstrates the following:
13        (1) a system exists for the proper collection,
14    transportation, and processing of the product at the end of
15    its useful life; and
16        (2) one of the following applies:
17            (i) use of the product provides a net benefit to
18        the environment, public health, or public safety when
19        compared to available nonmercury alternatives; or
20            (ii) technically feasible nonmercury alternatives
21        are not available at comparable cost.
22    Prior to approving an exemption, the Agency may consult
23with other states to promote consistency in the regulation of
24the product for which the exemption is requested. The Agency
25may also publish notice of its receipt of petitions for
26exemptions on its website and consider public comments

 

 

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1submitted in response to the petitions. Exemptions shall be
2granted for a term of 5 years and may be renewed for additional
35-year terms upon written application by the manufacturer if
4the manufacturer demonstrates that the criteria of this
5subsection (c) and the conditions of the product's original
6exemption approval continue to be met. All petitions for
7exemptions and exemption renewals shall be submitted on forms
8prescribed by the Agency.
9(Source: P.A. 95-87, eff. 8-13-07.)
 
10    (Text of Section after amendment by P.A. 97-459)
11    Sec. 27. Sale and distribution of certain mercury-added
12products prohibited.
13    (a) No On and after July 1, 2008, no person shall sell,
14offer to sell, or distribute the following mercury-added
15products in this State:
16        (1) barometers;
17        (2) esophageal dilators, bougie tubes, or
18    gastrointestinal tubes;
19        (3) flow meters;
20        (4) hydrometers;
21        (5) hygrometers;
22        (6) manometers;
23        (7) pyrometers;
24        (8) sphygmomanometers;
25        (9) thermometers;

 

 

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1        (10) psychrometers;
2        (11) pressure transducers;
3        (12) rings;
4        (13) seals; or
5        (14) sensors; or .
6        (15) zinc air button cell batteries.
7    (b) This Section does not apply to the sale of a
8mercury-added product listed in paragraphs (1) through (15)
9(14) of subsection (a) if use of the product is a federal
10requirement or if the only mercury-added component in the
11product is a button cell battery, other than a zinc air button
12cell battery.
13    (c) This Section does not apply to the sale of a
14mercury-added product listed in paragraphs (1) through (15)
15(14) of subsection (a) for which an exemption is obtained under
16this subsection (c). The manufacturer of the product may apply
17for an exemption for one or more uses of the product by filing
18a written petition with the Agency. The Agency may grant an
19exemption, with or without conditions, if the manufacturer
20demonstrates the following:
21        (1) a system exists for the proper collection,
22    transportation, and processing of the product at the end of
23    its useful life; and
24        (2) one of the following applies:
25            (i) use of the product provides a net benefit to
26        the environment, public health, or public safety when

 

 

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1        compared to available nonmercury alternatives; or
2            (ii) technically feasible nonmercury alternatives
3        are not available at comparable cost.
4    Before approving an exemption, the Agency may consult with
5other states to promote consistency in the regulation of the
6product for which the exemption is requested. The Agency may
7also publish notice of its receipt of petitions for exemptions
8on its website and consider public comments submitted in
9response to the petitions. Exemptions shall be granted for a
10term of 5 years and may be renewed for additional 5-year terms
11upon written application by the manufacturer if the
12manufacturer demonstrates that the criteria of this subsection
13(c) and the conditions of the product's original exemption
14approval continue to be met. All petitions for exemptions and
15exemption renewals shall be submitted on forms prescribed by
16the Agency.
17(Source: P.A. 97-459, eff. 7-1-12.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22013.".