Full Text of HB3389 100th General Assembly
HB3389 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3389 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED: |
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Creates the Beverage Container Deposit Act. Provides that consumers shall pay a refund value of not less than $0.05 on each beverage
container sold in this State by a dealer for consumption off the premises. Provides that the dealer or person operating a redemption center
shall return the amount of the refund value to the consumer upon return of the
empty beverage container. Provides that a distributor that is required to accept empty beverage containers
shall reimburse the dealer in the amount of $0.01 per container. Provides that beverage containers must clearly
indicate the refund value of the container. Contains provisions concerning penalties. Provides that the term "dealer" means a person who engages in the sale of beverages in beverage containers
to a consumer. Provides that the term "distributor" means a person who engages in the sale of beverages in beverage
containers to dealers. Effective July 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Beverage Container Deposit Act. | 6 | | Section 5. Definitions. As used in this Act unless the | 7 | | context otherwise requires: | 8 | | "Beverage" means wine, alcoholic liquor, and beer, all as | 9 | | defined in the Liquor Control Act, mineral
water, soda water, | 10 | | and similar carbonated soft drinks that are in liquid form and | 11 | | intended for human
consumption. | 12 | | "Beverage container" means any sealed glass, plastic, or | 13 | | metal bottle, can, jar, or carton
containing a beverage. | 14 | | "Consumer" means any person who purchases a beverage in a | 15 | | beverage container for
use or consumption. | 16 | | "Dealer" means any person who engages in the sale of | 17 | | beverages in beverage containers
to a consumer. | 18 | | "Dealer agent" means a person who solicits or picks up | 19 | | empty beverage containers
from a dealer for the purpose of | 20 | | returning the empty beverage containers to a distributor or
| 21 | | manufacturer. | 22 | | "Department" means the Department of Agriculture. | 23 | | "Distributor" means a person who engages in the sale of |
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| 1 | | beverages in beverage
containers to a dealer in this State, | 2 | | including any manufacturer who engages in such sales. | 3 | | "Geographic territory" means the geographical area within | 4 | | a perimeter formed by the
outermost boundaries served by a | 5 | | distributor. | 6 | | "Manufacturer" means any person who bottles, cans, or | 7 | | otherwise fills beverage
containers for sale to distributors or | 8 | | dealers. | 9 | | "Nonrefillable beverage container" means a beverage | 10 | | container not intended to be
refilled for sale by a | 11 | | manufacturer. | 12 | | "Redemption center" means a facility at which consumers may | 13 | | return empty beverage
containers and receive payment for the | 14 | | refund value of the empty beverage containers. | 15 | | Section 10. Refund values. | 16 | | (a) A refund value of not less than $0.05 shall be paid by | 17 | | the consumer on each beverage
container sold in this State by a | 18 | | dealer for consumption off the premises. Upon return of the
| 19 | | empty beverage container upon which a refund value has been | 20 | | paid to the dealer or person
operating a redemption center and | 21 | | acceptance of the empty beverage container by the dealer
or | 22 | | person operating a redemption center, the dealer or person | 23 | | operating a redemption center
shall return the amount of the | 24 | | refund value to the consumer. | 25 | | (b) In addition to the refund value provided in subsection |
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| 1 | | (a) of this Section, a dealer or
person operating a redemption | 2 | | center who redeems empty beverage containers or a dealer
agent | 3 | | shall be reimbursed by the distributor that is required to | 4 | | accept the empty beverage containers
in the amount of $0.01 per | 5 | | container. A dealer, dealer agent, or person operating a
| 6 | | redemption center may compact empty metal beverage containers | 7 | | with the approval of the
distributor that is required to accept | 8 | | the containers. | 9 | | Section 15. Payment of refund value. Except as provided in | 10 | | Section 20: | 11 | | (1) A dealer shall not refuse to accept from a consumer | 12 | | any empty beverage container of
the kind, size, and brand | 13 | | sold by the dealer, or refuse to pay to the consumer the | 14 | | refund value
of a beverage container as provided under | 15 | | Section 10. | 16 | | (2) A distributor shall accept and pick up from a | 17 | | dealer served by the distributor or
a redemption center for | 18 | | a dealer served by the distributor at least weekly, or when | 19 | | the
distributor delivers the beverage product if | 20 | | deliveries are less frequent than weekly, any
empty | 21 | | beverage container of the kind, size, and brand sold by the | 22 | | distributor, and shall pay to
the dealer or person | 23 | | operating a redemption center the refund value of a | 24 | | beverage container
and the reimbursement as provided under | 25 | | Section 10 within one week following pickup
of the |
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| 1 | | containers or when the dealer or redemption center normally | 2 | | pays the distributor for
the deposit on beverage products | 3 | | purchased from the distributor if less frequent than | 4 | | weekly.
