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Full Text of SB1597  100th General Assembly

SB1597sam002 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/8/2017

 

 


 

 


 
10000SB1597sam002LRB100 08906 MJP 26066 a

1
AMENDMENT TO SENATE BILL 1597

2    AMENDMENT NO. ______. Amend Senate Bill 1597, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by adding Section
65-1184 as follows:
 
7    (55 ILCS 5/5-1184 new)
8    Sec. 5-1184. Auxiliary containers.
9    (a) As used in this Section:
10    "Auxiliary container" means a bag, carryout bag, cup,
11bottle, or other packaging that is designed to be reusable or
12for single use; that is made of cloth, paper, plastic,
13cardboard, corrugated material, aluminum, glass, extruded
14polystyrene, postconsumer recycled material, or similar
15material or substrates, including coated, laminated, or
16multi-layer substrates; and that is designed for transporting,

 

 

10000SB1597sam002- 2 -LRB100 08906 MJP 26066 a

1containing, or protecting merchandise, food, or beverages from
2a food service or retail establishment.
3    "Biodegradable bag" means a bag that allows microbes, in a
4controlled environment, to break down the material and meets
5industry standard specifications according to ASTM D6400 or
6ASTM D6868 or any bag that claims to break down through any
7means.
8    "Carryout bag" means a plastic, paper, compostable, or
9biodegradable bag that is provided by a retail establishment at
10the checkstand, cash register, point of sale, or other point of
11departure to a customer for the purpose of transporting goods
12out of the retail establishment. "Carryout bag" does not
13include bags used by customers inside stores: to package bulk
14items, such as fruit, vegetables, nuts, grains, candy; that are
15used for greeting cards or small hardware items, such as nails
16and bolts; to contain or wrap frozen foods, meat, or fish,
17whether prepackaged or not; to contain or wrap flowers or
18potted plants, or other items where dampness may be a problem;
19to contain unwrapped prepared foods or bakery goods; to contain
20prescription drugs; to safeguard public health and safety
21during the transportation of prepared take-out foods and
22prepared liquids intended for consumption away from the retail
23establishment; that are newspaper bags, door-hanger bags,
24reusable bags, laundry-dry cleaning bags; or that are bags with
25a retail price of at least $0.50 each.
26    "Compostable" means that the product completely breaks

 

 

10000SB1597sam002- 3 -LRB100 08906 MJP 26066 a

1down into a stable product due to the action of microorganisms
2in a controlled, aerobic commercial process that results in a
3material safe and desirable as a soil amendment, meets the
4compost standards under 35 Ill. Adm. Code 830.503, has been
5found to degrade satisfactorily at the composting facility
6receiving the material, meets industry standard specification
7ASTM D6400, and has been certified as compostable by the
8Biodegradable Products Institute or a similar national or
9international certification authority.
10    "Restaurant" means any business having sales of
11ready-to-eat food for immediate consumption comprising at
12least 51% of total sales excluding the sale of liquor.
13    "Retail establishment" means any person, corporation,
14partnership, business venture, public sports or entertainment
15facility, government agency, or organization that sells or
16provides merchandise, goods, or materials, including, but not
17limited to, clothing, food, beverages, household goods, or
18personal items of any kind directly to a customer. "Retail
19establishment" includes, but is not limited to, department
20stores, clothing stores, jewelry stores, grocery stores,
21pharmacies, home improvement stores, liquor stores,
22convenience stores, gas stations, and farmers markets. "Retail
23establishment" does not include food banks and other food
24assistance programs, mobile food delivery, or restaurants.
25    "Reusable bag" means a carryout bag with handles that is
26provided by a retail establishment at the checkstand, cash

 

 

