Illinois General Assembly - Full Text of SB1597
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1597  100th General Assembly

SB1597sam003 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/23/2018

 

 


 

 


 
10000SB1597sam003LRB100 08906 AWJ 38677 a

1
AMENDMENT TO SENATE BILL 1597

2    AMENDMENT NO. ______. Amend Senate Bill 1597, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Carryout Bag Fee Act.
 
7    Section 5. Definition. As used in this Act, "carryout bag"
8has the meaning given to that term in Section 5-1184 of the
9Counties Code.
 
10    Section 10. Carryout Bag Fee Fund.
11    (a) The Carryout Bag Fee Fund is created as a new fund in
12the State treasury. Moneys in the Fund shall be used as
13provided in this Act.
14    (b) Notwithstanding any other provision of law, the
15Carryout Bag Fee Fund is not subject to sweeps, administrative

 

 

10000SB1597sam003- 2 -LRB100 08906 AWJ 38677 a

1charges or chargebacks, or any other fiscal or budgetary
2maneuver that would in any way transfer any funds from the
3Carryout Bag Fee Fund into any other fund of the State.
 
4    Section 15. Payment of carryout bag fee required. A
5carryout bag fee of $0.05 is imposed on each carryout bag used
6by a customer at retail establishments located within Illinois.
7The retail establishment shall retain $0.02 of the fee. The
8retail establishment shall remit the remaining $0.03 of the fee
9to the Department of Revenue on form ST-1. The Department shall
10deposit $0.02 into the Carryout Bag Fee Fund and $0.01 into the
11General Revenue Fund. The Department of Revenue shall monthly
12remit the $0.02 of each fee from the Carryout Bag Fee Fund to
13the county where the retail establishment is located, except
14that if a municipal joint action agency is located within the
15county where the retail establishment is located, the
16Department of Revenue shall monthly remit to the municipal
17joint action agency a portion of the fee to the municipal joint
18action agency based on the location of retail establishments
19within the municipal joint action agency.
 
20    Section 20. Use of the carryout bag fee by counties and
21municipal joint action agencies. The county or municipal joint
22action agency shall use the revenue received from the carryout
23bag fee to fund the implementation of the county's or municipal
24joint action agency's solid waste management plan developed and

 

 

10000SB1597sam003- 3 -LRB100 08906 AWJ 38677 a

1approved pursuant to the Solid Waste Planning and Recycling
2Act, which may include entering into a contract with a person
3who can assist the county with implementing its solid waste
4management plan. If funds are available after implementing the
5solid waste management plan, then the fee may also be used for
6funding grants to encourage market development for recyclables
7and compost, to collect and manage household hazardous waste,
8to develop a carryout bag and plastic film recycling program,
9and to educate residents and businesses on source reduction,
10reuse, recycling, and composting programs.
 
11    Section 25. Exemption. The carryout bag fee does not apply
12to the retail sale or use of carryout bags that are used to
13carry items purchased pursuant to the Supplemental Nutrition
14Assistance Program or a similar governmental food assistance
15program.
 
16    Section 30. Incorporation by reference. All of the
17provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 6,
186a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'
19Occupation Tax Act that are not inconsistent with this Act, and
20all provisions of the Uniform Penalty and Interest Act shall
21apply, as far as practicable, to the subject matter of this Act
22to the same extent as if such provisions were included in this
23Act.
 

 

 

10000SB1597sam003- 4 -LRB100 08906 AWJ 38677 a

1    Section 900. The State Finance Act is amended by adding
2Section 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
65-1184 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,
11bottle, or other packaging that is designed to be reusable or
12for single use; that is made of cloth, paper, plastic,
13cardboard, corrugated material, aluminum, glass, extruded
14polystyrene, postconsumer recycled material, or similar
15material or substrates, including coated, laminated, or
16multi-layer substrates; and that is designed for transporting,
17containing, or protecting merchandise, food, or beverages from
18a food service or retail establishment.
19    "Carryout bag" means a plastic, paper, or compostable bag
20that is provided by a retail establishment at the checkstand,
21cash register, point of sale, or other point of departure to a
22customer for the purpose of transporting goods out of the
23retail establishment. "Carryout bag" does not include bags used

 

 

10000SB1597sam003- 5 -LRB100 08906 AWJ 38677 a

1by customers inside stores: to package bulk items, such as
2fruit, vegetables, nuts, grains, candy; that are used for
3greeting cards or small hardware items, such as nails and
4bolts; to contain or wrap frozen foods, meat, or fish, whether
5prepackaged or not; to contain or wrap flowers or potted
6plants, or other items where dampness may be a problem; to
7contain unwrapped prepared foods or bakery goods; to contain
8prescription drugs; to safeguard public health and safety
9during the transportation of prepared take-out foods and
10prepared liquids intended for consumption away from the retail
11establishment; that are newspaper bags, door-hanger bags,
12reusable bags, laundry-dry cleaning bags; or that are bags with
13a retail price of at least $0.50 each.
14    "Restaurant" means any business having sales of
15ready-to-eat food for immediate consumption comprising at
16least 51% of total sales excluding the sale of liquor.
17    "Retail establishment" means any person, corporation,
18partnership, business venture, public sports or entertainment
19facility, government agency, or organization that sells or
20provides merchandise, goods, or materials, including, but not
21limited to, clothing, food, beverages, household goods, or
22personal items of any kind directly to a customer. "Retail
23establishment" includes, but is not limited to, department
24stores, clothing stores, jewelry stores, grocery stores,
25pharmacies, home improvement stores, liquor stores,
26convenience stores, gas stations, and farmers markets. "Retail

