Bill Status of HB 5578   94th General Assembly

Short Description:  MERCURY SWITCH REMOVAL

House Sponsors
Rep. Karen May-Barbara Flynn Currie-Sara Feigenholtz-William B. Black-Paul D. Froehlich, Harry Osterman, Kathleen A. Ryg, Julie Hamos, Kevin A. McCarthy, John A. Fritchey, Chapin Rose, Karen A. Yarbrough, Thomas Holbrook, Elaine Nekritz, Carolyn H. Krause, Mary E. Flowers, Dave Winters, Naomi D. Jakobsson, Constance A. Howard, Wyvetter H. Younge, Elizabeth Coulson, Patricia Reid Lindner, Eddie Washington, Larry McKeon, Monique D. Davis, John D'Amico, Mike Boland, Rich Brauer, Patricia R. Bellock, Aaron Schock, Jack D. Franks, Linda Chapa LaVia, Sandra M. Pihos and Randall M. Hultgren

Senate Sponsors
(Sen. Terry Link-Mattie Hunter-Martin A. Sandoval-Susan Garrett, Ira I. Silverstein, John J. Cullerton-Don Harmon and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  4/24/2006HousePublic Act . . . . . . . . . 94-0732

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Mercury Switch Removal Act. Provides that mercury switches removed from end-of-life vehicles must be managed in accordance with the Environmental Protection Act and regulations adopted thereunder. Requires vehicle recyclers, vehicle crushers, and scrap metal recyclers that remove mercury switches to maintain certain records and make reports relating to the mercury switches removed. Requires manufacturers of vehicles in Illinois that contain mercury switches to begin a mercury switch collection program, within 60 days of the effective date of this Act, that facilitates the removal of mercury switches from end-of-life vehicles prior to the vehicles being flattened, crushed, shredded, or otherwise processed for recycling. Sets forth that these programs must, to the extent practicable, use the currently available vehicle recycling infrastructure and be designed to achieve a capture rate of not less than (i) 35% for the period of July 1, 2006, through June 30, 2007; (ii) 50% for the period of July 1, 2007, through June 30, 2008; and (iii) 70% for the period of July 1, 2008, through June 30, 2009 and for each subsequent period of July 1 through June 30. Sets forth certain requirements for these collection programs including that each manufacturer adopt an implementation plan for their mercury switch collection program. Provides that if the required capture rates are not met, the Agency shall provide notice to the manufacturers subject to the collection requirements, and that beginning 30 days after the Agency first provides notice, a vehicle recycler that sells, gives, or otherwise conveys an end-of-life vehicle to an on-site or off-site vehicle crusher or a scrap metal recycler must remove all mercury switches from the vehicle prior to its conveyance, and that manufacturers subject to these collection requirements must provide to vehicle recyclers, vehicle crushers, and scrap metal recyclers (i) $2.00 for each mercury switch removed by the vehicle recycler, vehicle crusher, or the scrap metal recycler, (ii) the costs of the containers in which the mercury switches are collected, and (iii) the costs of packaging and transporting the mercury switches off-site. Provides civil penalties for violations of the Act. Authorizes periodic reviews of these programs. Repeals the Act on January 1, 2018. Contains other provisions. Effective immediately.

 Fiscal Note (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Fiscal Note (Illinois Environmental Protection Agency)
 HB 5578 will not impose any significant fiscal impact on the Illinois EPA. The Agency would be required to review the mercury switch collection program developed by the automakers and assist with educational outreach efforts to promote the program. Existing resources would be used to conduct these activities.

 State Debt Impact Note (Commission on Gov't Forecasting and Accountability)
 HB 5578 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.

 Judicial Note (Admin Office of the Illinois Courts)
 Based on a review of the bill, it has been determined that this legislation may cause a minimal increase in judicial workloads. However, the bill would not increase the number of judges needed in the state.

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

 Pension Note (Comm. on Gov. Forecasting & Accountability)
 Would not impact any public pension fund or retirement system in Illinois.

 Balanced Budget Note (Gov. Office of Management & Budget)
 It is unclear from the bill whether the compensation made by the manufacturers will be paid directly to vehicle crushers, recyclers, or scrap metal recyclers or through the agency. Therefore, we cannot estimate if HB 5578 will bring any new revenue, except for the penalties.

House Amendment No. 3
Provides that for civil penalties for failure to perform any duty imposed by this Act, the manufacturer must "willfully or knowingly" fail to perform these duties. Sets forth that second or subsequent violations shall result in a civil penalty not to exceed $5,000 (instead of $10,000). Provides that the manufacturers' duty to indemnify vehicle recyclers, vehicle crushers, and scrap metal recyclers for liabilities arising from releases from a mercury switch under the Act is subject to that switch being managed in accordance with the Environmental Protection Act and regulations adopted thereunder prior to transfer under the manufacturer's collection program. Changes the Act's repealer date to January 1, 2011 (instead of January 1, 2018).

 Fiscal Note (H-AM 3) (Ill. Environmental Protection Agency)
 HB 5578 will not impose any significant fiscal impact on the Illinois EPA. The Agency would be required to review the mercury switch collection program developed by the automakers and assist with educational outreach efforts to promote the program. Existing resources would be used to conduct these activities.

 Home Rule Note (H-AM 3) (Dept. of Commerce & Econ Opportunity)
 Does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 3) (Dept. of Commerce & Econ Opportunity)
 Does not create a state mandate under the State Mandates Act.