10000SB1597sam002- 4 -LRB100 08906 MJP 26066 a

1register, point of sale, or other point of departure to a
2customer for the purpose of transporting goods out of the
3establishment that is specifically designed and manufactured
4for multiple reuse, has a minimum lifetime capability of 125 or
5more uses carrying 22 or more pounds over a distance of at
6least 175 feet, and is capable of being washed so as to be
7cleaned and disinfected at least 100 times.
8    (b) Except as otherwise provided in this Section, a county
9may not ban, place a fee or tax on, or regulate in any other
10manner the use, disposition, content, taxation, or sale of
11auxiliary containers.
12    (c) A county may regulate carryout bags by imposing a $0.05
13fee on each carryout bag used by a customer at retail
14establishments. The retail establishment shall retain $0.02 of
15the fee. The retail establishment shall remit the remaining
16$0.03 of the fee to the Department of Revenue on form ST-1 and
17the Department of Revenue shall remit the $0.03 to the county
18where the retailer is located.
19    If a county imposes a fee under this subsection, the county
20shall use its $0.03 of the fee to contract with: (i) a
21governmental entity whose primary function is environmental
22protection and that operates permanent or temporary household
23hazardous waste facilities; or (ii) a vendor whose primary
24function is to collect and process permanent or temporary
25household hazardous waste. If a governmental entity or vendor
26receives any part of the county's portion of a fee imposed

 

 

10000SB1597sam002- 5 -LRB100 08906 MJP 26066 a

1under this Section and contracts with the county to provide a
2household hazardous waste collection program, the governmental
3entity or vendor must take back at least the following items:
4oil-based paints, latex paints, paint thinners, herbicides,
5insecticides, pesticides, gasoline, pool chemicals, cleaning
6products, mercury, household batteries, used motor oil, oil
7filters, drain cleaners, lawn chemicals, solvents, antifreeze,
8hobby chemicals, aerosol paints, fluorescent lamp bulbs,
9pharmaceuticals, carpets, and mattresses.
10    (d) A county that charged a fee or tax on auxiliary
11containers on February 1, 2017 may continue to charge the fee
12or tax. The county is prohibited from further regulating
13auxiliary containers, including bags and carryout bags, and
14from making further changes to the bag fee or bag tax ordinance
15in effect on February 1, 2017. However, the county may change
16its regulations to be consistent with this Section or eliminate
17the fee or tax altogether.
18    (e) A home rule county may not regulate or impose fees or
19taxes on auxiliary containers in a manner inconsistent with
20this Section. This Section is a limitation under subsection (i)
21of Section 6 of Article VII of the Illinois Constitution on the
22concurrent exercise by home rule units of powers and functions
23exercised by the State.
 
24    Section 10. The Illinois Municipal Code is amended by
25adding Section 11-42-17 as follows:
 

 

 

10000SB1597sam002- 6 -LRB100 08906 MJP 26066 a

1    (65 ILCS 5/11-42-17 new)
2    Sec. 11-42-17. Auxiliary containers.
3    (a) As used in this Section:
4    "Auxiliary container" means a bag, carryout bag, cup,
5bottle, or other packaging that is designed to be reusable or
6for single use; that is made of cloth, paper, plastic,
7cardboard, corrugated material, aluminum, glass, extruded
8polystyrene, postconsumer recycled material, or similar
9material or substrates, including coated, laminated, or
10multi-layer substrates; and that is designed for transporting,
11containing, or protecting merchandise, food, or beverages from
12a food service or retail establishment.
13    "Biodegradable bag" means a bag that allows microbes, in a
14controlled environment, to break down the material and meets
15industry standard specifications according to ASTM D6400 or
16ASTM D6868 or any bag that claims to break down through any
17means.
18    "Carryout bag" means a plastic, paper, compostable, or
19biodegradable bag that is provided by a retail establishment at
20the checkstand, cash register, point of sale, or other point of
21departure to a customer for the purpose of transporting goods
22out of the retail establishment. "Carryout bag" does not
23include bags used by customers inside stores: to package bulk
24items, such as fruit, vegetables, nuts, grains, candy; that are
25used for greeting cards or small hardware items, such as nails

 

 