 

 

10000SB1597sam003- 6 -LRB100 08906 AWJ 38677 a

1establishment" does not include food banks and other food
2assistance programs, mobile food delivery, or restaurants.
3    "Reusable bag" means a carryout bag with handles that is
4provided by a retail establishment at the checkstand, cash
5register, point of sale, or other point of departure to a
6customer for the purpose of transporting goods out of the
7establishment that is specifically designed and manufactured
8for multiple reuse, has a minimum lifetime capability of 125 or
9more uses carrying 22 or more pounds over a distance of at
10least 175 feet, and is capable of being washed so as to be
11cleaned and disinfected at least 100 times.
12    (b) Except as otherwise provided in this Section, a county
13may not ban, place a fee or tax on, or regulate in any other
14manner the use, disposition, content, taxation, or sale of
15auxiliary containers.
16    (c) Subsection (b) may not be construed to prohibit or
17restrict 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
25containers on February 1, 2018 may continue to charge the fee
26or tax. The county is prohibited from further regulating

 

 

10000SB1597sam003- 7 -LRB100 08906 AWJ 38677 a

1auxiliary containers, including bags and carryout bags, and
2from making further changes to the bag fee or bag tax ordinance
3in effect on February 1, 2018. However, the county may change
4its regulations to be consistent with this Section or eliminate
5the fee or tax altogether.
6    (e) A home rule county may not regulate or impose fees or
7taxes on auxiliary containers in a manner inconsistent with
8this Section. This Section is a limitation under subsection (i)
9of Section 6 of Article VII of the Illinois Constitution on the
10concurrent exercise by home rule units of powers and functions
11exercised by the State.
 
12    Section 910. The Illinois Municipal Code is amended by
13adding 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,
18bottle, or other packaging that is designed to be reusable or
19for single use; that is made of cloth, paper, plastic,
20cardboard, corrugated material, aluminum, glass, extruded
21polystyrene, postconsumer recycled material, or similar
22material or substrates, including coated, laminated, or
23multi-layer substrates; and that is designed for transporting,
24containing, or protecting merchandise, food, or beverages from

 

 

10000SB1597sam003- 8 -LRB100 08906 AWJ 38677 a

1a food service or retail establishment.
2    "Carryout bag" means a plastic, paper, or compostable bag
3that is provided by a retail establishment at the checkstand,
4cash register, point of sale, or other point of departure to a
5customer for the purpose of transporting goods out of the
6retail establishment. "Carryout bag" does not include bags used
7by customers inside stores: to package bulk items, such as
8fruit, vegetables, nuts, grains, candy; that are used for
9greeting cards or small hardware items, such as nails and
10bolts; to contain or wrap frozen foods, meat, or fish, whether
11prepackaged or not; to contain or wrap flowers or potted
12plants, or other items where dampness may be a problem; to
13contain unwrapped prepared foods or bakery goods; to contain
14prescription drugs; to safeguard public health and safety
15during the transportation of prepared take-out foods and
16prepared liquids intended for consumption away from the retail
17establishment; that are newspaper bags, door-hanger bags,
18reusable bags, laundry-dry cleaning bags; or that are bags with
19a retail price of at least $0.50 each.
20    "Restaurant" means any business having sales of
21ready-to-eat food for immediate consumption comprising at
22least 51% of total sales excluding the sale of liquor.
23    "Retail establishment" means any person, corporation,
24partnership, business venture, public sports, or entertainment
25facility, government agency, or organization that sells or
26provides merchandise, goods, or materials including, but not

 

 

10000SB1597sam003- 9 -LRB100 08906 AWJ 38677 a

1limited to, clothing, food, beverages, household goods, or
2personal items of any kind directly to a customer. "Retail
3establishment" includes, but is not limited to, department
4stores, clothing stores, jewelry stores, grocery stores,
5pharmacies, home improvement stores, liquor stores,
6convenience stores, gas stations, and farmers markets. "Retail
7establishment" does not include food banks and other food
8assistance programs, mobile food delivery, or restaurants.
9    "Reusable bag" means a carryout bag with handles that is
10provided by a retail establishment at the checkstand, cash
11register, point of sale, or other point of departure to a
12customer for the purpose of transporting goods out of the
13establishment that is specifically designed and manufactured
14for multiple reuse, has a minimum lifetime capability of 125 or
15more uses carrying 22 or more pounds over a distance of at
16least 175 feet, and is capable of being washed so as to be
17cleaned and disinfected at least 100 times.
18    (b) Except as otherwise provided in this Section, a
19municipality may not ban, place a fee or tax on, or regulate in
20any other manner the use, disposition, content, taxation, or
21sale of auxiliary containers except as provided for in this
22Section.
23    (c) Subsection (b) may not be construed to prohibit or
24restrict any of the following:
25        (1) A curbside recycling program.
26        (2) A designated residential or commercial recycling

 

 

10000SB1597sam003- 10 -LRB100 08906 AWJ 38677 a

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
6containers on February 1, 2018 may continue to charge the fee
7or tax. The municipality is prohibited from further regulating
8auxiliary containers, including bags and carryout bags, and
9from making further changes to the bag fee or bag tax ordinance
10in effect on February 1, 2018. However, the municipality may
11change its regulations to be consistent with this Section or
12eliminate the fee or tax altogether.
13    (e) A home rule municipality may not regulate or impose
14fees or taxes on auxiliary containers in a manner inconsistent
15with this Section. This Section is a limitation under
16subsection (i) of Section 6 of Article VII of the Illinois
17Constitution on the concurrent exercise by home rule units of
18powers and functions exercised by the State.".