HB4831 103RD GENERAL ASSEMBLY

LRB103 38457 BDA 68593 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4831

Introduced 2/7/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Small Single-Use Plastic Act. Prohibits hotels from providing small, single-use plastic bottles containing personal care products, except upon request. Provides for a $500 civil penalty after a first written warning. Provides for enforcement by the Attorney General, a State's Attorney, or a municipal attorney. Grants the Attorney General rule-making authority. Preempts home rule. Defines terms.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Small Single-Use Plastic Act.

Section 5. Definitions. As used in this Act:

"Hotel" has the same meaning ascribed to it in the Hotel Operators' Occupation Tax Act.

"Personal care products" means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap.

"Small, single-use plastic bottle" means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user

Section 10. Small, single-use plastic bottles at hotels.

(a) Beginning July 1, 2025, a hotel with 50 rooms or more shall not provide small, single-use plastic bottles containing personal care products in any space within a sleeping room accommodation, within bathrooms shared by the public or guests, or to a customer of the establishment staying in a sleeping room accommodation.

(b) Beginning January 1, 2026, a hotel shall not provide small, single-use plastic bottles containing personal care products in any space within a sleeping room accommodation, within bathrooms shared by the public or guests, or to a customer of the establishment staying in a sleeping room accommodation.

(c) A hotel may provide personal care products in small, single-use plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests.

(d) A unit of government, including a Home Rule unit, shall not pass an ordinance, resolution, or rule prohibiting a hotel from providing small, single use plastic bottles containing personal care products to customers. This Act is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

Section 15. Civil penalties.

(a) A hotel in violation of this Act shall receive a written warning for the first violation from the Office of the Attorney General, a State's Attorney, or a municipal attorney. The written warning shall recite the violation and advise that subsequent violations may result in citations and penalties. Upon a second or subsequent violation, the hotel may be liable for a civil penalty of $500 for each violation after an action under subsection (b).

(b) The Attorney General, a State's Attorney, or municipal attorney may bring an action to request a civil penalty and a court may impose a civil penalty under this Section against a hotel violating this Act.

(c) The Attorney General shall adopt rules to implement this Section, including rules establishing jurisdictional authority over violations between the Attorney General, State's Attorneys, and municipal attorneys.