Rep. Michael W. Tryon

Filed: 5/17/2012

 

 


 

 


 
09700SB3442ham001LRB097 17154 JDS 69656 a

1
AMENDMENT TO SENATE BILL 3442

2    AMENDMENT NO. ______. Amend Senate Bill 3442 as follows:
 
3on page 4, in line 19, immediately after "bathroom tissue," by
4inserting "dry cleaning bags, newspaper bags,"; and
 
5on page 5, immediately below line 22, by inserting the
6following:
7    "(c) After registering a manufacturer, the Agency shall
8immediately assign to that manufacturer a unique vendor
9number."; and
 
10on page 6, in line 1, immediately after "manufacturer", by
11inserting "or the manufacturer's unique vendor number assigned
12by the Agency pursuant to Section 15"; and
 
13on page 6, in line 12, immediately after "manufacturers", by
14inserting "or units of local government, retail

 

 

09700SB3442ham001- 2 -LRB097 17154 JDS 69656 a

1establishments, solid waste agencies, or any other entity they
2deem appropriate"; and
 
3on page 9, in line 6, by replacing "10%" with "12%"; and
 
4on page 9, in line 7, immediately after the period, by
5inserting "Notwithstanding the required recycling rate
6increase specified in this item (3), manufacturers are
7encouraged to work with units of local government, retail
8establishments, solid waste agencies, or other entities they
9deem appropriate to try to reach a recycling rate increase of
1020%."; and
 
11on page 9, in line 8, immediately after "requirements", by
12inserting "specified in items (1) through (3) of this
13subsection (e)"; and
 
14on page 10, in line 9, immediately after "manufacturer", by
15inserting "or the manufacturer's unique vendor number assigned
16by the Agency pursuant to Section 15"; and
 
17on page 10, by deleting lines 21 through 23; and
 
18on page 12, by replacing lines 5 through 8 with the following:
 
19    "Section 50. Penalties.

 

 

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1    (a) Any manufacturer, distributor, or wholesaler who
2violates any provision of this Act or fails to perform any duty
3under this Act shall be liable for a civil penalty not to
4exceed $1,000, as determined by the Agency.
5    (b) For a first offense, a retailer found to be in
6violation of Section 30 shall be given 30 days to come into
7compliance. For a second or subsequent offense, the penalty
8specified in subsection (a) of this Section shall apply.
9    (c) The penalties provided"; and
 
10by replacing line 8 on page 13 through line 1 on page 14 with
11the following:
 
12    "Section 65. Home rule.
13    (a) Except in a home rule unit with a population of over
142,000,000 or in a home rule municipality to which subsection
15(c) of this Section applies, the regulation of the collection,
16recycling, sale, and use of plastic carryout bags and film,
17including any effort to regulate through the imposition of a
18ban on those items, is an exclusive power and function of the
19State. A home rule unit, other than a home rule unit with a
20population of over 2,000,000 and other than a home rule to
21which subsection (c) of this Section applies, may not regulate
22the collection, recycling, sale, or use of plastic carryout
23bags and film. This subsection (a) is a denial and limitation
24of home rule powers and functions under subsection (h) of

 

 

09700SB3442ham001- 4 -LRB097 17154 JDS 69656 a

1Section 6 of Article VII of the Illinois Constitution.
2    (b) A home rule unit, other than a home rule unit with a
3population of over 2,000,000, may not impose a fee or tax on
4the collection, recycling, sale, or use of plastic carryout
5bags and film. This subsection (b) is a denial and limitation
6of home rule powers and functions under subsection (g) of
7Section 6 of Article VII of the Illinois Constitution.
8    (c) A home rule municipality that had a plastic bag and
9film take-back ordinance in effect on January 1, 2012 may
10continue the program created by that ordinance, as in effect on
11that date. However, that home rule unit municipality shall not
12regulate the collection, recycling, sale, or use of plastic
13carryout bags or film in a manner that is more restrictive than
14is provided in that ordinance, as of January 1, 2012, or this
15Act. This subsection (c) is a limitation under subsection (i)
16of Section 6 of Article VII of the Illinois Constitution on the
17concurrent exercise by that home rule unit of powers and
18functions exercised by the State.".