Full Text of SB1597 100th General Assembly
SB1597sam003 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/23/2018
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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 1. Short title. This Act may be cited as the | 6 | | Carryout Bag Fee Act. | 7 | | Section 5. Definition. As used in this Act, "carryout bag" | 8 | | has the meaning given to that term in Section 5-1184 of the | 9 | | Counties Code. | 10 | | Section 10. Carryout Bag Fee Fund.
| 11 | | (a) The Carryout Bag Fee Fund is created as a new fund in | 12 | | the State treasury. Moneys in the Fund shall be used as | 13 | | provided in this Act.
| 14 | | (b) Notwithstanding any other provision of law, the | 15 | | Carryout Bag Fee Fund is not subject to sweeps, administrative |
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| 1 | | charges or chargebacks, or any other fiscal or budgetary | 2 | | maneuver that would in any way transfer any funds from the | 3 | | Carryout Bag Fee Fund into any other fund of the State.
| 4 | | Section 15. Payment of carryout bag fee required. A | 5 | | carryout bag fee of $0.05 is imposed on each carryout bag used | 6 | | by a customer at retail establishments located within Illinois. | 7 | | The retail establishment shall retain $0.02 of the fee. The | 8 | | retail establishment shall remit the remaining $0.03 of the fee | 9 | | to the Department of Revenue on form ST-1. The Department shall | 10 | | deposit $0.02 into the Carryout Bag Fee Fund and $0.01 into the | 11 | | General Revenue Fund. The Department of Revenue shall monthly | 12 | | remit the $0.02 of each fee from the Carryout Bag Fee Fund to | 13 | | the county where the retail establishment is located, except | 14 | | that if a municipal joint action agency is located within the | 15 | | county where the retail establishment is located, the | 16 | | Department of Revenue shall monthly remit to the municipal | 17 | | joint action agency a portion of the fee to the municipal joint | 18 | | action agency based on the location of retail establishments | 19 | | within the municipal joint action agency. | 20 | | Section 20. Use of the carryout bag fee by counties and | 21 | | municipal joint action agencies. The county or municipal joint | 22 | | action agency shall use the revenue received from the carryout | 23 | | bag fee to fund the implementation of the county's or municipal | 24 | | joint action agency's solid waste management plan developed and |
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| 1 | | approved pursuant to the Solid Waste Planning and Recycling | 2 | | Act, which may include entering into a contract with a person | 3 | | who can assist the county with implementing its solid waste | 4 | | management plan. If funds are available after implementing the | 5 | | solid waste management plan, then the fee may also be used for | 6 | | funding grants to encourage market development for recyclables | 7 | | and compost, to collect and manage household hazardous waste, | 8 | | to develop a carryout bag and plastic film recycling program, | 9 | | and to educate residents and businesses on source reduction, | 10 | | reuse, recycling, and composting programs. | 11 | | Section 25. Exemption. The carryout bag fee does not apply | 12 | | to the retail sale or use of carryout bags that are used to | 13 | | carry items purchased pursuant to the Supplemental Nutrition | 14 | | Assistance Program or a similar governmental food assistance | 15 | | program. | 16 | | Section 30. Incorporation by reference. All of the | 17 | | provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 6, | 18 | | 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' | 19 | | Occupation Tax Act that are not inconsistent with this Act, and | 20 | | all provisions of the Uniform Penalty and Interest Act shall | 21 | | apply, as far as practicable, to the subject matter of this Act | 22 | | to the same extent as if such provisions were included in this | 23 | | Act. |
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| 1 | | Section 900. The State Finance Act is amended by adding | 2 | | Section 5.886 as follows: | 3 | | (30 ILCS 105/5.886 new) | 4 | | Sec. 5.886. The Carryout Bag Fee Fund. | 5 | | Section 905. 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, | 17 | | containing, or protecting merchandise, food, or beverages from | 18 | | a food service or retail establishment. | 19 | | "Carryout bag" means a plastic, paper, or compostable bag | 20 | | that is provided by a retail establishment at the checkstand, | 21 | | cash register, point of sale, or other point of departure to a | 22 | | customer for the purpose of transporting goods out of the | 23 | | retail establishment. "Carryout bag" does not include bags used |
