Bill Text: IL HB2915 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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", "mobile phone", and "smart phone". Makes a change to the definition of "computer".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2915 Detail]

Download: Illinois-2017-HB2915-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2915 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", "mobile phone", and "smart phone". Makes a change to the definition of "computer".
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Section 10 as follows:
(415 ILCS 150/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Cathode-ray tube" means a vacuum tube or picture tube used
to convert an electronic signal into a visual image, such as a
television or computer monitor.
"Collector" means a person who receives covered electronic
devices or eligible electronic devices directly from a
residence for recycling or processing for reuse. "Collector"
includes, but is not limited to, manufacturers, recyclers, and
refurbishers who receive CEDs or EEDs directly from the public.
"Computer", often referred to as a "personal computer", or
"PC", or "tablet", means a desktop or notebook computer as
further defined below and used only in a residence, but does
not mean an automated typewriter, electronic printer, mobile
telephone, portable hand-held calculator, portable digital
assistant (PDA), MP3 player, or other similar device.
"Computer" does not include computer peripherals, commonly

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known as cables, mouse, or keyboard. "Computer" is further
defined as either:
(1) "Desktop computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a desktop computer is achieved through
a stand-alone keyboard, stand-alone monitor, or other
display unit, and a stand-alone mouse or other pointing
device, and is designed for a single user. A desktop
computer has a main unit that is intended to be
persistently located in a single location, often on a desk
or on the floor. A desktop computer is not designed for
portability and generally utilizes an external monitor,
keyboard, and mouse with an external or internal power
supply for a power source. Desktop computer does not
include an automated typewriter or typesetter; or
(2) "Notebook computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs

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contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a notebook computer is achieved
through a keyboard, video display greater than 4 inches in
size, and mouse or other pointing device, all of which are
contained within the construction of the unit that
comprises the notebook computer; supplemental stand-alone
interface devices typically can also be attached to the
notebook computer. Notebook computers can use external,
internal, or batteries for a power source. Notebook
computer does not include a portable hand-held calculator,
or a portable digital assistant or similar specialized
device. A notebook computer has an incorporated video
display greater than 4 inches in size and can be carried as
one unit by an individual. A notebook computer is sometimes
referred to as a laptop computer.
(3) "Tablet computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a tablet computer is achieved through

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a touch-screen and video display screen greater than 4 6
inches in size (all of which are contained within the unit
that comprises the tablet computer). Tablet computers may
use an external or internal power source. "Tablet computer"
does not include a portable hand-held calculator, a
portable digital assistant, or a similar specialized
device.
"Computer monitor" means an electronic device that is a
cathode-ray tube or flat panel display primarily intended to
display information from a computer and is used only in a
residence.
"Covered electronic device" or "CED" means any computer,
computer monitor, television, printer, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player that has memory capability and is battery powered,
digital video disc player, video game console, electronic
mouse, scanner, digital converter box, cable receiver,
satellite receiver, digital video disc recorder, or
small-scale server sold at retail and taken out of service from
a residence in this State. "Covered electronic device" does not
include any of the following:
(1) an electronic device that is a part of a motor
vehicle or any component part of a motor vehicle assembled
by or for a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle;
(2) an electronic device that is functionally or

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physically part of a larger piece of equipment or that is
taken out of service from an industrial, commercial
(including retail), library checkout, traffic control,
kiosk, security (other than household security),
governmental, agricultural, or medical setting, including
but not limited to diagnostic, monitoring, or control
equipment; or
(3) an electronic device that is contained within a
clothes washer, clothes dryer, refrigerator, refrigerator
and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, water
pump, sump pump, or air purifier.
To the extent allowed under federal and State laws and
regulations, a CED that is being collected, recycled, or
processed for reuse is not considered to be hazardous waste,
household waste, solid waste, or special waste.
"Developmentally disabled", as defined by the Illinois
Department of Human Services, Division of Developmental
Disabilities Program Manual, means having mental retardation
or a related condition. For the purposes of this Act:
(1) "Mental retardation" means significantly
subaverage general intellectual functioning as well as
deficits in adaptive behavior that manifested before age
18. A person's general intellectual functioning is
significantly subaverage if that person has an
intelligence quotient (IQ) of 70 or below on standardized

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measures of intelligence. This upper limit, however, may be
extended upward depending on the reliability of the
intelligence test used.
(2) "Related condition" means a severe, chronic
disability that (i) is attributable to cerebral palsy,
epilepsy, or any other condition, other than mental
illness, (ii) is found to be closely related to mental
retardation because the condition results in impairment of
general intellectual functioning or adaptive behavior
similar to that of a person with mental retardation, and
(iii) requires treatment or services similar to those
required for persons with mental retardation.
"Dismantling" means the demanufacturing and shredding of a
CED.
"Eligible electronic device" or "EED" means any of the
following electronic products sold at retail and taken out of
service from a residence in this State: mobile telephone;
computer cable; portable digital assistant (PDA); or zip drive.
To the extent allowed under federal and state laws and
regulations, an EED that is being collected, recycled, or
processed for reuse is not considered to be hazardous waste,
household waste, solid waste, or special waste.
"Low income children and families" mean those children and
families that are subject to the most recent version of the
United States Department of Health and Human Services Federal
Poverty Guidelines.