10000SB1597sam002- 7 -LRB100 08906 MJP 26066 a

1and bolts; to contain or wrap frozen foods, meat, or fish,
2whether prepackaged or not; to contain or wrap flowers or
3potted plants, or other items where dampness may be a problem;
4to contain unwrapped prepared foods or bakery goods; to contain
5prescription drugs; to safeguard public health and safety
6during the transportation of prepared take-out foods and
7prepared liquids intended for consumption away from the retail
8establishment; that are newspaper bags, door-hanger bags,
9reusable bags, laundry-dry cleaning bags; or that are bags with
10a retail price of at least $0.50 each.
11    "Compostable" means that the product completely breaks
12down into a stable product due to the action of microorganisms
13in a controlled, aerobic commercial process that results in a
14material safe and desirable as a soil amendment, meets the
15compost standards under 35 Ill. Adm. Code 830.503, has been
16found to degrade satisfactorily at the composting facility
17receiving the material, meets industry standard specification
18ASTM D6400, and has been certified as compostable by the
19Biodegradable Products Institute or a similar national or
20international certification authority.
21    "Restaurant" means any business having sales of
22ready-to-eat food for immediate consumption comprising at
23least 51% of total sales excluding the sale of liquor.
24    "Retail establishment" means any person, corporation,
25partnership, business venture, public sports, or entertainment
26facility, government agency, or organization that sells or

 

 

10000SB1597sam002- 8 -LRB100 08906 MJP 26066 a

1provides merchandise, goods, or materials including, but not
2limited to, clothing, food, beverages, household goods, or
3personal items of any kind directly to a customer. "Retail
4establishment" includes, but is not limited to, department
5stores, clothing stores, jewelry stores, grocery stores,
6pharmacies, home improvement stores, liquor stores,
7convenience stores, gas stations, and farmers markets. "Retail
8establishment" does not include food banks and other food
9assistance programs, mobile food delivery, or restaurants.
10    "Reusable bag" means a carryout bag with handles that is
11provided by a retail establishment at the checkstand, cash
12register, point of sale, or other point of departure to a
13customer for the purpose of transporting goods out of the
14establishment that is specifically designed and manufactured
15for multiple reuse, has a minimum lifetime capability of 125 or
16more uses carrying 22 or more pounds over a distance of at
17least 175 feet, and is capable of being washed so as to be
18cleaned and disinfected at least 100 times.
19    (b) Except as otherwise provided in this Section, a
20municipality may not ban, place a fee or tax on, or regulate in
21any other manner the use, disposition, content, taxation, or
22sale of auxiliary containers except as provided for in this
23Section.
24    (c) A municipality may regulate carryout bags by imposing a
25$0.05 fee on each carryout bag used by a customer at retail
26establishments. The retail establishment shall retain $0.02 of

 

 

10000SB1597sam002- 9 -LRB100 08906 MJP 26066 a

1the fee. The retail establishment shall remit the remaining
2$0.03 of the fee to the Department of Revenue on form ST-1 and
3the Department of Revenue shall remit the $0.03 to the
4municipality where the retailer is located.
5    If a municipality imposes a fee under this subsection, the
6municipality shall use its $0.03 of the fee to contract with:
7(i) a governmental entity whose primary function is
8environmental protection and that operates permanent or
9temporary household hazardous waste facilities; or (ii) a
10vendor whose primary function is to collect and process
11permanent or temporary household hazardous waste. If a
12governmental entity or vendor receives any part of the
13municipality's portion of a fee imposed under this Section and
14contracts with the municipality to provide a household
15hazardous waste collection program, the governmental entity or
16vendor must take back at least the following items: oil-based
17paints, latex paints, paint thinners, herbicides,
18insecticides, pesticides, gasoline, pool chemicals, cleaning
19products, mercury, household batteries, used motor oil, oil
20filters, drain cleaners, lawn chemicals, solvents, antifreeze,
21hobby chemicals, aerosol paints, fluorescent lamp bulbs,
22pharmaceuticals, carpets, and mattresses.
23    (d) A municipality that charged a fee or tax on auxiliary
24containers on February 1, 2017 may continue to charge the fee
25or tax. The municipality is prohibited from further regulating
26auxiliary containers, including bags and carryout bags, and

 

 

10000SB1597sam002- 10 -LRB100 08906 MJP 26066 a

1from making further changes to the bag fee or bag tax ordinance
2in effect on February 1, 2017. However, the municipality may
3change its regulations to be consistent with this Section or
4eliminate the fee or tax altogether.
5    (e) A home rule municipality may not regulate or impose
6fees or taxes on auxiliary containers in a manner inconsistent
7with this Section. This Section is a limitation under
8subsection (i) of Section 6 of Article VII of the Illinois
9Constitution on the concurrent exercise by home rule units of
10powers and functions exercised by the State.".