Full Text of SB1597 100th General Assembly
SB1597sam002 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/8/2017
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| 1 | | AMENDMENT TO SENATE BILL 1597
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1597, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by adding Section | 6 | | 5-1184 as follows: | 7 | | (55 ILCS 5/5-1184 new) | 8 | | Sec. 5-1184. Auxiliary containers. | 9 | | (a) As used in this Section: | 10 | | "Auxiliary container" means a bag, carryout bag, cup, | 11 | | bottle, or other packaging that is designed to be reusable or | 12 | | for single use; that is made of cloth, paper, plastic, | 13 | | cardboard, corrugated material, aluminum, glass, extruded | 14 | | polystyrene, postconsumer recycled material, or similar | 15 | | material or substrates, including coated, laminated, or | 16 | | multi-layer substrates; and that is designed for transporting, |
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| 1 | | containing, or protecting merchandise, food, or beverages from | 2 | | a food service or retail establishment. | 3 | | "Biodegradable bag" means a bag that allows microbes, in a | 4 | | controlled environment, to break down the material and meets | 5 | | industry standard specifications according to ASTM D6400 or | 6 | | ASTM D6868 or any bag that claims to break down through any | 7 | | means. | 8 | | "Carryout bag" means a plastic, paper, compostable, or | 9 | | biodegradable bag that is provided by a retail establishment at | 10 | | the checkstand, cash register, point of sale, or other point of | 11 | | departure to a customer for the purpose of transporting goods | 12 | | out of the retail establishment. "Carryout bag" does not | 13 | | include bags used by customers inside stores: to package bulk | 14 | | items, such as fruit, vegetables, nuts, grains, candy; that are | 15 | | used for greeting cards or small hardware items, such as nails | 16 | | and bolts; to contain or wrap frozen foods, meat, or fish, | 17 | | whether prepackaged or not; to contain or wrap flowers or | 18 | | potted plants, or other items where dampness may be a problem; | 19 | | to contain unwrapped prepared foods or bakery goods; to contain | 20 | | prescription drugs; to safeguard public health and safety | 21 | | during the transportation of prepared take-out foods and | 22 | | prepared liquids intended for consumption away from the retail | 23 | | establishment; that are newspaper bags, door-hanger bags, | 24 | | reusable bags, laundry-dry cleaning bags; or that are bags with | 25 | | a retail price of at least $0.50 each. | 26 | | "Compostable" means that the product completely breaks |
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| 1 | | down into a stable product due to the action of microorganisms | 2 | | in a controlled, aerobic commercial process that results in a | 3 | | material safe and desirable as a soil amendment, meets the | 4 | | compost standards under 35 Ill. Adm. Code 830.503, has been | 5 | | found to degrade satisfactorily at the composting facility | 6 | | receiving the material, meets industry standard specification | 7 | | ASTM D6400, and has been certified as compostable by the | 8 | | Biodegradable Products Institute or a similar national or | 9 | | international certification authority. | 10 | | "Restaurant" means any business having sales of | 11 | | ready-to-eat food for immediate consumption comprising at | 12 | | least 51% of total sales excluding the sale of liquor. | 13 | | "Retail establishment" means any person, corporation, | 14 | | partnership, business venture, public sports or entertainment | 15 | | facility, government agency, or organization that sells or | 16 | | provides merchandise, goods, or materials, including, but not | 17 | | limited to, clothing, food, beverages, household goods, or | 18 | | personal items of any kind directly to a customer. "Retail | 19 | | establishment" includes, but is not limited to, department | 20 | | stores, clothing stores, jewelry stores, grocery stores, | 21 | | pharmacies, home improvement stores, liquor stores, | 22 | | convenience stores, gas stations, and farmers markets. "Retail | 23 | | establishment" does not include food banks and other food | 24 | | assistance programs, mobile food delivery, or restaurants. | 25 | | "Reusable bag" means a carryout bag with handles that is | 26 | | provided by a retail establishment at the checkstand, cash |
