Michigan 2008 bill text
Senate Bill 29
The following text was found at http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/htm/2007-SIB-0029.htm
January 24, 2007, Introduced by Senator SWITALSKI and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend the Initiated Law of 1976, entitled
"A petition to initiate legislation to provide for the use of
returnable containers for soft drinks, soda water, carbonated
natural or mineral water, other nonalcoholic carbonated drink, and
for beer, ale, or other malt drink of whatever alcoholic content,
and for certain other beverage containers; to provide for the use
of unredeemed bottle deposits; to prescribe the powers and duties
of certain state agencies and officials; and to prescribe penalties
and provide remedies,"
by amending section 1 (MCL 445.571), as amended by 1989 PA 93.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Beverage" means a soft drink, soda or other carbonated or
noncarbonated water; , carbonated natural or mineral water, or
other nonalcoholic carbonated drink; beer, ale, or other malt drink
of whatever alcoholic content; or a mixed wine drink or a mixed
spirit drink; or a nonalcoholic carbonated or noncarbonated drink
in liquid form and intended for internal human consumption, except
for unflavored rice milk, unflavored soymilk, milk, or a dairy-
derived product.
(b) "Beverage container" means an 1 of the following:
(i) An airtight metal, glass, paper, or plastic container, or a
container composed of a combination of these materials, which , at
the time of sale , contains 1 gallon or less of a beverage other
than a nonalcoholic beverage.
(ii) An airtight metal, glass, or plastic container which at
the time of sale contains 1 gallon or less of a nonalcoholic
beverage other than a container composed in whole or in part of
aluminum and plastic or aluminum and paper in combination if the
aluminum content represents 10% or less of the unfilled container
weight and the unfilled container weight is 5% or less of the
filled container weight.
(c) "Empty returnable container" means a beverage container
which that contains nothing except the residue of its original
contents.
(d) "Returnable container" means a beverage container upon
which a deposit of at least not less than 10 cents has been paid,
or is required to be paid upon the removal of the beverage
container from the sale or consumption area, and for which a refund
of at least not less than 10 cents in cash is payable by every
dealer or distributor in this state of that beverage in beverage
containers, as further provided in section 2.
(e) "Nonreturnable container" means a beverage container upon
which no deposit or a deposit of less than 10 cents has been paid,
or is required to be paid, upon the removal of the beverage
container from the sale or consumption area, or for which no cash
refund or a refund of less than 10 cents is payable by a dealer or
distributor in this state of that beverage in beverage containers,
as further provided in section 2.
(f) "Person" means an individual, partnership, corporation,
limited liability company, association, or other legal entity.
(g) "Dealer" means a person who sells or offers for sale to
consumers within this state a beverage in a beverage container,
including an operator of a vending machine containing a beverage in
a beverage container.
(h) "Operator of a vending machine" means equally its owner,
the person who refills it, and the owner or lessee of the property
upon which it is located.
(i) "Distributor" means a person, including a manufacturer,
who sells beverages in beverage containers to a dealer within this
state. , and includes a manufacturer who engages in such sales.
(j) "Manufacturer" means a person who bottles, cans, or
otherwise places beverages in beverage containers for sale to
distributors, dealers, or consumers.
(k) "Within this state" means within the exterior limits of
the state of Michigan, and includes the territory within these
limits owned by or ceded to the United States of America.
(l) "Commission" means the Michigan liquor control commission
created in section 209 of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1209.
(m) "Sale or consumption area" means the premises within on
the property of the dealer or of the dealer's lessor where the sale
is made, within which where beverages in returnable containers may
be consumed without payment of a deposit, and , upon removing a
beverage container from which, the customer is required by where a
consumer may not remove a beverage container without the dealer
requiring him or her to pay the a deposit.
(n) "Nonrefillable container" means a returnable container
which that is not intended to be refilled for sale by a
manufacturer.
(o) "Mixed wine drink" means a drink or similar product
marketed as a wine cooler and containing less than 7% alcohol by
volume, consisting of wine and plain, sparkling, or carbonated
water and containing any 1 or more of the following:
(i) Nonalcoholic beverages.
(ii) Flavoring.
(iii) Coloring materials.
(iv) Fruit juices.
(v) Fruit adjuncts.
(vi) Sugar.
(vii) Carbon dioxide.
(viii) Preservatives.
(p) "Mixed spirit drink" means a drink containing 10% or less
alcohol by volume consisting of distilled spirits mixed with
nonalcoholic beverages or flavoring or coloring materials and which
that may also contain water, fruit juices, fruit adjuncts, sugar,
carbon dioxide, or preservatives; or any a spirits based beverage,
regardless of the percent of alcohol by volume, that is
manufactured for sale in a metal beverage container.