 State Debt Impact Note (H-AM 3) (Com. on Gov. Forecasting & Accountability)
 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.

 Judicial Note (H-AM 3) (Admin. Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Pension Note (H-AM 3) (Com. on Gov. Forecasting & Accountability)
 Would not impact any public pension fund or retirement system in Illinois.

 Housing Affordability Impact Note (H-AM 3)(Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

Actions 
DateChamber Action
  2/7/2006HouseFiled with the Clerk by Rep. Karen May
  2/7/2006HouseFirst Reading
  2/7/2006HouseReferred to Rules Committee
  2/14/2006HouseAssigned to Environmental Health Committee
  2/14/2006HouseMotion to Suspend Rule 25 - Prevailed
  2/15/2006HouseDo Pass / Short Debate Environmental Health Committee; 008-001-002
  2/15/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/16/2006HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  2/17/2006HouseAdded Chief Co-Sponsor Rep. William B. Black
  2/17/2006HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  2/17/2006HouseAdded Co-Sponsor Rep. Harry Osterman
  2/17/2006HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  2/17/2006HouseAdded Co-Sponsor Rep. Julie Hamos
  2/17/2006HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  2/17/2006HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/21/2006HouseFiscal Note Filed
  2/21/2006HouseFiscal Note Filed
  2/21/2006HouseAdded Co-Sponsor Rep. Chapin Rose
  2/21/2006HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/21/2006HouseAdded Co-Sponsor Rep. Thomas Holbrook
  2/21/2006HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/21/2006HouseState Debt Impact Note Filed
  2/21/2006HouseAdded Co-Sponsor Rep. Carolyn H. Krause
  2/21/2006HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/21/2006HouseJudicial Note Filed
  2/21/2006HouseHousing Affordability Impact Note Filed
  2/22/2006HouseAdded Co-Sponsor Rep. Dave Winters
  2/22/2006HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  2/22/2006HousePension Note Filed
  2/22/2006HouseAdded Co-Sponsor Rep. Constance A. Howard
  2/22/2006HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  2/22/2006HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/22/2006HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  2/23/2006HouseAdded Co-Sponsor Rep. Eddie Washington
  2/23/2006HouseAdded Co-Sponsor Rep. Larry McKeon
  2/23/2006HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/23/2006HouseAdded Co-Sponsor Rep. John D'Amico
  2/23/2006HouseBalanced Budget Note Filed
  2/23/2006HouseAdded Co-Sponsor Rep. Mike Boland
  2/24/2006HouseHouse Amendment No. 1 Filed with Clerk by Rep. Karen May
  2/24/2006HouseHouse Amendment No. 1 Referred to Rules Committee
  2/24/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Karen May
  2/24/2006HouseHouse Amendment No. 2 Referred to Rules Committee
  2/28/2006HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  2/28/2006HouseSecond Reading - Short Debate
  2/28/2006HouseHouse Amendment No. 2 Withdrawn by Rep. Karen May
  2/28/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/1/2006HouseAdded Co-Sponsor Rep. Rich Brauer
  3/1/2006HouseRecalled to Second Reading - Short Debate
  3/1/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/1/2006HouseHouse Amendment No. 3 Filed with Clerk by Rep. Karen May
  3/1/2006HouseHouse Amendment No. 3 Referred to Rules Committee
  3/1/2006HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/1/2006HouseFiscal Note Filed As Amended by HA 3
  3/1/2006HouseHome Rule Note Filed As Amended by HA 3
  3/1/2006HouseState Mandates Fiscal Note Filed As Amended by HA 3
  3/2/2006HouseState Debt Impact Note Filed As Amended by HA 3
  3/2/2006HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  3/2/2006HouseJudicial Note Filed As Amended by HA 3
  3/2/2006HousePension Note Filed As Amended by HA 3
  3/2/2006HouseHouse Amendment No. 3 Adopted by Voice Vote
  3/2/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2006HouseAdded Co-Sponsor Rep. Aaron Schock
  3/3/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/3/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/3/2006HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/3/2006HouseAdded Co-Sponsor Rep. Randall M. Hultgren
  3/3/2006HouseThird Reading - Short Debate - Passed 114-000-000
  3/3/2006HouseHouse Amendment No. 1 Tabled Pursuant to Rule 40(a)
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading
  3/7/2006SenateChief Senate Sponsor Sen. Terry Link
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/7/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  3/8/2006SenateAssigned to Environment & Energy
  3/14/2006SenateHousing Affordability Impact Note Filed as amended by House Amendment No. 3, from the Illinois Housing Development Authority.
  3/14/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Martin A. Sandoval
  3/14/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  3/15/2006SenateDo Pass Environment & Energy; 011-000-000
  3/15/2006SenatePlaced on Calendar Order of 2nd Reading March 16, 2006
  3/15/2006SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/16/2006SenateSecond Reading
  3/16/2006SenatePlaced on Calendar Order of 3rd Reading March 22, 2006
  3/16/2006SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton
  3/27/2006SenateThird Reading - Passed; 050-000-000
  3/27/2006HousePassed Both Houses
  3/29/2006HouseSent to the Governor
  4/13/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  4/21/2006SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  4/24/2006HouseSent to the Governor
  4/24/2006HouseGovernor Approved
  4/24/2006HouseEffective Date April 24, 2006
  4/24/2006HousePublic Act . . . . . . . . . 94-0732

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