Illinois 94th Regular Session Status: Enacted

HB 433 — EPA - ASBESTOS DUMPING

Last action — Public Act . . . . . . . . . 94-0286

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2005. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Provides that the disposal of asbestos containing material in violation of certain federal regulations is a Class 4 felony (now, improper removal of asbestos is felony, while there is no criminal sanction under the Act for dumping asbestos). Effective immediately.

Bill Text

What changed in the latest version

148 added · 151 removed

Plain-language change summary

The amendment to Bill HB 433 made a few key changes regarding regulations related to asbestos. Specifically, the language was altered to drop references to "federal asbestos regulations" and instead lists specific provisions of the Code of Federal Regulations related to asbestos emissions and waste disposal. This clarification is important as it outlines exact compliance requirements, which can help enforce the law more effectively and hold violators accountable with clearer fines and penalties.

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HB0433 Engrossed LRB094 06726 RSP 36825 b AN ACT concerning safety.
HB0433 Enrolled LRB094 06726 RSP 36825 b AN ACT concerning safety.
In addition to any other penalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject HB0433 Engrossed - 2 - LRB094 06726 RSP 36825 b to a fine not to exceed $500,000 for each day of such offense.
In addition to any other penalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject HB0433 Enrolled - 2 - LRB094 06726 RSP 36825 b to a fine not to exceed $500,000 for each day of such offense.
A person who is convicted of a violation of subdivision (1)(D) is guilty of a Class A HB0433 Engrossed - 3 - LRB094 06726 RSP 36825 b misdemeanor.
A person who is convicted of a violation of subdivision (1)(D) is guilty of a Class A HB0433 Enrolled - 3 - LRB094 06726 RSP 36825 b misdemeanor.
In addition to any other penalties prescribed by law, a person convicted of the offense of Reckless Disposal HB0433 Engrossed - 4 - LRB094 06726 RSP 36825 b of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
In addition to any other penalties prescribed by law, a person convicted of the offense of Reckless Disposal HB0433 Enrolled - 4 - LRB094 06726 RSP 36825 b of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
A second or any subsequent offense after a HB0433 Engrossed - 5 - LRB094 06726 RSP 36825 b conviction hereunder is a Class 3 felony.
A second or any subsequent offense after a HB0433 Enrolled - 5 - LRB094 06726 RSP 36825 b conviction hereunder is a Class 3 felony.
(2) Each request for money from the Underground Storage Tank Fund shall contain an affirmation that the facts are HB0433 Engrossed - 6 - LRB094 06726 RSP 36825 b true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 1961.
(2) Each request for money from the Underground Storage Tank Fund shall contain an affirmation that the facts are HB0433 Enrolled - 6 - LRB094 06726 RSP 36825 b true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 1961.
or (K) Federal asbestos regulations, including:
or (K) a provision of the Procedures for Asbestos Emission Control in subsection (c) of Section 61.145 of Title 40 of the Code of Federal Regulations;
(i) a provision of the Procedures for Asbestos Emission Control in subsection (c) of Section 61.145 of Title 40 of the Code of Federal Regulations, or (ii) a standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations in Section 61.150 of Title 40 of the Code of Federal Regulations.
or .
(2) A person convicted of a violation of subdivision HB0433 Engrossed - 7 - LRB094 06726 RSP 36825 b (1) of this subsection commits a Class 4 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of such violation.
(L) the standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations in Section 61.150 of Title 40 of the Code of Federal Regulations.
(2) A person convicted of a violation of subdivision (1) of this subsection commits a Class 4 felony, and in HB0433 Enrolled - 7 - LRB094 06726 RSP 36825 b addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of such violation.
(D) render inaccurate any monitoring device or record required by the Agency or Board in connection with any CAAPP permit or with any emission which is HB0433 Engrossed - 8 - LRB094 06726 RSP 36825 b subject to the provisions of Section 39.5 of this Act;
(D) render inaccurate any monitoring device or record required by the Agency or Board in connection with any CAAPP permit or with any emission which is subject to the provisions of Section 39.5 of this Act;
or (E) violate subsection 6 of Section 39.5 of this Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement.
HB0433 Enrolled - 8 - LRB094 06726 RSP 36825 b or (E) violate subsection 6 of Section 39.5 of this Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement.
(3) For the purpose of this subsection (k), the term "hazardous waste or PCB incinerator" means a pollution HB0433 Engrossed - 9 - LRB094 06726 RSP 36825 b control facility at which either hazardous waste or PCBs, or both, are incinerated.
(3) For the purpose of this subsection (k), the term "hazardous waste or PCB incinerator" means a pollution control facility at which either hazardous waste or PCBs, HB0433 Enrolled - 9 - LRB094 06726 RSP 36825 b or both, are incinerated.
(2) (A) A person who is convicted of a violation of HB0433 Engrossed - 10 - LRB094 06726 RSP 36825 b item (A) of subdivision (1) of this subsection is guilty of a Class 4 felony for a first offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation.
(2) (A) A person who is convicted of a violation of item (A) of subdivision (1) of this subsection is HB0433 Enrolled - 10 - LRB094 06726 RSP 36825 b guilty of a Class 4 felony for a first offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation.
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Action History

  1. Public Act . . . . . . . . . 94-0286

  2. Effective Date July 21, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 113-000-001

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. George Scully, Jr.