A distributor or employee or agent of a distributor | 5 | | is not in violation of this paragraph if the
redemption | 6 | | center is closed when the distributor attempts to make a | 7 | | regular delivery or a
regular pickup of empty beverage | 8 | | containers. | 9 | | (3) A distributor is not required to pay to a | 10 | | manufacturer a deposit or refund value
on a nonrefillable | 11 | | beverage container. | 12 | | (4) A distributor shall accept from a dealer agent any | 13 | | empty beverage container of the kind,
size, and brand sold | 14 | | by the distributor that was picked up by the dealer agent | 15 | | from a
dealer within the geographic territory served by the | 16 | | distributor, and the distributor shall pay
the dealer agent | 17 | | the refund value of the empty beverage container and the | 18 | | reimbursement as
provided in Section 10. | 19 | | (5) The Department shall provide for the
disposal of | 20 | | empty beverage containers as required under paragraph (2). | 21 | | The Department shall
give priority consideration to the | 22 | | recycling of the empty beverage containers, to the extent
| 23 | | possible, before any other appropriate disposal method is | 24 | | considered or implemented. | 25 | | Section 20. Refusal to accept containers. |
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| 1 | | (a) Except as provided in subsection (c) of Section 25, a | 2 | | dealer, a person operating a
redemption center, a distributor, | 3 | | or a manufacturer may refuse to accept any empty beverage
| 4 | | container which does not have stated on it a refund value as | 5 | | provided under Section 10. | 6 | | (b) A dealer may refuse to accept and to pay the refund | 7 | | value of any empty beverage
container if the place of business | 8 | | of the dealer and the kind and brand of empty beverage
| 9 | | containers are included in an order of the Department approving | 10 | | a redemption center under
Section 30. | 11 | | (c) A manufacturer or distributor may refuse to accept and | 12 | | to pay the refund value and
reimbursement as provided in | 13 | | Section 10 on any empty beverage container that was
picked up | 14 | | by a dealer agent from a dealer outside the geographic | 15 | | territory served by the
manufacturer or distributor. | 16 | | Section 25. Refund value stated on container; exceptions. | 17 | | (a) Each beverage container sold or offered for sale in | 18 | | this State by a dealer shall clearly
indicate by embossing or | 19 | | by a stamp, label, or other method securely affixed to the | 20 | | container,
the refund value of the container. The Department | 21 | | shall specify, by rule, the minimum size of
the refund value | 22 | | indication on the beverage containers. | 23 | | (b) A person, except a distributor, shall not import into | 24 | | this State on or after the effective date of this Act a
| 25 | | beverage container that does not have the refund value
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| 1 | | indication securely affixed to it. The provisions of this | 2 | | subsection (b) do not apply if: | 3 | | (1) for beverage containers containing alcoholic | 4 | | liquor, the total capacity of the container is not more | 5 | | than one quart or, in the case of
alcoholic liquor | 6 | | personally obtained outside the United States, one gallon; | 7 | | (2) for beverage containers containing beer, the
total | 8 | | capacity of the container is not more than 288 fluid | 9 | | ounces; and | 10 | | (3) for all other beverage containers, the total | 11 | | capacity of the container is not more than
576 fluid | 12 | | ounces. | 13 | | (c) The provisions of this Section do not apply to a | 14 | | refillable glass
beverage container that has a brand name | 15 | | permanently marked on it and has a
refund value of not less | 16 | | than $0.05, to any other refillable beverage container that has
| 17 | | a refund value of not less than $0.05 and which is exempted by | 18 | | the Department, or to a beverage container sold aboard a | 19 | | commercial airliner or
passenger train for consumption on the | 20 | | premises. | 21 | | Section 30. Redemption centers. | 22 | | (a) To facilitate the return of empty beverage containers | 23 | | and to serve dealers,
any person may establish a redemption | 24 | | center, subject to the approval of the Department, at
which | 25 | | consumers may return empty beverage containers and receive |
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| 1 | | payment of the refund
value of those beverage containers. | 2 | | (b) An application for approval of a redemption center | 3 | | shall be filed with the Department.
The application shall state | 4 | | the name and address of the person responsible for the
| 5 | | establishment and operation of the redemption center, the kind | 6 | | and brand names of the
beverage containers that will be | 7 | | accepted at the redemption center, and the names and
addresses | 8 | | of the dealers to be served by the redemption center. The | 9 | | application shall contain
such other information as the | 10 | | Department may reasonably require. | 11 | | (c) The Department shall approve a redemption center if it | 12 | | finds that the redemption center
will provide a convenient | 13 | | service to consumers for the return of empty beverage | 14 | | containers.
The order of the Department approving a redemption | 15 | | center shall state the dealers to be served
by the redemption | 16 | | center and the kind and brand names of empty beverage | 17 | | containers that
the redemption center must accept. The order | 18 | | may contain such other provisions to ensure
that the redemption | 19 | | center will provide a convenient service to the public as the | 20 | | Department may
determine. | 21 | | (d) The Department may review the approval of any | 22 | | redemption center at any time.