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| 1 | | by customers inside stores: to package bulk items, such as | 2 | | fruit, vegetables, nuts, grains, candy; that are used for | 3 | | greeting cards or small hardware items, such as nails and | 4 | | bolts; to contain or wrap frozen foods, meat, or fish, whether | 5 | | prepackaged or not; to contain or wrap flowers or potted | 6 | | plants, or other items where dampness may be a problem; to | 7 | | contain unwrapped prepared foods or bakery goods; to contain | 8 | | prescription drugs; to safeguard public health and safety | 9 | | during the transportation of prepared take-out foods and | 10 | | prepared liquids intended for consumption away from the retail | 11 | | establishment; that are newspaper bags, door-hanger bags, | 12 | | reusable bags, laundry-dry cleaning bags; or that are bags with | 13 | | a retail price of at least $0.50 each. | 14 | | "Restaurant" means any business having sales of | 15 | | ready-to-eat food for immediate consumption comprising at | 16 | | least 51% of total sales excluding the sale of liquor. | 17 | | "Retail establishment" means any person, corporation, | 18 | | partnership, business venture, public sports or entertainment | 19 | | facility, government agency, or organization that sells or | 20 | | provides merchandise, goods, or materials, including, but not | 21 | | limited to, clothing, food, beverages, household goods, or | 22 | | personal items of any kind directly to a customer. "Retail | 23 | | establishment" includes, but is not limited to, department | 24 | | stores, clothing stores, jewelry stores, grocery stores, | 25 | | pharmacies, home improvement stores, liquor stores, | 26 | | convenience stores, gas stations, and farmers markets. "Retail |
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| 1 | | establishment" does not include food banks and other food | 2 | | assistance programs, mobile food delivery, or restaurants. | 3 | | "Reusable bag" means a carryout bag with handles that is | 4 | | provided by a retail establishment at the checkstand, cash | 5 | | register, point of sale, or other point of departure to a | 6 | | customer for the purpose of transporting goods out of the | 7 | | establishment that is specifically designed and manufactured | 8 | | for multiple reuse, has a minimum lifetime capability of 125 or | 9 | | more uses carrying 22 or more pounds over a distance of at | 10 | | least 175 feet, and is capable of being washed so as to be | 11 | | cleaned and disinfected at least 100 times. | 12 | | (b) Except as otherwise provided in this Section, a county | 13 | | may not ban, place a fee or tax on, or regulate in any other | 14 | | manner the use, disposition, content, taxation, or sale of | 15 | | auxiliary containers. | 16 | | (c) Subsection (b) may not be construed to prohibit or | 17 | | restrict any of the following: | 18 | | (1) A curbside recycling program. | 19 | | (2) A designated residential or commercial recycling | 20 | | location. | 21 | | (3) A commercial recycling program. | 22 | | (4) The use of auxiliary containers on property owned | 23 | | by a unit of local government. | 24 | | (d) A county that charged a fee or tax on auxiliary | 25 | | containers on February 1, 2018 may continue to charge the fee | 26 | | or tax. The county is prohibited from further regulating |
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| 1 | | auxiliary containers, including bags and carryout bags, and | 2 | | from making further changes to the bag fee or bag tax ordinance | 3 | | in effect on February 1, 2018. However, the county may change | 4 | | its regulations to be consistent with this Section or eliminate | 5 | | the fee or tax altogether. | 6 | | (e) A home rule county may not regulate or impose fees or | 7 | | taxes on auxiliary containers in a manner inconsistent with | 8 | | this Section. This Section is a limitation under subsection (i) | 9 | | of Section 6 of Article VII of the Illinois Constitution on the | 10 | | concurrent exercise by home rule units of powers and functions | 11 | | exercised by the State. | 12 | | Section 910. The Illinois Municipal Code is amended by | 13 | | adding Section 11-42-17 as follows: | 14 | | (65 ILCS 5/11-42-17 new) | 15 | | Sec. 11-42-17. Auxiliary containers. | 16 | | (a) As used in this Section: | 17 | | "Auxiliary container" means a bag, carryout bag, cup, | 18 | | bottle, or other packaging that is designed to be reusable or | 19 | | for single use; that is made of cloth, paper, plastic, | 20 | | cardboard, corrugated material, aluminum, glass, extruded | 21 | | polystyrene, postconsumer recycled material, or similar | 22 | | material or substrates, including coated, laminated, or | 23 | | multi-layer substrates; and that is designed for transporting, | 24 | | containing, or protecting merchandise, food, or beverages from |