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 058-000-000

  13. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  14. Placed on Calendar Order of 3rd Reading May 5, 2005

  15. Second Reading

  16. Placed on Calendar Order of 2nd Reading April 21, 2005

  17. Do Pass as Amended Environment & Energy; 009-000-000

  18. Senate Committee Amendment No. 1 Adopted

  19. Senate Committee Amendment No. 1 Rules Refers to Environment & Energy

  20. Senate Committee Amendment No. 1 Referred to Rules

  21. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

  22. Assigned to Environment & Energy

  23. Added Co-Sponsor Rep. Robin Kelly

  24. Added Co-Sponsor Rep. Karen A. Yarbrough

  25. Added Co-Sponsor Rep. Brandon W. Phelps

  26. State Debt Impact Note Filed from the Commission on Government Forecasting and Accountability

  27. Housing Affordability Impact Note Filed from the Illinois Housing Development Authority

  28. Referred to Rules

  29. First Reading

  30. Chief Senate Sponsor Sen. Kwame Raoul

  31. Added Co-Sponsor Rep. Mike Boland

  32. Placed on Calendar Order of First Reading February 23, 2005

  33. Arrive in Senate

  34. Added Co-Sponsor Rep. Linda Chapa LaVia

  35. Added Chief Co-Sponsor Rep. Jack D. Franks

  36. Third Reading - Short Debate - Passed 115-000-000

  37. Fiscal Note Filed

  38. Placed on Calendar Order of 3rd Reading - Short Debate

  39. Second Reading - Short Debate

  40. Added Chief Co-Sponsor Rep. Deborah L. Graham

  41. Added Chief Co-Sponsor Rep. Karen May

  42. Placed on Calendar 2nd Reading - Short Debate

  43. Do Pass / Short Debate Environment & Energy Committee; 022-000-000

  44. Added Chief Co-Sponsor Rep. Elaine Nekritz

  45. Assigned to Environment & Energy Committee

  46. Referred to Rules Committee

  47. First Reading

  48. Filed with the Clerk by Rep. George Scully, Jr.

Sponsors

  • Jr. George Scully · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • George Scully, Jr.

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 8001
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Molaro — Yea
Giles — Yea
Granberg — Yea
Myers — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
May — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
McGuire — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Bradley, John — Yea
Nekritz — Yea
Bradley, Richard — Yea
Osmond — Yea
Brady — Yea
Parke — Yea
Sacia — Yea
Soto — Yea
Tenhouse — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Howard — Yea
Yarbrough — Yea
Watson — Yea
Jones — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Krause — Yea
Davis, Monique — Yea
Madigan — Yea
McKeon — Not Voting
Younge — Not Voting
Cultra — Not Voting
Daniels — Yea
Dunkin — Not Voting
Kosel — Yea
Osterman — Yea
Patterson — Yea
Phelps — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Meeks — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Clayborne — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Lauzen — Yea
Jacobs — Yea
Link — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Luechtefeld — Yea
Demuzio — Yea
Radogno — Yea
Raoul — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Cronin — Yea
Crotty — Yea
Dahl — Not Voting
DeLeo — Yea
Dillard — Yea
Forby — Yea
Pankau — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 104002
Democrat 8001
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sacia — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Colvin — Yea
Coulson — Yea
Moffitt — Yea
Gordon — Yea
Munson — Yea
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lang — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
Pihos — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Madigan — Yea
McCarthy — Yea
McKeon — Yea
Meyer — Yea
Millner — Yea
Bradley, John — Yea
Molaro — Yea
Bradley, Richard — Yea
Mulligan — Yea
Brady — Yea
Myers — Yea
Nekritz — Yea
Parke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Saviano — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Watson — Yea
Jones — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Davis, Monique — Yea
McGuire — Not Voting
Krause — Yea
Tenhouse — Not Voting
Kosel — Yea
Osterman — Yea
Patterson — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 433 do?
Amends the Environmental Protection Act. Provides that the disposal of asbestos containing material in violation of certain federal regulations is a Class 4 felony (now, improper removal of asbestos is felony, while there is no criminal sanction under the Act for dumping asbestos). Effective immediately.
Who sponsors HB 433?
HB 433 is sponsored by George Scully, Jr..
What is the current status of HB 433?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track HB 433?
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