After written notice to the | 23 | | person responsible for the establishment and operation of the
| 24 | | redemption center and the dealers served by the redemption | 25 | | center, the Department may,
after hearing, withdraw approval of | 26 | | a redemption center if the Department finds there has
not been |
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| 1 | | compliance with the Department's order approving the | 2 | | redemption center or if the
redemption center no longer | 3 | | provides a convenient service to the public. | 4 | | (e) All approved redemption centers shall meet applicable | 5 | | health standards. | 6 | | Section 35. Unapproved redemption centers. Any person may | 7 | | establish a redemption center which has not been approved by | 8 | | the
Department. Consumers may return empty beverage containers | 9 | | at those redemption centers and receive
payment of the refund | 10 | | value of the beverage containers. The establishment of an | 11 | | unapproved
redemption center shall not relieve any dealer from | 12 | | the responsibility of redeeming any
empty beverage containers | 13 | | of the kind and brand sold by the dealer. | 14 | | Section 40. Distributors' agreements authorized. A | 15 | | distributor may enter into a contract or agreement with any | 16 | | other distributor,
manufacturer, or person for the purpose of | 17 | | collecting or paying the refund value on, or
disposing of, | 18 | | beverage containers as provided in this Act. | 19 | | Section 45. Redemption of refused nonrefillable metal | 20 | | beverage containers. | 21 | | If the refund value indication required under Section 10 on | 22 | | an empty nonrefillable
metal beverage container is readable but | 23 | | the redemption of the container is lawfully refused
by a dealer |
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| 1 | | or person operating a redemption center under other Sections of | 2 | | this Act or
rules adopted pursuant to this Act, the container | 3 | | shall be accepted and the refund value
paid to a consumer as | 4 | | provided in this Section. Each beer distributor selling | 5 | | nonrefillable
metal beverage containers in this State shall | 6 | | provide individually or collectively by contract or
agreement | 7 | | with a dealer, person operating a redemption center, or another | 8 | | person, at least one
facility in the county seat of each county | 9 | | where refused empty nonrefillable metal beverage
containers | 10 | | having a readable refund value indication as required by this | 11 | | Act are accepted
and redeemed. | 12 | | Section 50. Administrative review. Any person who is
| 13 | | adversely affected by a final decision of the Department under | 14 | | this Act may have that decision
judicially reviewed. The | 15 | | provisions of the Administrative Review Law shall apply
to and | 16 | | govern all proceedings for the judicial review of final
| 17 | | administrative decisions of the Department. The term | 18 | | "administrative decisions" is
as defined in Section 3-101 of | 19 | | the Code of Civil Procedure. | 20 | | Section 55. Penalties. | 21 | | (a) Any person who violates the provisions of Section 10, | 22 | | 15, or 25, or a rule
adopted under this Act, shall be guilty of | 23 | | a business offense punishable by a fine of not less than $1,000 | 24 | | for each offense. |
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| 1 | | (b) A distributor who collects or attempts to collect a | 2 | | refund value on an empty beverage
container when the | 3 | | distributor has paid the refund value on the container to a | 4 | | dealer,
redemption center, or consumer is guilty of a business | 5 | | offense punishable by a fine of not less than $10,000 for each | 6 | | offense. | 7 | | (c) Any person who does any of the following acts is guilty | 8 | | of a business offense punishable by a fine of not less than | 9 | | $10,000 for each offense: | 10 | | (1) Collects or attempts to collect the refund value on | 11 | | the container a second time, with the
knowledge that the | 12 | | refund value has once been paid by the distributor to a | 13 | | dealer, redemption
center or consumer. | 14 | | (2) Manufactures, sells, possesses, or applies a false | 15 | | or counterfeit label or indication which
shows or purports | 16 | | to show a refund value for a beverage container, with | 17 | | intent to use the false
or counterfeit label or indication. | 18 | | (3) Collects or attempts to collect a refund value on a | 19 | | container with the use of a false or
counterfeit label or | 20 | | indication showing a refund value, knowing the label or | 21 | | indication to be
false or counterfeit. | 22 | | (d) As used in this Section, a false or counterfeit label | 23 | | or indication means a label or
indication purporting to show a | 24 | | valid refund value which has not been initially applied as
| 25 | | authorized by a distributor. | 26 | | (e) Subsection (b) and paragraph (1) of subsection (c) of |
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| 1 | | this Section do not apply to
empty beverage containers which | 2 | | are intended to be refillable and are in a standard of
| 3 | | condition except for sanitization to be refillable by the | 4 | | manufacturer. | 5 | | Section 60. Rulemaking. The Department may adopt rules for | 6 | | the implementation and enforcement of this Act in accordance | 7 | | with the provisions of the Illinois Administrative Procedure | 8 | | Act.
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2017.
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