HB5920 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5920

 

Introduced , by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 150/10

    Amends the Electronic Products Recycling and Reuse Act. In a definition of "tablet computer", provides that human interface with a tablet computer is achieved through a touch-screen and video display screen greater than 4 (instead of 6) inches in size. Defines "cell phone" and "smart phone".


LRB099 20368 MJP 44847 b

 

 

A BILL FOR

 

HB5920LRB099 20368 MJP 44847 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Section 10 as follows:
 
6    (415 ILCS 150/10)
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
10to convert an electronic signal into a visual image, such as a
11television or computer monitor.
12    "Cell phone" means a wireless device with the primary
13function of making or receiving calls without a physical
14connection to a network. A cell phone is sometimes referred to
15as a mobile telephone.
16    "Collector" means a person who receives covered electronic
17devices or eligible electronic devices directly from a
18residence for recycling or processing for reuse. "Collector"
19includes, but is not limited to, manufacturers, recyclers, and
20refurbishers who receive CEDs or EEDs directly from the public.
21    "Computer", often referred to as a "personal computer" or
22"PC", means a desktop or notebook computer as further defined
23below and used only in a residence, but does not mean an

 

 

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1automated typewriter, electronic printer, mobile telephone,
2portable hand-held calculator, portable digital assistant
3(PDA), MP3 player, or other similar device. "Computer" does not
4include computer peripherals, commonly known as cables, mouse,
5or keyboard. "Computer" is further defined as either:
6        (1) "Desktop computer", which means an electronic,
7    magnetic, optical, electrochemical, or other high-speed
8    data processing device performing logical, arithmetic, or
9    storage functions for general purpose needs that are met
10    through interaction with a number of software programs
11    contained therein, and that is not designed to exclusively
12    perform a specific type of logical, arithmetic, or storage
13    function or other limited or specialized application.
14    Human interface with a desktop computer is achieved through
15    a stand-alone keyboard, stand-alone monitor, or other
16    display unit, and a stand-alone mouse or other pointing
17    device, and is designed for a single user. A desktop
18    computer has a main unit that is intended to be
19    persistently located in a single location, often on a desk
20    or on the floor. A desktop computer is not designed for
21    portability and generally utilizes an external monitor,
22    keyboard, and mouse with an external or internal power
23    supply for a power source. Desktop computer does not
24    include an automated typewriter or typesetter; or
25        (2) "Notebook 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 notebook computer is achieved
8    through a keyboard, video display greater than 4 inches in
9    size, and mouse or other pointing device, all of which are
10    contained within the construction of the unit that
11    comprises the notebook computer; supplemental stand-alone
12    interface devices typically can also be attached to the
13    notebook computer. Notebook computers can use external,
14    internal, or batteries for a power source. Notebook
15    computer does not include a portable hand-held calculator,
16    or a portable digital assistant or similar specialized
17    device. A notebook computer has an incorporated video
18    display greater than 4 inches in size and can be carried as
19    one unit by an individual. A notebook computer is sometimes
20    referred to as a laptop computer.
21        (3) "Tablet computer", which means an electronic,
22    magnetic, optical, electrochemical, or other high-speed
23    data processing device performing logical, arithmetic, or
24    storage functions for general purpose needs that are met
25    through interaction with a number of software programs
26    contained therein, and that is not designed to exclusively

 

 

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1    perform a specific type of logical, arithmetic, or storage
2    function or other limited or specialized application.
3    Human interface with a tablet computer is achieved through
4    a touch-screen and video display screen greater than 4 6
5    inches in size (all of which are contained within the unit
6    that comprises the tablet computer). Tablet computers may
7    use an external or internal power source. "Tablet computer"
8    does not include a portable hand-held calculator, a
9    portable digital assistant, or a similar specialized
10    device.
11    "Computer monitor" means an electronic device that is a
12cathode-ray tube or flat panel display primarily intended to
13display information from a computer and is used only in a
14residence.
15    "Covered electronic device" or "CED" means any computer,
16computer monitor, television, printer, electronic keyboard,
17facsimile machine, videocassette recorder, portable digital
18music player that has memory capability and is battery powered,
19digital video disc player, video game console, electronic
20mouse, scanner, digital converter box, cable receiver,
21satellite receiver, digital video disc recorder, or
22small-scale server sold at retail and taken out of service from
23a residence in this State. "Covered electronic device" does not
24include any of the following:
25        (1) an electronic device that is a part of a motor
26    vehicle or any component part of a motor vehicle assembled