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| 1 | | a food service or retail establishment. | 2 | | "Carryout bag" means a plastic, paper, or compostable bag | 3 | | that is provided by a retail establishment at the checkstand, | 4 | | cash register, point of sale, or other point of departure to a | 5 | | customer for the purpose of transporting goods out of the | 6 | | retail establishment. "Carryout bag" does not include bags used | 7 | | by customers inside stores: to package bulk items, such as | 8 | | fruit, vegetables, nuts, grains, candy; that are used for | 9 | | greeting cards or small hardware items, such as nails and | 10 | | bolts; to contain or wrap frozen foods, meat, or fish, whether | 11 | | prepackaged or not; to contain or wrap flowers or potted | 12 | | plants, or other items where dampness may be a problem; to | 13 | | contain unwrapped prepared foods or bakery goods; to contain | 14 | | prescription drugs; to safeguard public health and safety | 15 | | during the transportation of prepared take-out foods and | 16 | | prepared liquids intended for consumption away from the retail | 17 | | establishment; that are newspaper bags, door-hanger bags, | 18 | | reusable bags, laundry-dry cleaning bags; or that are bags with | 19 | | a retail price of at least $0.50 each. | 20 | | "Restaurant" means any business having sales of | 21 | | ready-to-eat food for immediate consumption comprising at | 22 | | least 51% of total sales excluding the sale of liquor. | 23 | | "Retail establishment" means any person, corporation, | 24 | | partnership, business venture, public sports, or entertainment | 25 | | facility, government agency, or organization that sells or | 26 | | provides merchandise, goods, or materials including, but not |
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| 1 | | limited to, clothing, food, beverages, household goods, or | 2 | | personal items of any kind directly to a customer. "Retail | 3 | | establishment" includes, but is not limited to, department | 4 | | stores, clothing stores, jewelry stores, grocery stores, | 5 | | pharmacies, home improvement stores, liquor stores, | 6 | | convenience stores, gas stations, and farmers markets. "Retail | 7 | | establishment" does not include food banks and other food | 8 | | assistance programs, mobile food delivery, or restaurants. | 9 | | "Reusable bag" means a carryout bag with handles that is | 10 | | provided by a retail establishment at the checkstand, cash | 11 | | register, point of sale, or other point of departure to a | 12 | | customer for the purpose of transporting goods out of the | 13 | | establishment that is specifically designed and manufactured | 14 | | for multiple reuse, has a minimum lifetime capability of 125 or | 15 | | more uses carrying 22 or more pounds over a distance of at | 16 | | least 175 feet, and is capable of being washed so as to be | 17 | | cleaned and disinfected at least 100 times. | 18 | | (b) Except as otherwise provided in this Section, a | 19 | | municipality may not ban, place a fee or tax on, or regulate in | 20 | | any other manner the use, disposition, content, taxation, or | 21 | | sale of auxiliary containers except as provided for in this | 22 | | Section. | 23 | | (c) Subsection (b) may not be construed to prohibit or | 24 | | restrict any of the following: | 25 | | (1) A curbside recycling program. | 26 | | (2) A designated residential or commercial recycling |
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| 1 | | location. | 2 | | (3) A commercial recycling program. | 3 | | (4) The use of auxiliary containers on property owned | 4 | | by a unit of local government. | 5 | | (d) A municipality that charged a fee or tax on auxiliary | 6 | | containers on February 1, 2018 may continue to charge the fee | 7 | | or tax. The municipality is prohibited from further regulating | 8 | | auxiliary containers, including bags and carryout bags, and | 9 | | from making further changes to the bag fee or bag tax ordinance | 10 | | in effect on February 1, 2018. However, the municipality may | 11 | | change its regulations to be consistent with this Section or | 12 | | eliminate the fee or tax altogether. | 13 | | (e) A home rule municipality may not regulate or impose | 14 | | fees or taxes on auxiliary containers in a manner inconsistent | 15 | | with this Section. This Section is a limitation under | 16 | | subsection (i) of Section 6 of Article VII of the Illinois | 17 | | Constitution on the concurrent exercise by home rule units of | 18 | | powers and functions exercised by the State. ".
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