HB0259 95TH GENERAL ASSEMBLY

LRB095 03877 CMK 23908 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0259

Introduced 1/19/2007, by Rep. Sandy Cole

SYNOPSIS AS INTRODUCED:

New Act

Creates the Plastic Bag Recycling Act. Requires retailers that distribute plastic bags to consumers to implement a plastic bag collection and recycling program. Sets out plastic bag recycling program requirements. Provides that any retailer who knowingly violates the Act is guilty of a business offense punishable by a fine of not more than $5,000.

FISCAL NOTE ACT MAY APPLY

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 Plastic Bag Recycling Act.

Section 5. Definitions. As used in this Act:

"Consumer" means any person who makes a purchase at retail for any purpose other than resale.

"Distributing plastic bags to consumers" means the act of a retailer giving to a consumer a plastic bag to store or transport goods purchased at retail.

"Plastic bag" means any plastic, latex, or polypropylene bag.

"Purchase at retail" means the acquisition of the ownership of or title to tangible personal property through a sale at retail.

"Retailer" means a person engaged in the business of making sales at retail.

Section 10. Recycling program.

(a) Within 60 days after the effective date of this Act, all retailers distributing plastic bags to consumers as part of a purchase at retail shall:

(1) implement a plastic bag collection program that facilitates the return and recycling of plastic bags distributed to consumers;

(2) provide a clearly marked receptacle for the collection of plastic bags that is in a convenient location for that retailer's consumers; and

(3) arrange for the pick-up, transport, and recycling of plastic bags deposited in the collection receptacles by consumers.

(b) In meeting the requirements of this Section, retailers may work individually or as part of a group.

Section 15. Penalty. Any retailer who knowingly violates this Act is guilty of a business offense punishable by a fine of not more than $5,000.