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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mercury-added Product Prohibition Act is | 5 | | amended by changing Sections 10 and 27 as follows:
| 6 | | (410 ILCS 46/10)
| 7 | | Sec. 10. Definitions. For the purposes of this Act, the | 8 | | words and terms
defined in this Section shall have the meaning | 9 | | given, unless the context
otherwise clearly requires.
| 10 | | "Agency" means the Illinois Environmental Protection | 11 | | Agency.
| 12 | | "Mercury fever thermometer" means any device containing | 13 | | liquid mercury
wherein the liquid
mercury is used to measure | 14 | | the internal body temperature of a person.
| 15 | | "Mercury-added novelty" means a mercury-added product | 16 | | intended for personal
or household enjoyment, including but not |
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| 1 | | limited to: toys, figurines,
adornments, games, cards, | 2 | | ornaments, yard statues and figurines, candles,
jewelry, | 3 | | holiday decorations, and footwear and other items of apparel.
| 4 | | "Mercury-added product" means a product to which mercury is | 5 | | added intentionally during formulation of manufacture, or a | 6 | | product containing one or more components to which mercury is | 7 | | intentionally added during formulation or manufacture.
| 8 | | "Health care facility" means any hospital, nursing home, | 9 | | extended care
facility, long-term facility, clinic or medical | 10 | | laboratory, State or private
health or mental institution, | 11 | | clinic, physician's office, or health maintenance
| 12 | | organization.
| 13 | | "Hospital" means any institution, place, building, or | 14 | | agency, public or
private, whether organized for profit or not, | 15 | | devoted primarily to the
maintenance and operation of | 16 | | facilities for the diagnosis and treatment or care
of 2 or more | 17 | | unrelated persons admitted for overnight stay or longer in | 18 | | order
to obtain medical, including obstetric, psychiatric, and | 19 | | nursing, care of
illness, disease, injury, infirmity, or | 20 | | deformity.
| 21 | | "Person" means any individual, partnership, | 22 | | co-partnership, firm, company,
limited liability company, | 23 | | corporation, association, joint stock company,
trust, estate, | 24 | | political subdivision, State agency, or non-profit | 25 | | organization,
or any other legal entity.
| 26 | | "Zinc air button cell battery" means a battery that |
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| 1 | | resembles a button in size and shape with a zinc anode, an | 2 | | alkaline electrolyte, and a cathode that is capable of | 3 | | catalyzing 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 | 8 | | products prohibited. | 9 | | (a) No On and after July 1, 2008, no person shall sell, | 10 | | offer to sell, or distribute the following mercury-added | 11 | | products 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 | 25 | | mercury-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 | 2 | | requirement or if the only mercury-added component in the | 3 | | product is a button cell battery , other than a zinc air button | 4 | | cell battery .
| 5 | | (c) This Section does not apply to the sale of a | 6 | | mercury-added product listed in paragraphs (1) through (15) | 7 | | (10) of subsection (a) for which an exemption is obtained under | 8 | | this subsection (c). The manufacturer of the product may apply | 9 | | for an exemption for one or more uses of the product by filing | 10 | | a written petition with the Agency. The Agency may grant an | 11 | | exemption, with or without conditions, if the manufacturer | 12 | | demonstrates 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 | 23 | | with other states to promote consistency in the regulation of | 24 | | the product for which the exemption is requested. The Agency | 25 | | may also publish notice of its receipt of petitions for | 26 | | exemptions on its website and consider public comments |
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| 1 | | submitted in response to the petitions. Exemptions shall be | 2 | | granted for a term of 5 years and may be renewed for additional | 3 | | 5-year terms upon written application by the manufacturer if | 4 | | the manufacturer demonstrates that the criteria of this | 5 | | subsection (c) and the conditions of the product's original | 6 | | exemption approval continue to be met. All petitions for | 7 | | exemptions and exemption renewals shall be submitted on forms | 8 | | prescribed 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 | 12 | | products prohibited. | 13 | | (a) No On and after July 1, 2008, no person shall sell, | 14 | | offer to sell, or distribute the following mercury-added | 15 | | products 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 | 8 | | mercury-added product listed in paragraphs (1) through (15) | 9 | | (14) of subsection (a) if use of the product is a federal | 10 | | requirement or if the only mercury-added component in the | 11 | | product is a button cell battery , other than a zinc air button | 12 | | cell battery .
| 13 | | (c) This Section does not apply to the sale of a | 14 | | mercury-added product listed in paragraphs (1) through (15) | 15 | | (14) of subsection (a) for which an exemption is obtained under | 16 | | this subsection (c). The manufacturer of the product may apply | 17 | | for an exemption for one or more uses of the product by filing | 18 | | a written petition with the Agency. The Agency may grant an | 19 | | exemption, with or without conditions, if the manufacturer | 20 | | demonstrates 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 | 5 | | other states to promote consistency in the regulation of the | 6 | | product for which the exemption is requested. The Agency may | 7 | | also publish notice of its receipt of petitions for exemptions | 8 | | on its website and consider public comments submitted in | 9 | | response to the petitions. Exemptions shall be granted for a | 10 | | term of 5 years and may be renewed for additional 5-year terms | 11 | | upon written application by the manufacturer if the | 12 | | manufacturer demonstrates that the criteria of this subsection | 13 | | (c) and the conditions of the product's original exemption | 14 | | approval continue to be met. All petitions for exemptions and | 15 | | exemption renewals shall be submitted on forms prescribed by | 16 | | the Agency.
| 17 | | (Source: P.A. 97-459, eff. 7-1-12.) | 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2013.".
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