(q) "Unflavored soymilk" means a liquid containing no
additional flavoring ingredients and intended for internal human
consumption, the primary protein source of which is soy protein
derived from whole soybeans, isolated soy protein, soy protein
concentrate, soy flour, spray-dried tofu, or spray-dried soymilk.
(r) "Rice milk" means a liquid intended for internal human
consumption of which the primary protein source is rice protein
derived from partially milled brown rice.
Enacting section 1. This amendatory act takes effect January
1, 2009.
House Bill 6441
The text of this bill was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0384.htm
Act No. 384
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: March 31, 2009
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Reps. Warren and Bieda
ENROLLED HOUSE BILL No. 6441
AN ACT to amend 1976 IL 1, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," by amending section 4a (MCL 445.574a), as added by 1998 PA 473.
The People of the State of Michigan enact:
Sec. 4a. (1) A person shall not return or attempt to return to a dealer for a refund 1 or more of the following:
(a) A beverage container that the person knows or should know was not purchased in this state as a filled returnable container.
(b) A beverage container that the person knows or should know did not have a deposit paid for it at the time of purchase.
(2) A person who violates subsection (1) is subject to 1 of the following:
(a) If the person returns 25 or more but not more than 100 nonreturnable containers, the person may be ordered to pay a civil fine of not more than $100.00.
(b) If the person returns more than 100 but fewer than 10,000 nonreturnable containers, or violates subdivision (a) for a second or subsequent time, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(c) If the person returns more than 100 but fewer than 10,000 nonreturnable containers for a second or subsequent time, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(d) If the person returns 10,000 or more nonreturnable containers, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(3) A dealer shall not knowingly accept from and pay a deposit to a person for a nonreturnable container or knowingly deliver a nonreturnable container to a distributor for a refund. A dealer that violates this subsection is subject to 1 of the following:
(a) If the dealer knowingly accepts from and pays a deposit on 25 or more but not more than 100 nonreturnable containers to a person, or knowingly delivers 25 or more but not more than 100 nonreturnable containers to a distributor for a refund, the dealer may be ordered to pay a civil fine of not more than $100.00.
(b) If the dealer knowingly accepts from and pays a deposit on more than 100 but fewer than 10,000 nonreturnable containers to a person, or knowingly delivers more than 100 but fewer than 10,000 nonreturnable containers to a distributor for a refund, the dealer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(c) If the dealer knowingly accepts from and pays a deposit on more than 100 but fewer than 10,000 nonreturnable containers to a person, or knowingly delivers more than 100 but fewer than 10,000 nonreturnable containers to a distributor for a refund, for a second or subsequent time, the dealer is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(d) If the dealer knowingly accepts from and pays a deposit on 10,000 or more nonreturnable containers to a person, or knowingly delivers 10,000 or more nonreturnable containers to a distributor for a refund, the dealer is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(4) A distributor shall not knowingly accept from and pay a deposit to a dealer for a nonreturnable container or knowingly deliver a nonreturnable container to a manufacturer for a refund. A distributor that violates this subsection is subject to 1 of the following:
(a) If the distributor knowingly accepts from and pays a deposit on 25 or more but not more than 100 nonreturnable containers to a dealer, or knowingly delivers 25 or more but not more than 100 nonreturnable containers to a manufacturer for a refund, the distributor may be ordered to pay a civil fine of not more than $100.00.
(b) If the distributor knowingly accepts from and pays a deposit on more than 100 but fewer than 10,000nonreturnable containers to a dealer, or knowingly delivers more than 100 but fewer than 10,000 nonreturnable containers to a manufacturer for a refund, the distributor is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(c) If the distributor knowingly accepts from and pays a deposit on more than 100 but fewer than 10,000nonreturnable containers to a dealer, or knowingly delivers more than 100 but fewer than 10,000 nonreturnable containers to a manufacturer for a refund, for a second or subsequent time, the distributor is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(d) If the distributor knowingly accepts from and pays a deposit on 10,000 or more nonreturnable containers to a dealer, or knowingly delivers 10,000 or more nonreturnable containers to a manufacturer for a refund, the distributor is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(5) A dealer or distributor does not violate subsection (3) or (4) if all of the following conditions are met:
(a) An employee of the dealer or distributor commits an act that violates subsection (3) or (4).
(b) At the time the employee commits the act that violates subsection (3) or (4), the dealer or distributor had in force a written policy prohibiting its employees from knowingly redeeming nonreturnable containers.
(c) The dealer or distributor did not or should not have known of the employee's act in violation of subsection (3) or(4).
(6) In addition to the penalty described in this section, the court shall order a person found guilty of a misdemeanor or felony under this section to pay restitution equal to the amount of loss caused by the violation.
