Full Text of SB3442 97th General Assembly
SB3442ham001 97TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 5/17/2012
| | 09700SB3442ham001 | | LRB097 17154 JDS 69656 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3442
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3442 as follows:
| 3 | | on page 4, in line 19, immediately after "bathroom tissue," by | 4 | | inserting "dry cleaning bags, newspaper bags,"; and | 5 | | on page 5, immediately below line 22, by inserting the | 6 | | following: | 7 | | "(c) After registering a manufacturer, the Agency shall | 8 | | immediately assign to that manufacturer a unique vendor | 9 | | number."; and | 10 | | on page 6, in line 1, immediately after "manufacturer", by | 11 | | inserting "or the manufacturer's unique vendor number assigned | 12 | | by the Agency pursuant to Section 15"; and | 13 | | on page 6, in line 12, immediately after "manufacturers", by | 14 | | inserting "or units of local government, retail |
| | | 09700SB3442ham001 | - 2 - | LRB097 17154 JDS 69656 a |
|
| 1 | | establishments, solid waste agencies, or any other entity they | 2 | | deem appropriate"; and | 3 | | on page 9, in line 6, by replacing "10%" with "12%"; and | 4 | | on page 9, in line 7, immediately after the period, by | 5 | | inserting "Notwithstanding the required recycling rate | 6 | | increase specified in this item (3), manufacturers are | 7 | | encouraged to work with units of local government, retail | 8 | | establishments, solid waste agencies, or other entities they | 9 | | deem appropriate to try to reach a recycling rate increase of | 10 | | 20%."; and | 11 | | on page 9, in line 8, immediately after "requirements", by | 12 | | inserting "specified in items (1) through (3) of this | 13 | | subsection (e)"; and | 14 | | on page 10, in line 9, immediately after "manufacturer", by | 15 | | inserting "or the manufacturer's unique vendor number assigned | 16 | | by the Agency pursuant to Section 15"; and | 17 | | on page 10, by deleting lines 21 through 23; and | 18 | | on page 12, by replacing lines 5 through 8 with the following: | 19 | | "Section 50. Penalties. |
| | | 09700SB3442ham001 | - 3 - | LRB097 17154 JDS 69656 a |
|
| 1 | | (a) Any manufacturer, distributor, or wholesaler who | 2 | | violates any provision of this Act or fails to perform any duty | 3 | | under this Act shall be liable for a civil penalty not to | 4 | | exceed $1,000, as determined by the Agency. | 5 | | (b) For a first offense, a retailer found to be in | 6 | | violation of Section 30 shall be given 30 days to come into | 7 | | compliance. For a second or subsequent offense, the penalty | 8 | | specified in subsection (a) of this Section shall apply. | 9 | | (c) The penalties provided"; and | 10 | | by replacing line 8 on page 13 through line 1 on page 14 with | 11 | | the following: | 12 | | "Section 65. Home rule. | 13 | | (a) Except in a home rule unit with a population of over | 14 | | 2,000,000 or in a home rule municipality to which subsection | 15 | | (c) of this Section applies, the regulation of the collection, | 16 | | recycling, sale, and use of plastic carryout bags and film, | 17 | | including any effort to regulate through the imposition of a | 18 | | ban on those items, is an exclusive power and function of the | 19 | | State. A home rule unit, other than a home rule unit with a | 20 | | population of over 2,000,000 and other than a home rule to | 21 | | which subsection (c) of this Section applies, may not regulate | 22 | | the collection, recycling, sale, or use of plastic carryout | 23 | | bags and film. This subsection (a) is a denial and limitation | 24 | | of home rule powers and functions under subsection (h) of |
| | | 09700SB3442ham001 | - 4 - | LRB097 17154 JDS 69656 a |
|
| 1 | | Section 6 of Article VII of the Illinois Constitution. | 2 | | (b) A home rule unit, other than a home rule unit with a | 3 | | population of over 2,000,000, may not impose a fee or tax on | 4 | | the collection, recycling, sale, or use of plastic carryout | 5 | | bags and film. This subsection (b) is a denial and limitation | 6 | | of home rule powers and functions under subsection (g) of | 7 | | Section 6 of Article VII of the Illinois Constitution. | 8 | | (c) A home rule municipality that had a plastic bag and | 9 | | film take-back ordinance in effect on January 1, 2012 may | 10 | | continue the program created by that ordinance, as in effect on | 11 | | that date. However, that home rule unit municipality shall not | 12 | | regulate the collection, recycling, sale, or use of plastic | 13 | | carryout bags or film in a manner that is more restrictive than | 14 | | is provided in that ordinance, as of January 1, 2012, or this | 15 | | Act. This subsection (c) is a limitation under subsection (i) | 16 | | of Section 6 of Article VII of the Illinois Constitution on the | 17 | | concurrent exercise by that home rule unit of powers and | 18 | | functions exercised by the State.".
|
|