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"Manufacturer" means a person, or a successor in interest
to a person, under whose brand or label a computer, computer
monitor, television, printer, electronic keyboard, facsimile
machine, videocassette recorder, portable digital music
player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small-scale server is or was sold at retail. For any of the
aforementioned electronic devices sold at retail under a brand
or label that is licensed from a person who is a mere brand
owner and who does not sell or produce any of the
aforementioned electronic devices, the person who produced the
device or his or her successor in interest is the manufacturer.
For any of the aforementioned electronic devices sold at retail
under the brand or label of both the retail seller and the
person that produced the device, the person that produced the
device, or his or her successor in interest, is the
manufacturer. A retail seller of any of the aforementioned
electronic devices may elect to be the manufacturer of one or
more of the aforementioned electronic devices if the retail
seller provides written notice to the Agency that it is
accepting responsibility as the manufacturer of the device
under this Act and identifies any of the aforementioned
electronic devices for which it is electing to be the
manufacturer.
"Mobile telephone" means a cell phone or smart phone.

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(1) "Cell phone" means a wireless device with the
primary function of making or receiving calls without a
physical connection to a network. A cell phone is sometimes
referred to as a mobile telephone.
(2) "Smart phone" means a cell phone with a mobile
operating system capable of running downloaded
applications. Human interface with a smart phone is
achieved through a touchscreen video display and
supplemental stand-alone interface devices, such as a
Bluetooth keyboard.
"Municipal joint action agency" means a municipal joint
action agency created under Section 3.2 of the
Intergovernmental Cooperation Act.
"Orphan CEDs" means those CEDs that are returned for
recycling, or processing for reuse, whose manufacturer cannot
be identified, or whose manufacturer is no longer conducting
business and has no successor in interest.
"Person" means any individual, partnership,
co-partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate,
political subdivision, State agency, or any other legal entity,
or a legal representative, agent, or assign of that entity.
"Printer" means desktop printers, multifunction printer
copiers, and printer/fax combinations taken out of service from
a residence that are designed to reside on a work surface, and
include various print technologies, including without

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limitation laser and LED (electrographic), ink jet, dot matrix,
thermal, and digital sublimation, and "multi-function" or
"all-in-one" devices that perform different tasks, including
without limitation copying, scanning, faxing, and printing.
Printers do not include floor-standing printers, printers with
optional floor stand, point of sale (POS) receipt printers,
household printers such as a calculator with printing
capabilities or label makers, or non-stand-alone printers that
are embedded into products that are not CEDs.
"Processing for reuse" means any method, technique, or
process by which CEDs or EEDs that would otherwise be disposed
of or discarded are instead separated, processed, and returned
to their original intended purposes or to other useful purposes
as electronic devices. "Processing for reuse" includes the
collection and transportation of CEDs or EEDs.
"Program Year" means a calendar year. The first program
year is 2010.
"Recycler" means a person who engages in the recycling of
CEDs or EEDs, but does not include telecommunications carriers,
telecommunications manufacturers, or commercial mobile service
providers with an existing recycling program.
"Recycling" means any method, technique, or process by
which CEDs or EEDs that would otherwise be disposed of or
discarded are instead collected, separated, or processed and
are returned to the economic mainstream in the form of raw
materials or products. "Recycling" includes the collection,

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transportation, dismantling, and shredding of the CEDs or EEDs.
"Recycling coordinator" means the person designated by
each county waste management plan to administer the county
recycling program, as set forth in the Solid Waste Management
Act.
"Refurbisher" means any person who processes CEDs or EEDs
for reuse, but does not include telecommunications carriers,
telecommunications manufacturers, or commercial mobile service
providers with an existing recycling program.
"Residence" means a dwelling place or home in which one or
more individuals live.
"Retailer" means a person who sells, rents, or leases,
through sales outlets, catalogues, or the Internet, computers,
computer monitors, printers, televisions, electronic
keyboards, facsimile machines, videocassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, or small-scale servers at retail to
individuals in this State. For purposes of this Act, sales to
individuals at retail are considered to be sales for
residential use. "Retailer" includes, but is not limited to,
manufacturers who sell computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic

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mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers at retail directly to individuals in this
State.
"Sale" means any retail transfer of title for consideration
of title including, but not limited to, transactions conducted
through sales outlets, catalogs, or the Internet or any other
similar electronic means but does not mean financing or
leasing.
"Small-scale server" means a computer that typically uses
desktop components in a desktop form designed primarily to
serve as a storage host for other computers. To be considered a
small-scale server, a computer must: be designed in a pedestal,
tower, or other form that is similar to that of a desktop
computer so that all data processing, storage, and network
interfacing is contained within one box or product; be designed
to be operational 24 hours per day and 7 days per week; have
very little unscheduled downtime (on the order of hours per
year); be capable of operating in a simultaneous multi-user
environment serving several users through networked client
units; and be designed for an industry accepted operating
system for home or low-end server applications.
"Television" means an electronic device (i) containing a
cathode-ray tube or flat panel screen the size of which is
greater than 4 inches when measured diagonally, (ii) that is
intended to receive video programming via broadcast, cable, or

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satellite transmission or to receive video from surveillance or
other similar cameras, and (iii) that is used only in a
residence.
"Underserved counties" means those counties so identified
in Section 60.
(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)