(7) The attorney general or a county prosecutor may bring an action to recover a civil fine under this section. A civil fine imposed under this section is payable to this state and shall be credited to the general fund.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
House Bill 6442
The text of this bill was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0385.htm
Act No. 385
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: March 31, 2009
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Reps. Bieda and Warren
ENROLLED HOUSE BILL No. 6442
AN ACT to amend 1976 IL 1, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," by amending section 4b (MCL 445.574b), as added by 1998 PA 473.
The People of the State of Michigan enact:
Sec. 4b. (1) In that portion of the dealer's premises where returnable containers are redeemed, a dealer shall post a notice that says substantially the following: "A person who returns out-of-state nonreturnable containers for a refund is subject to penalties of up to 5 years in jail, a fine of $5,000.00, and restitution.".
(2) A dealer who fails to comply with this section is subject to a civil fine of not more than $50.00.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
Senate Bill 1392
The text of this bill was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0386.htm
Act No. 386
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: December 29, 2008
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Senators Richardville, Jelinek, Pappageorge, Garcia and Brown
ENROLLED SENATE BILL No. 1392
AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2008 PA 65.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 14h. This chapter applies to the following felonies enumerated in chapter 445 of the Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max
445.65 Pub ord E Identity theft 5
445.67 Pub ord E Obtain, possess, sell, or transfer personal identifying
information of another or falsify a police report with
intent to commit identity theft 5
445.408(2) Pub ord E Buying or selling stolen scrap metal 5
445.408(3) Pub ord E Buying or selling stolen scrap metal -- second or
subsequent offense 5
445.433(2) Pub ord E Knowingly buying or selling stolen nonferrous
metal articles 5
445.487(2) Pub ord H Precious metal and gem dealer failure to record material
matter -- subsequent offense 2
445.488(2) Pub ord H Precious metal and gem dealer violations -- subsequent
offense 2
445.489 Pub ord H Precious metal and gem dealer violations 2
445.490 Pub ord H Precious metal and gem dealer failure to obtain a
certificate of registration 2
445.574a(2)(d) Pub ord H Improper return of 10,000 or more nonrefundable
containers 5
445.574a(3)(d) Pub ord H Improper acceptance or delivery of 10,000 or more
nonrefundable containers by dealer 5
445.574a(4)(d) Pub ord H Improper acceptance or delivery of 10,000 or more
nonrefundable containers by distributor 5
445.667 Pub ord G Changing, altering, or modifying reverse vending
machine or data for reverse vending machine 2
445.779 Pub ord H Antitrust violation 2
445.1505 Pub trst G Franchise investment law -- fraudulent filing/offers 7
445.1508 Pub trst G Franchise investment law -- sale without proper
disclosure 7
445.1513 Pub trst G Franchise investment law -- illegal offers/sales 7
445.1520 Pub trst G Franchise investment law -- keeping records 7
445.1521 Pub trst G Franchise investment law -- false representation 7
445.1523 Pub trst G Franchise investment law -- false statements of material
fact 7
445.1525 Pub trst G Franchise investment law -- false advertising 7
445.1528 Pub trst D Pyramid/chain promotions -- offer or sell 7
445.1671 Pub trst E Mortgage brokers, lenders -- knowingly giving a false
statement 15
445.2507(2) Pub ord F Violation of unsolicited commercial e-mail protection act
in furtherance of crime 4
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 5147.
This act is ordered to take immediate effect.
House Bill 5147 (2007)
The following text was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0387.htm
Act No. 387
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: Conditionally effective
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Reps. Bieda, Warren, LeBlanc, Condino, Young, Donigan, Simpson, Ebli, Corriveau, Farrah, Rocca, Lemmons, Accavitti, Gaffney, Hune, Virgil Smith, Mayes, Melton, Kathleen Law, Miller, Hopgood, Constan, Meisner, Polidori, Griffin, Leland, Robertson, Alma Smith, Stakoe, Dean, Johnson, Angerer, Sheltrown, Wojno, Pastor, Garfield, Meltzer, Brown, Byrum, Cushingberry, Lahti, Lindberg, McDowell, Ward, Palsrok, Moolenaar, Moss, Marleau, Hansen, Walker, Emmons, Agema, Proos, Meekhof, Bauer, Coulouris, Cheeks, Meadows, Vagnozzi, Hammon, Hammel, Tobocman, Sak, Valentine, Bennett, Hood, Gillard, Espinoza, Scott, Byrnes, Spade, Robert Jones, Wenke and Clemente
ENROLLED HOUSE BILL No. 5147
AN ACT to provide standards for reverse vending machines; to prohibit the use, replacement, leasing, transfer, and sales of certain designs of reverse vending machines; to prescribe penalties; and to provide for the powers and duties of certain state and local governmental officers and entities.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the "reverse vending machine antifraud act".
Sec. 3. As used in this act:
(a) "Beverage container" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(b) "Beverage container law" means 1976 IL 1, MCL 445.571 to 445.576.
