Bill Status of HB1421  95th General Assembly


Short Description:  TOXIC PREVENTION-RESPONSIBILTY

House Sponsors
Rep. Elaine Nekritz - Mike Boland - Monique D. Davis, Sara Feigenholtz, Karen A. Yarbrough, Linda Chapa LaVia, John A. Fritchey, Luis Arroyo, Eddie Washington, Elga L. Jefferies, Constance A. Howard, Lou Lang, Joseph M. Lyons, Julie Hamos, Daniel J. Burke, Karen May, Kathleen A. Ryg, Harry Osterman, Barbara Flynn Currie, Esther Golar and LaShawn K. Ford

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
410 ILCS 48/1
410 ILCS 48/5
410 ILCS 48/10
410 ILCS 48/15
410 ILCS 48/16 new
410 ILCS 48/17 new
410 ILCS 48/19 new
410 ILCS 48/33 new


Synopsis As Introduced
Amends the Brominated Fire Retardant Prevention Act. Changes the short title of the Act to the Persistent Bioaccumulative Toxic Prevention Act. Defines "brominated flame retardant" and "Agency". Beginning January 1, 2008, prohibits a person from manufacturing, processing, selling, offering for sale, distributing for sale, or distributing for use a mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE. Provides that, beginning January 1, 2010, a person may distribute for not manufacture, process, sell, offer for sale, sale, or distribute for use a television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Sets out responsibilities of the Environmental Protection Agency and the manufacturers. Requires the Agency to report the listed information to the General Assembly and the Governor, no later than January 4, 2008, concerning brominated flame retardants. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
410 ILCS 48/16 new
410 ILCS 48/33 new

Deletes everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes the short title of the Act to the Toxic Fire Retardant Prevention Act. In the prohibitions concerning a product that has textile components containing decaBDE, prohibits a person from knowingly selling, offering for sale, distributing for sale, or distributing the product (instead of just selling, offering for sale, distributing for sale, or distributing the product) after January 1, 2008. Provides that, beginning January 1, 2011 (instead of January 1, 2010), a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use a television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Deletes language requiring the Illinois Environmental Protection Agency to develop a program to assist retailers in identifying potential products containing decaBDE in their inventory. Changes references from brominated flame retardant to decaBDE in the Section concerning notice requirements for persons who manufacture products or product components containing those chemicals. Removes the requirement that the Agency submit a report regarding brominated flame retardants to the General Assembly and the Governor. Makes other changes. Effective immediately.

House Floor Amendment No. 2
Provides that beginning January 1, 2011 (instead of January 1, 2008), a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use a mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE. Provides that a manufacturer of a certain products restricted under the Act must notify persons that sell or distribute the manufacturer's product of the requirements of the Act no later than January 1, 2008 (instead of no later than 90 days prior to the effective date of the restriction). Provides that effective January 1, 2011 (instead of January 1, 2010), a person who manufactures a product or product component that contains decaBDE and is not regulated under the Act must provide written notice to the Illinois Environmental Protection Agency in accordance with the provision.

 Fiscal Note, House Floor Amendment No. 2 (Illinois Environmental Protection Agency)
 HB 1421 (H-AM 2) will have no fiscal impact on the Illinois EPA. The Agency would participate in establishing and implementing an information clearinghouse with its existing staff and resources.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1421 (H-AM 2) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1421 (H-AM 2) does not create a State mandate under the State Mandates Act.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 HB 1421 (H-AM 2) would neither increase nor decrease the number of judges needed in the State.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 HB 1421 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 HB 1421 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Balanced Budget Note, House Floor Amendment No. 2 (Gov Office of Mgmt & Budget)
 There is no revenue source named in HB 1421 (H-AM 2). This legislation would only require minimal administrative functions of the Agency. According to the Illinois Environmental Protection Agency, the administration of the Act and participation in the interstate clearinghouse can be met through existing resources

Actions 
DateChamber Action
  2/21/2007HouseFiled with the Clerk by Rep. Elaine Nekritz
  2/21/2007HouseFirst Reading
  2/21/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Environmental Health Committee
  3/2/2007HouseAdded Chief Co-Sponsor Rep. Mike Boland
  3/5/2007HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/5/2007HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/5/2007HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/8/2007HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/20/2007HouseHouse Committee Amendment No. 1 Filed with Clerk by Environmental Health Committee
  3/20/2007HouseHouse Committee Amendment No. 1 Adopted in Environmental Health Committee; by Voice Vote
  3/20/2007HouseDo Pass as Amended / Standard Debate Environmental Health Committee; 007-005-000
  3/21/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2007HouseAdded Co-Sponsor Rep. John A. Fritchey
  3/27/2007HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/27/2007HouseAdded Co-Sponsor Rep. Eddie Washington
  3/27/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  3/27/2007HouseAdded Co-Sponsor Rep. Constance A. Howard
  3/27/2007HouseAdded Co-Sponsor Rep. Lou Lang
  3/28/2007HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/28/2007HouseAdded Co-Sponsor Rep. Julie Hamos
  3/28/2007HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/28/2007HouseAdded Co-Sponsor Rep. Karen May
  3/28/2007HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/28/2007HouseAdded Co-Sponsor Rep. Harry Osterman
  3/29/2007HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/29/2007HouseAdded Co-Sponsor Rep. Esther Golar
  4/19/2007HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  4/19/2007HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/20/2007HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Dave Winters
  4/20/2007HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Dave Winters
  4/20/2007HouseHouse Floor Amendment No. 2 Home Rule Note Requested as Amended by Rep. Dave Winters
  4/23/2007HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  4/23/2007HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/24/2007HouseSecond Reading - Standard Debate
  4/24/2007HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/24/2007HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/24/2007HouseAdded Co-Sponsor Rep. LaShawn K. Ford
  4/25/2007HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  4/25/2007HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  4/25/2007HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  4/25/2007HouseSecond Reading - Standard Debate
  4/25/2007HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/25/2007HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  4/25/2007HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  4/27/2007HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  5/2/2007HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/25/2007HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die