HB5920ham001 99TH GENERAL ASSEMBLY

Rep. Mike Fortner

Filed: 3/29/2016

 

 


 

 


 
09900HB5920ham001LRB099 20368 MJP 46532 a

1
AMENDMENT TO HOUSE BILL 5920

2    AMENDMENT NO. ______. Amend House Bill 5920 by replacing
3everything after the enacting clause with the following:
 
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    "Collector" means a person who receives covered electronic
13devices or eligible electronic devices directly from a
14residence for recycling or processing for reuse. "Collector"
15includes, but is not limited to, manufacturers, recyclers, and
16refurbishers who receive CEDs or EEDs directly from the public.

 

 

09900HB5920ham001- 2 -LRB099 20368 MJP 46532 a

1    "Computer", often referred to as a "personal computer", or
2"PC", or "tablet", means a desktop or notebook computer as
3further defined below and used only in a residence, but does
4not mean an automated typewriter, electronic printer, mobile
5telephone, portable hand-held calculator, portable digital
6assistant (PDA), MP3 player, or other similar device.
7"Computer" does not include computer peripherals, commonly
8known as cables, mouse, or keyboard. "Computer" is further
9defined 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

 

 

09900HB5920ham001- 3 -LRB099 20368 MJP 46532 a

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.
25        (3) "Tablet computer", which means an electronic,
26    magnetic, optical, electrochemical, or other high-speed

 

 

09900HB5920ham001- 4 -LRB099 20368 MJP 46532 a

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
16cathode-ray tube or flat panel display primarily intended to
17display information from a computer and is used only in a
18residence.
19    "Covered electronic device" or "CED" means any computer,
20computer monitor, television, printer, electronic keyboard,
21facsimile machine, videocassette recorder, portable digital
22music player that has memory capability and is battery powered,
23digital video disc player, video game console, electronic
24mouse, scanner, digital converter box, cable receiver,
25satellite receiver, digital video disc recorder, or
26small-scale server sold at retail and taken out of service from

 

 

09900HB5920ham001- 5 -LRB099 20368 MJP 46532 a

1a residence in this State. "Covered electronic device" does not
2include 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.
20To the extent allowed under federal and State laws and
21regulations, a CED that is being collected, recycled, or
22processed for reuse is not considered to be hazardous waste,
23household waste, solid waste, or special waste.
24    "Developmentally disabled", as defined by the Illinois
25Department of Human Services, Division of Developmental
26Disabilities Program Manual, means having mental retardation

 

 

09900HB5920ham001- 6 -LRB099 20368 MJP 46532 a

1or 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.
20    "Dismantling" means the demanufacturing and shredding of a
21CED.
22    "Eligible electronic device" or "EED" means any of the
23following electronic products sold at retail and taken out of
24service from a residence in this State: mobile telephone;
25computer cable; portable digital assistant (PDA); or zip drive.
26To the extent allowed under federal and state laws and

 

 

09900HB5920ham001- 7 -LRB099 20368 MJP 46532 a

1regulations, an EED that is being collected, recycled, or
2processed for reuse is not considered to be hazardous waste,
3household waste, solid waste, or special waste.
4    "Low income children and families" mean those children and
5families that are subject to the most recent version of the
6United States Department of Health and Human Services Federal
7Poverty Guidelines.
8    "Manufacturer" means a person, or a successor in interest
9to a person, under whose brand or label a computer, computer
10monitor, television, printer, electronic keyboard, facsimile
11machine, videocassette recorder, portable digital music
12player, digital video disc player, video game console,
13electronic mouse, scanner, digital converter box, cable
14receiver, satellite receiver, digital video disc recorder, or
15small-scale server is or was sold at retail. For any of the
16aforementioned electronic devices sold at retail under a brand
17or label that is licensed from a person who is a mere brand
18owner and who does not sell or produce any of the
19aforementioned electronic devices, the person who produced the
20device or his or her successor in interest is the manufacturer.
21For any of the aforementioned electronic devices sold at retail
22under the brand or label of both the retail seller and the
23person that produced the device, the person that produced the
24device, or his or her successor in interest, is the
25manufacturer. A retail seller of any of the aforementioned
26electronic devices may elect to be the manufacturer of one or

 

 

09900HB5920ham001- 8 -LRB099 20368 MJP 46532 a

1more of the aforementioned electronic devices if the retail
2seller provides written notice to the Agency that it is
3accepting responsibility as the manufacturer of the device
4under this Act and identifies any of the aforementioned
5electronic devices for which it is electing to be the
6manufacturer.
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
19action agency created under Section 3.2 of the
20Intergovernmental Cooperation Act.
21    "Orphan CEDs" means those CEDs that are returned for
22recycling, or processing for reuse, whose manufacturer cannot
23be identified, or whose manufacturer is no longer conducting
24business and has no successor in interest.
25    "Person" means any individual, partnership,
26co-partnership, firm, company, limited liability company,

