Sen. Terry Link
Filed: 3/23/2012
 
 

 

 

 
09700SB3442sam001LRB097 17154 JDS 67876 a



1
AMENDMENT TO SENATE BILL 3442




2    AMENDMENT NO. ______. Amend Senate Bill 3442 as follows:
 
3on page 8, line 8, immediately after "Illinois," by inserting 
4"the percentage of plastic carryout bags and plastic film 
5product wrap collected and processed for recycling based on the 
6weight in pounds of plastic carryout bags and plastic film 
7product wrap collected and processed for recycling and the 
8weight in pounds of plastic carryout bags sold for use or 
9distribution in Illinois,"; and
 
10on page 8, by replacing line 13 with "sold for use or 
11distribution in Illinois. Additional requirements for specific 
12annual reports include:
13        (1)  a demonstration in the annual report for calendar 
14    year 2014 that 75% of the population in Illinois resides 
15    within 10 miles of a plastic carryout bag and plastic film 
16    product wrap collection site, and that collection sites are 
 
 
09700SB3442sam001- 2 -LRB097 17154 JDS 67876 a

1    located in at least 90% of Illinois counties;
2        (2)  a demonstration in the annual report for calendar 
3    year 2015 that 80% of the population in Illinois resides 
4    within 10 miles of a plastic carryout bag and plastic film 
5    product wrap collection site; and
6        (3)  a demonstration in the annual report for calendar 
7    year 2015 that the percentage of plastic carryout bags and 
8    plastic film product wrap recycled increased by at least 
9    10% from the recycling rate calculated in the annual report 
10    for calendar year 2014.


11    If these additional requirements cannot be demonstrated in 
12the appropriate annual reports, the penalties under Section 50 
13of this Act shall be applicable."; and


 
14on page 11, by replacing lines 11 through 13, with "a civil 
15penalty not to exceed $1,000. The penalties provided for in 
16this Section may be"; and
 
17on page 12, by replacing lines 12 through 20 with the 
18following:
 
19    Section 65. "Home rule. 
20    (a) Except in home rule units with a population of over 
212,000,000, the regulation of the collection and recycling of 
22plastic carryout bags and film, including any effort to 
23regulate through the imposition of a ban on those items, is an 
 
 
09700SB3442sam001- 3 -LRB097 17154 JDS 67876 a

1exclusive power and function of the State. A home rule unit, 
2other than a home rule unit with a population of over 
32,000,000, may not regulate the collection and recycling of 
4plastic carryout bags and film. This subsection (a) is a denial 
5and limitation of home rule powers and functions under 
6subsection (h) of Section 6 of Article VII of the Illinois 
7Constitution.
8    (b) A home rule unit, other than a home rule unit with a 
9population of over 2,000,000, may not tax the collection and 
10recycling of plastic carryout bags and film. This subsection 
11(b) is a denial and limitation of home rule powers and 
12functions under subsection (g) of Section 6 of Article VII of 
13the Illinois Constitution.".