Illinois General Assembly - Bill Status for SB1597
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 Bill Status of SB1597  100th General Assembly


Short Description:  COMPOSTABLE BAGS-RETAIL

Senate Sponsors
Sen. Terry Link and Julie A. Morrison

Last Action
DateChamber Action
  5/31/2018SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Compostable Bags in Retail Establishments Act. Provides that no retail establishment in the State shall use or provide polyethylene or other non-compostable plastic film bags tinted green or brown for customers to bag products in stores, as carry out bags, or for home delivery. Provides that any film bags meeting the definition of compostable that retail establishments provide to customers for food or other products, such as vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly labeled "COMPOSTABLE", including language following the Federal Trade Commission's "Green Guides". Provides that no film bag that retail establishments provide to customers to bag products in stores, as carry out bags, or for home delivery may be labeled with the term "biodegradable", "degradable", "decomposable", or any similar terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment. Defines "carry out bag", "compostable", and "retail establishment". Effective January 1, 2018.

Senate Committee Amendment No. 1
Adds reference to:
New Act

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Changes references from "carry out bag" to "plastic film bag". Makes changes to the definition of "plastic film bag". Provides that no retail establishment in the State shall use, provide, or sell polyethylene or other non-compostable plastic film bags tinted green (rather than green or brown) to the retail establishment's customers. Makes other changes. Effective January 1, 2018.

Senate Committee Amendment No. 3
Adds reference to:
30 ILCS 105/5.886 new
55 ILCS 5/5-1184 new
65 ILCS 5/11-42-17 new

Replaces everything after the enacting clause. Creates the Carryout Bag Fee Act. Provides that a carryout bag fee of $0.05 is imposed on each carryout bag used by a customer at retail establishments located within Illinois. Provides that the retail establishment shall retain $0.02 of the fee and that the remaining portions of the fees will be remitted as follows: $0.02 to the Carryout Bag Fee Fund to be distributed to the county or municipal joint action agency based on the location of the retail establishment and $0.01 into the General Revenue Fund. Limits use of the county or municipal joint action agency portion of the fee to specified purposes. Provides that the carryout bag fee does not apply to the retail sale or use of carryout bags that are used to carry items purchased pursuant to the Supplemental Nutrition Assistance Program or a similar governmental food assistance program. Incorporates specified provisions of the Retailers' Occupation Tax Act which are not inconsistent with the new Act and the Uniform Penalty and Interest Act. Creates the Carryout Bag Fee Fund and limits the transferability of fund moneys. Amends the State Finance Act making conforming changes. Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of auxiliary containers except for carryout bags in retail establishments. Provides that the language restricting regulation of auxiliary containers may not be construed to prohibit or restrict a curbside recycling program, a designated residential or commercial recycling location, a commercial recycling program, or the use of auxiliary containers on property owned by a unit of local government. Provides that if a governmental entity or vendor receives any part of the county's or municipality's portion of a fee imposed for carryout bags and contracts with the county or municipality to provide a household hazardous waste collection program, specifies the items the governmental entity or vendor is required to take back. Limits the applicability of the provisions of the amendatory Act as they relate to a county or municipality that charged a fee or tax on auxiliary containers on February 1, 2018. Limits home rule powers.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Terry Link
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Environment and Conservation
  3/9/2017SenatePostponed - Environment and Conservation
  3/10/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  3/10/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/15/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Environment and Conservation
  3/16/2017SenateSenate Committee Amendment No. 1 Adopted
  3/16/2017SenateDo Pass as Amended Environment and Conservation; 009-000-000
  3/16/2017SenatePlaced on Calendar Order of 2nd Reading March 28, 2017
  4/26/2017SenateSecond Reading
  4/26/2017SenatePlaced on Calendar Order of 3rd Reading April 27, 2017
  4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/8/2017SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
  5/8/2017SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/10/2017SenateSenate Floor Amendment No. 2 Assignments Refers to Environment and Conservation
  5/11/2017SenateSenate Floor Amendment No. 2 Recommend Do Adopt Environment and Conservation; 006-001-000
  8/4/2017SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  8/4/2017SenateSenate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
  4/23/2018SenateRule 2-10 Committee Deadline Established As April 27, 2018
  4/23/2018SenateRe-assigned to Environment and Conservation
  4/23/2018SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Terry Link
  4/23/2018SenateSenate Committee Amendment No. 3 Referred to Assignments
  4/24/2018SenateSenate Committee Amendment No. 3 Assignments Refers to Environment and Conservation
  4/24/2018SenateWaive Posting Notice
  4/26/2018SenateSenate Committee Amendment No. 3 Adopted
  4/26/2018SenateDo Pass as Amended Environment and Conservation; 006-000-000
  4/26/2018SenatePlaced on Calendar Order of 2nd Reading May 1, 2018
  4/27/2018SenateRule 2-10 Third Reading Deadline Established As May 3, 2018
  5/3/2018SenateRule 3-9(a) / Re-referred to Assignments
  5/11/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/15/2018SenateApproved for Consideration Assignments
  5/15/2018SenatePlaced on Calendar Order of 2nd Reading May 16, 2018
  5/31/2018SenateRule 3-9(a) / Re-referred to Assignments
  11/14/2018SenateAdded as Co-Sponsor Sen. Julie A. Morrison

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