 

 

09900HB5920ham001- 9 -LRB099 20368 MJP 46532 a

1corporation, association, joint stock company, trust, estate,
2political subdivision, State agency, or any other legal entity,
3or a legal representative, agent, or assign of that entity.
4    "Printer" means desktop printers, multifunction printer
5copiers, and printer/fax combinations taken out of service from
6a residence that are designed to reside on a work surface, and
7include various print technologies, including without
8limitation laser and LED (electrographic), ink jet, dot matrix,
9thermal, and digital sublimation, and "multi-function" or
10"all-in-one" devices that perform different tasks, including
11without limitation copying, scanning, faxing, and printing.
12Printers do not include floor-standing printers, printers with
13optional floor stand, point of sale (POS) receipt printers,
14household printers such as a calculator with printing
15capabilities or label makers, or non-stand-alone printers that
16are embedded into products that are not CEDs.
17    "Processing for reuse" means any method, technique, or
18process by which CEDs or EEDs that would otherwise be disposed
19of or discarded are instead separated, processed, and returned
20to their original intended purposes or to other useful purposes
21as electronic devices. "Processing for reuse" includes the
22collection and transportation of CEDs or EEDs.
23    "Program Year" means a calendar year. The first program
24year is 2010.
25    "Recycler" means a person who engages in the recycling of
26CEDs or EEDs, but does not include telecommunications carriers,

 

 

09900HB5920ham001- 10 -LRB099 20368 MJP 46532 a

1telecommunications manufacturers, or commercial mobile service
2providers with an existing recycling program.
3    "Recycling" means any method, technique, or process by
4which CEDs or EEDs that would otherwise be disposed of or
5discarded are instead collected, separated, or processed and
6are returned to the economic mainstream in the form of raw
7materials or products. "Recycling" includes the collection,
8transportation, dismantling, and shredding of the CEDs or EEDs.
9    "Recycling coordinator" means the person designated by
10each county waste management plan to administer the county
11recycling program, as set forth in the Solid Waste Management
12Act.
13    "Refurbisher" means any person who processes CEDs or EEDs
14for reuse, but does not include telecommunications carriers,
15telecommunications manufacturers, or commercial mobile service
16providers with an existing recycling program.
17    "Residence" means a dwelling place or home in which one or
18more individuals live.
19    "Retailer" means a person who sells, rents, or leases,
20through sales outlets, catalogues, or the Internet, computers,
21computer monitors, printers, televisions, electronic
22keyboards, facsimile machines, videocassette recorders,
23portable digital music players, digital video disc players,
24video game consoles, electronic mice, scanners, digital
25converter boxes, cable receivers, satellite receivers, digital
26video disc recorders, or small-scale servers at retail to

 

 

09900HB5920ham001- 11 -LRB099 20368 MJP 46532 a

1individuals in this State. For purposes of this Act, sales to
2individuals at retail are considered to be sales for
3residential use. "Retailer" includes, but is not limited to,
4manufacturers who sell computers, computer monitors, printers,
5televisions, electronic keyboards, facsimile machines,
6videocassette recorders, portable digital music players,
7digital video disc players, video game consoles, electronic
8mice, scanners, digital converter boxes, cable receivers,
9satellite receivers, digital video disc recorders, or
10small-scale servers at retail directly to individuals in this
11State.
12    "Sale" means any retail transfer of title for consideration
13of title including, but not limited to, transactions conducted
14through sales outlets, catalogs, or the Internet or any other
15similar electronic means but does not mean financing or
16leasing.
17    "Small-scale server" means a computer that typically uses
18desktop components in a desktop form designed primarily to
19serve as a storage host for other computers. To be considered a
20small-scale server, a computer must: be designed in a pedestal,
21tower, or other form that is similar to that of a desktop
22computer so that all data processing, storage, and network
23interfacing is contained within one box or product; be designed
24to be operational 24 hours per day and 7 days per week; have
25very little unscheduled downtime (on the order of hours per
26year); be capable of operating in a simultaneous multi-user

 

 

09900HB5920ham001- 12 -LRB099 20368 MJP 46532 a

1environment serving several users through networked client
2units; and be designed for an industry accepted operating
3system for home or low-end server applications.
4    "Television" means an electronic device (i) containing a
5cathode-ray tube or flat panel screen the size of which is
6greater than 4 inches when measured diagonally, (ii) that is
7intended to receive video programming via broadcast, cable, or
8satellite transmission or to receive video from surveillance or
9other similar cameras, and (iii) that is used only in a
10residence.
11    "Underserved counties" means those counties so identified
12in Section 60.
13(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)".