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| 1 | | register, point of sale, or other point of departure to a | 2 | | customer for the purpose of transporting goods out of the | 3 | | establishment that is specifically designed and manufactured | 4 | | for multiple reuse, has a minimum lifetime capability of 125 or | 5 | | more uses carrying 22 or more pounds over a distance of at | 6 | | least 175 feet, and is capable of being washed so as to be | 7 | | cleaned and disinfected at least 100 times. | 8 | | (b) Except as otherwise provided in this Section, a county | 9 | | may not ban, place a fee or tax on, or regulate in any other | 10 | | manner the use, disposition, content, taxation, or sale of | 11 | | auxiliary containers. | 12 | | (c) A county may regulate carryout bags by imposing a $0.05 | 13 | | fee on each carryout bag used by a customer at retail | 14 | | establishments. The retail establishment shall retain $0.02 of | 15 | | the fee. The retail establishment shall remit the remaining | 16 | | $0.03 of the fee to the Department of Revenue on form ST-1 and | 17 | | the Department of Revenue shall remit the $0.03 to the county | 18 | | where the retailer is located. | 19 | | If a county imposes a fee under this subsection, the county | 20 | | shall use its $0.03 of the fee to contract with: (i) a | 21 | | governmental entity whose primary function is environmental | 22 | | protection and that operates permanent or temporary household | 23 | | hazardous waste facilities; or (ii) a vendor whose primary | 24 | | function is to collect and process permanent or temporary | 25 | | household hazardous waste. If a governmental entity or vendor | 26 | | receives any part of the county's portion of a fee imposed |
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| 1 | | under this Section and contracts with the county to provide a | 2 | | household hazardous waste collection program, the governmental | 3 | | entity or vendor must take back at least the following items: | 4 | | oil-based paints, latex paints, paint thinners, herbicides, | 5 | | insecticides, pesticides, gasoline, pool chemicals, cleaning | 6 | | products, mercury, household batteries, used motor oil, oil | 7 | | filters, drain cleaners, lawn chemicals, solvents, antifreeze, | 8 | | hobby chemicals, aerosol paints, fluorescent lamp bulbs, | 9 | | pharmaceuticals, carpets, and mattresses. | 10 | | (d) A county that charged a fee or tax on auxiliary | 11 | | containers on February 1, 2017 may continue to charge the fee | 12 | | or tax. The county is prohibited from further regulating | 13 | | auxiliary containers, including bags and carryout bags, and | 14 | | from making further changes to the bag fee or bag tax ordinance | 15 | | in effect on February 1, 2017. However, the county may change | 16 | | its regulations to be consistent with this Section or eliminate | 17 | | the fee or tax altogether. | 18 | | (e) A home rule county may not regulate or impose fees or | 19 | | taxes on auxiliary containers in a manner inconsistent with | 20 | | this Section. This Section is a limitation under subsection (i) | 21 | | of Section 6 of Article VII of the Illinois Constitution on the | 22 | | concurrent exercise by home rule units of powers and functions | 23 | | exercised by the State. | 24 | | Section 10. The Illinois Municipal Code is amended by | 25 | | adding Section 11-42-17 as follows: |
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| 1 | | (65 ILCS 5/11-42-17 new) | 2 | | Sec. 11-42-17. Auxiliary containers. | 3 | | (a) As used in this Section: | 4 | | "Auxiliary container" means a bag, carryout bag, cup, | 5 | | bottle, or other packaging that is designed to be reusable or | 6 | | for single use; that is made of cloth, paper, plastic, | 7 | | cardboard, corrugated material, aluminum, glass, extruded | 8 | | polystyrene, postconsumer recycled material, or similar | 9 | | material or substrates, including coated, laminated, or | 10 | | multi-layer substrates; and that is designed for transporting, | 11 | | containing, or protecting merchandise, food, or beverages from | 12 | | a food service or retail establishment. | 13 | | "Biodegradable bag" means a bag that allows microbes, in a | 14 | | controlled environment, to break down the material and meets | 15 | | industry standard specifications according to ASTM D6400 or | 16 | | ASTM D6868 or any bag that claims to break down through any | 17 | | means. | 18 | | "Carryout bag" means a plastic, paper, compostable, or | 19 | | biodegradable bag that is provided by a retail establishment at | 20 | | the checkstand, cash register, point of sale, or other point of | 21 | | departure to a customer for the purpose of transporting goods | 22 | | out of the retail establishment. "Carryout bag" does not | 23 | | include bags used by customers inside stores: to package bulk | 24 | | items, such as fruit, vegetables, nuts, grains, candy; that are | 25 | | used for greeting cards or small hardware items, such as nails |
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| 1 | | and bolts; to contain or wrap frozen foods, meat, or fish, | 2 | | whether prepackaged or not; to contain or wrap flowers or | 3 | | potted plants, or other items where dampness may be a problem; | 4 | | to contain unwrapped prepared foods or bakery goods; to contain | 5 | | prescription drugs; to safeguard public health and safety | 6 | | during the transportation of prepared take-out foods and | 7 | | prepared liquids intended for consumption away from the retail | 8 | | establishment; that are newspaper bags, door-hanger bags, | 9 | | reusable bags, laundry-dry cleaning bags; or that are bags with | 10 | | a retail price of at least $0.50 each. | 11 | | "Compostable" means that the product completely breaks | 12 | | down into a stable product due to the action of microorganisms | 13 | | in