 

 

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1    by or for a vehicle manufacturer or franchised dealer,
2    including replacement parts for use in a motor vehicle;
3        (2) an electronic device that is functionally or
4    physically part of a larger piece of equipment or that is
5    taken out of service from an industrial, commercial
6    (including retail), library checkout, traffic control,
7    kiosk, security (other than household security),
8    governmental, agricultural, or medical setting, including
9    but not limited to diagnostic, monitoring, or control
10    equipment; or
11        (3) an electronic device that is contained within a
12    clothes washer, clothes dryer, refrigerator, refrigerator
13    and freezer, microwave oven, conventional oven or range,
14    dishwasher, room air conditioner, dehumidifier, water
15    pump, sump pump, or air purifier.
16To the extent allowed under federal and State laws and
17regulations, a CED that is being collected, recycled, or
18processed for reuse is not considered to be hazardous waste,
19household waste, solid waste, or special waste.
20    "Developmentally disabled", as defined by the Illinois
21Department of Human Services, Division of Developmental
22Disabilities Program Manual, means having mental retardation
23or a related condition. For the purposes of this Act:
24        (1) "Mental retardation" means significantly
25    subaverage general intellectual functioning as well as
26    deficits in adaptive behavior that manifested before age

 

 

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1    18. A person's general intellectual functioning is
2    significantly subaverage if that person has an
3    intelligence quotient (IQ) of 70 or below on standardized
4    measures of intelligence. This upper limit, however, may be
5    extended upward depending on the reliability of the
6    intelligence test used.
7        (2) "Related condition" means a severe, chronic
8    disability that (i) is attributable to cerebral palsy,
9    epilepsy, or any other condition, other than mental
10    illness, (ii) is found to be closely related to mental
11    retardation because the condition results in impairment of
12    general intellectual functioning or adaptive behavior
13    similar to that of a person with mental retardation, and
14    (iii) requires treatment or services similar to those
15    required for persons with mental retardation.
16    "Dismantling" means the demanufacturing and shredding of a
17CED.
18    "Eligible electronic device" or "EED" means any of the
19following electronic products sold at retail and taken out of
20service from a residence in this State: mobile telephone;
21computer cable; portable digital assistant (PDA); or zip drive.
22To the extent allowed under federal and state laws and
23regulations, an EED that is being collected, recycled, or
24processed for reuse is not considered to be hazardous waste,
25household waste, solid waste, or special waste.
26    "Low income children and families" mean those children and

 

 

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1families that are subject to the most recent version of the
2United States Department of Health and Human Services Federal
3Poverty Guidelines.
4    "Manufacturer" means a person, or a successor in interest
5to a person, under whose brand or label a computer, computer
6monitor, television, printer, electronic keyboard, facsimile
7machine, videocassette recorder, portable digital music
8player, digital video disc player, video game console,
9electronic mouse, scanner, digital converter box, cable
10receiver, satellite receiver, digital video disc recorder, or
11small-scale server is or was sold at retail. For any of the
12aforementioned electronic devices sold at retail under a brand
13or label that is licensed from a person who is a mere brand
14owner and who does not sell or produce any of the
15aforementioned electronic devices, the person who produced the
16device or his or her successor in interest is the manufacturer.
17For any of the aforementioned electronic devices sold at retail
18under the brand or label of both the retail seller and the
19person that produced the device, the person that produced the
20device, or his or her successor in interest, is the
21manufacturer. A retail seller of any of the aforementioned
22electronic devices may elect to be the manufacturer of one or
23more of the aforementioned electronic devices if the retail
24seller provides written notice to the Agency that it is
25accepting responsibility as the manufacturer of the device
26under this Act and identifies any of the aforementioned

 

 

