SB3442ham001 97TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 5/17/2012

09700SB3442ham001 LRB097 17154 JDS 69656 a

AMENDMENT TO SENATE BILL 3442

AMENDMENT NO. ______. Amend Senate Bill 3442 as follows:

on page 4, in line 19, immediately after "bathroom tissue," by inserting "dry cleaning bags, newspaper bags,"; and

on page 5, immediately below line 22, by inserting the following:

"(c) After registering a manufacturer, the Agency shall immediately assign to that manufacturer a unique vendor number."; and

on page 6, in line 1, immediately after "manufacturer", by inserting "or the manufacturer's unique vendor number assigned by the Agency pursuant to Section 15"; and

on page 6, in line 12, immediately after "manufacturers", by inserting "or units of local government, retail establishments, solid waste agencies, or any other entity they deem appropriate"; and

on page 9, in line 6, by replacing "10%" with "12%"; and

on page 9, in line 7, immediately after the period, by inserting "Notwithstanding the required recycling rate increase specified in this item (3), manufacturers are encouraged to work with units of local government, retail establishments, solid waste agencies, or other entities they deem appropriate to try to reach a recycling rate increase of 20%."; and

on page 9, in line 8, immediately after "requirements", by inserting "specified in items (1) through (3) of this subsection (e)"; and

on page 10, in line 9, immediately after "manufacturer", by inserting "or the manufacturer's unique vendor number assigned by the Agency pursuant to Section 15"; and

on page 10, by deleting lines 21 through 23; and

on page 12, by replacing lines 5 through 8 with the following:

"Section 50. Penalties.

(a) Any manufacturer, distributor, or wholesaler who violates any provision of this Act or fails to perform any duty under this Act shall be liable for a civil penalty not to exceed $1,000, as determined by the Agency.

(b) For a first offense, a retailer found to be in violation of Section 30 shall be given 30 days to come into compliance. For a second or subsequent offense, the penalty specified in subsection (a) of this Section shall apply.

(c) The penalties provided"; and

by replacing line 8 on page 13 through line 1 on page 14 with the following:

"Section 65. Home rule.

(a) Except in a home rule unit with a population of over 2,000,000 or in a home rule municipality to which subsection (c) of this Section applies, the regulation of the collection, recycling, sale, and use of plastic carryout bags and film, including any effort to regulate through the imposition of a ban on those items, is an exclusive power and function of the State. A home rule unit, other than a home rule unit with a population of over 2,000,000 and other than a home rule to which subsection (c) of this Section applies, may not regulate the collection, recycling, sale, or use of plastic carryout bags and film. This subsection (a) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(b) A home rule unit, other than a home rule unit with a population of over 2,000,000, may not impose a fee or tax on the collection, recycling, sale, or use of plastic carryout bags and film. This subsection (b) is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(c) A home rule municipality that had a plastic bag and film take-back ordinance in effect on January 1, 2012 may continue the program created by that ordinance, as in effect on that date. However, that home rule unit municipality shall not regulate the collection, recycling, sale, or use of plastic carryout bags or film in a manner that is more restrictive than is provided in that ordinance, as of January 1, 2012, or this Act. This subsection (c) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by that home rule unit of powers and functions exercised by the State.".