a controlled, aerobic commercial process that results in a | 14 | | material safe and desirable as a soil amendment, meets the | 15 | | compost standards under 35 Ill. Adm. Code 830.503, has been | 16 | | found to degrade satisfactorily at the composting facility | 17 | | receiving the material, meets industry standard specification | 18 | | ASTM D6400, and has been certified as compostable by the | 19 | | Biodegradable Products Institute or a similar national or | 20 | | international certification authority. | 21 | | "Restaurant" means any business having sales of | 22 | | ready-to-eat food for immediate consumption comprising at | 23 | | least 51% of total sales excluding the sale of liquor. | 24 | | "Retail establishment" means any person, corporation, | 25 | | partnership, business venture, public sports, or entertainment | 26 | | facility, government agency, or organization that sells or |
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| 1 | | provides merchandise, goods, or materials including, but not | 2 | | limited to, clothing, food, beverages, household goods, or | 3 | | personal items of any kind directly to a customer. "Retail | 4 | | establishment" includes, but is not limited to, department | 5 | | stores, clothing stores, jewelry stores, grocery stores, | 6 | | pharmacies, home improvement stores, liquor stores, | 7 | | convenience stores, gas stations, and farmers markets. "Retail | 8 | | establishment" does not include food banks and other food | 9 | | assistance programs, mobile food delivery, or restaurants. | 10 | | "Reusable bag" means a carryout bag with handles that is | 11 | | provided by a retail establishment at the checkstand, cash | 12 | | register, point of sale, or other point of departure to a | 13 | | customer for the purpose of transporting goods out of the | 14 | | establishment that is specifically designed and manufactured | 15 | | for multiple reuse, has a minimum lifetime capability of 125 or | 16 | | more uses carrying 22 or more pounds over a distance of at | 17 | | least 175 feet, and is capable of being washed so as to be | 18 | | cleaned and disinfected at least 100 times. | 19 | | (b) Except as otherwise provided in this Section, a | 20 | | municipality may not ban, place a fee or tax on, or regulate in | 21 | | any other manner the use, disposition, content, taxation, or | 22 | | sale of auxiliary containers except as provided for in this | 23 | | Section. | 24 | | (c) A municipality may regulate carryout bags by imposing a | 25 | | $0.05 fee on each carryout bag used by a customer at retail | 26 | | establishments. The retail establishment shall retain $0.02 of |
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| 1 | | the fee. The retail establishment shall remit the remaining | 2 | | $0.03 of the fee to the Department of Revenue on form ST-1 and | 3 | | the Department of Revenue shall remit the $0.03 to the | 4 | | municipality where the retailer is located. | 5 | | If a municipality imposes a fee under this subsection, the | 6 | | municipality shall use its $0.03 of the fee to contract with: | 7 | | (i) a governmental entity whose primary function is | 8 | | environmental protection and that operates permanent or | 9 | | temporary household hazardous waste facilities; or (ii) a | 10 | | vendor whose primary function is to collect and process | 11 | | permanent or temporary household hazardous waste. If a | 12 | | governmental entity or vendor receives any part of the | 13 | | municipality's portion of a fee imposed under this Section and | 14 | | contracts with the municipality to provide a household | 15 | | hazardous waste collection program, the governmental entity or | 16 | | vendor must take back at least the following items: oil-based | 17 | | paints, latex paints, paint thinners, herbicides, | 18 | | insecticides, pesticides, gasoline, pool chemicals, cleaning | 19 | | products, mercury, household batteries, used motor oil, oil | 20 | | filters, drain cleaners, lawn chemicals, solvents, antifreeze, | 21 | | hobby chemicals, aerosol paints, fluorescent lamp bulbs, | 22 | | pharmaceuticals, carpets, and mattresses. | 23 | | (d) A municipality that charged a fee or tax on auxiliary | 24 | | containers on February 1, 2017 may continue to charge the fee | 25 | | or tax. The municipality is prohibited from further regulating | 26 | | auxiliary containers, including bags and carryout bags, and |
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| 1 | | from making further changes to the bag fee or bag tax ordinance | 2 | | in effect on February 1, 2017. However, the municipality may | 3 | | change its regulations to be consistent with this Section or | 4 | | eliminate the fee or tax altogether. | 5 | | (e) A home rule municipality may not regulate or impose | 6 | | fees or taxes on auxiliary containers in a manner inconsistent | 7 | | with this Section. This Section is a limitation under | 8 | | subsection (i) of Section 6 of Article VII of the Illinois | 9 | | Constitution on the concurrent exercise by home rule units of | 10 | | powers and functions exercised by the State. ".
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