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1electronic devices for which it is electing to be the
2manufacturer.
3    "Municipal joint action agency" means a municipal joint
4action agency created under Section 3.2 of the
5Intergovernmental Cooperation Act.
6    "Orphan CEDs" means those CEDs that are returned for
7recycling, or processing for reuse, whose manufacturer cannot
8be identified, or whose manufacturer is no longer conducting
9business and has no successor in interest.
10    "Person" means any individual, partnership,
11co-partnership, firm, company, limited liability company,
12corporation, association, joint stock company, trust, estate,
13political subdivision, State agency, or any other legal entity,
14or a legal representative, agent, or assign of that entity.
15    "Printer" means desktop printers, multifunction printer
16copiers, and printer/fax combinations taken out of service from
17a residence that are designed to reside on a work surface, and
18include various print technologies, including without
19limitation laser and LED (electrographic), ink jet, dot matrix,
20thermal, and digital sublimation, and "multi-function" or
21"all-in-one" devices that perform different tasks, including
22without limitation copying, scanning, faxing, and printing.
23Printers do not include floor-standing printers, printers with
24optional floor stand, point of sale (POS) receipt printers,
25household printers such as a calculator with printing
26capabilities or label makers, or non-stand-alone printers that

 

 

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1are embedded into products that are not CEDs.
2    "Processing for reuse" means any method, technique, or
3process by which CEDs or EEDs that would otherwise be disposed
4of or discarded are instead separated, processed, and returned
5to their original intended purposes or to other useful purposes
6as electronic devices. "Processing for reuse" includes the
7collection and transportation of CEDs or EEDs.
8    "Program Year" means a calendar year. The first program
9year is 2010.
10    "Recycler" means a person who engages in the recycling of
11CEDs or EEDs, but does not include telecommunications carriers,
12telecommunications manufacturers, or commercial mobile service
13providers with an existing recycling program.
14    "Recycling" means any method, technique, or process by
15which CEDs or EEDs that would otherwise be disposed of or
16discarded are instead collected, separated, or processed and
17are returned to the economic mainstream in the form of raw
18materials or products. "Recycling" includes the collection,
19transportation, dismantling, and shredding of the CEDs or EEDs.
20    "Recycling coordinator" means the person designated by
21each county waste management plan to administer the county
22recycling program, as set forth in the Solid Waste Management
23Act.
24    "Refurbisher" means any person who processes CEDs or EEDs
25for reuse, but does not include telecommunications carriers,
26telecommunications manufacturers, or commercial mobile service

 

 

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1providers with an existing recycling program.
2    "Residence" means a dwelling place or home in which one or
3more individuals live.
4    "Retailer" means a person who sells, rents, or leases,
5through sales outlets, catalogues, or the Internet, computers,
6computer monitors, printers, televisions, electronic
7keyboards, facsimile machines, videocassette recorders,
8portable digital music players, digital video disc players,
9video game consoles, electronic mice, scanners, digital
10converter boxes, cable receivers, satellite receivers, digital
11video disc recorders, or small-scale servers at retail to
12individuals in this State. For purposes of this Act, sales to
13individuals at retail are considered to be sales for
14residential use. "Retailer" includes, but is not limited to,
15manufacturers who sell computers, computer monitors, printers,
16televisions, electronic keyboards, facsimile machines,
17videocassette recorders, portable digital music players,
18digital video disc players, video game consoles, electronic
19mice, scanners, digital converter boxes, cable receivers,
20satellite receivers, digital video disc recorders, or
21small-scale servers at retail directly to individuals in this
22State.
23    "Sale" means any retail transfer of title for consideration
24of title including, but not limited to, transactions conducted
25through sales outlets, catalogs, or the Internet or any other
26similar electronic means but does not mean financing or

 

 

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1leasing.
2    "Small-scale server" means a computer that typically uses
3desktop components in a desktop form designed primarily to
4serve as a storage host for other computers. To be considered a
5small-scale server, a computer must: be designed in a pedestal,
6tower, or other form that is similar to that of a desktop
7computer so that all data processing, storage, and network
8interfacing is contained within one box or product; be designed
9to be operational 24 hours per day and 7 days per week; have
10very little unscheduled downtime (on the order of hours per
11year); be capable of operating in a simultaneous multi-user
12environment serving several users through networked client
13units; and be designed for an industry accepted operating
14system for home or low-end server applications.
15    "Smart phone" means a cell phone with a mobile operating
16system capable of running downloaded applications. Human
17interface with a smart phone is achieved through a touchscreen
18video display and supplemental stand-alone interface devices,
19such as a Bluetooth keyboard.
20    "Television" means an electronic device (i) containing a
21cathode-ray tube or flat panel screen the size of which is
22greater than 4 inches when measured diagonally, (ii) that is
23intended to receive video programming via broadcast, cable, or
24satellite transmission or to receive video from surveillance or
25other similar cameras, and (iii) that is used only in a
26residence.

 

 

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1    "Underserved counties" means those counties so identified
2in Section 60.
3(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)