(c) "Brand" means any word, name, group of letters, symbol, or trademark, or any combination of them, adopted and used by a manufacturer to identify a specific flavor or type of beverage and to distinguish that flavor or type of beverage from another beverage produced or marketed by that manufacturer or another manufacturer.
(d) "Dealer" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(e) "Department" means the department of treasury.
(f) "Designated glass container" means a 12-ounce glass beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(g) "Designated metal container" means a 12-ounce metal beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(h) "Designated plastic container" means a 20-ounce plastic beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(i) "Distributor" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(j) "Glass beverage container" means a beverage container composed primarily of glass.
(k) "Install" or "installation" means to equip an existing, new, or replacement reverse vending machine with vision technology for designated metal, plastic, or glass containers, including all reasonable and necessary technology, equipment, hardware, software, and labor and including 1 year of service by the reverse vending machine vendor.
(l) "Law enforcement agency" means the attorney general or a law enforcement agency as defined in section 2804 of the public health code, 1978 PA 368, MCL 333.2804.
(m) "Lease" does not include to renew or extend an existing lease for an existing reverse vending machine at the same location.
(n) "Manufacturer" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(o) "Metal beverage container" means a beverage container composed primarily of metal.
(p) "Nonreturnable container" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(q) "Person" means an individual, partnership, corporation, association, limited liability company, governmental entity, or other legal entity. The term includes a dealer, distributor, or manufacturer.
(r) "Plastic beverage container" means a beverage container composed primarily of plastic.
(s) "Returnable container" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(t) "Reverse vending machine" means a device designed to properly identify and process empty beverage containers and provide a means for a deposit refund on returnable containers.
(u) "Reverse vending machine manufacturer" means a person that engages in any of the following and the representatives of that person:
(i) Designing or manufacturing a reverse vending machine.
(ii) Selling or leasing a reverse vending machine to a dealer in this state.
(iii) Servicing or replacing a reverse vending machine of a dealer in this state.
(v) "Update" means to install vision technology for designated metal, plastic, or glass beverage containers in an existing, new, or replacement reverse vending machine.
(w) "Vision technology" means a camera or other scanning device that allows a reverse vending machine to determine if beverage containers are returnable containers based on symbols, marks, or other distinguishing characteristics on the beverage containers.
Sec. 5. Not later than 450 days after the effective date of this act, a reverse vending machine manufacturer shall begin installing vision technology into a sufficient sample of reverse vending machines that process glass beverage containers and plastic beverage containers and conducting testing of that vision technology in a commercial environment or other testing environment that is substantially similar to a commercial environment.
Sec. 7. (1) Subject to subsection (2), beginning 360 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes metal beverage containers for use in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and a dealer shall not use a reverse vending machine that processes metal beverage containers in any of those counties, if the reverse vending machine does not meet the following standards:
(a) It identifies at least 85% of appropriately marked and legible designated metal containers that are or are not nonreturnable containers, and authorizes or provides a refund only for those containers identified as returnable containers or refuses to provide or authorize a refund for those containers identified as nonreturnable containers.
(b) It maintains accurate data concerning the number of beverage containers accepted by that reverse vending machine, categorized according to the distributor of those beverage containers.
(2) If a reverse vending machine manufacturer demonstrates to the department's satisfaction that material and technical issues prevent the reverse vending machine manufacturer from meeting the requirements of subsection (1) by the date described in that subsection, the department may grant an extension of that date of not more than 180 days.
Sec. 9. (1) Subject to subsection (2), beginning 720 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes glass beverage containers or plastic beverage containers for use in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and a dealer shall not use a reverse vending machine that processes glass beverage containers or plastic beverage containers in any of those counties, if the reverse vending machine does not meet the following standards:
(a) It identifies at least 85% of appropriately marked and legible designated glass containers and designated plastic containers that are or are not nonreturnable containers, and authorizes or provides a refund only for those containers identified as returnable containers or refuses to provide or authorize a refund for those containers identified as nonreturnable containers.
(b) It maintains accurate data concerning the number of beverage containers accepted by that reverse vending machine, categorized according to the distributor of those beverage containers.
(2) If a reverse vending machine manufacturer demonstrates to the department's satisfaction that material and technical issues prevent the reverse vending machine manufacturer from meeting the requirements of subsection (1) by the date described in that subsection, the department may grant an extension of that date of not more than 180 days. The department may grant a second extension of not more than an additional 180 days, but only if the department determines that the reverse vending machine manufacturer gave its best effort to meeting the requirements of subsection (1) before the end of the first extension.
Sec. 11. A person shall not change, alter, or modify a reverse vending machine used or intended for use in this state in a manner designed to prevent the reverse vending machine from meeting the standards described in section 7(1) or 9(1). A person shall not assist another person's efforts to change, alter, or modify a reverse vending machine used or intended for use in this state in a manner designed to prevent the reverse vending machine from meeting the standards described in section 7(1) or 9(1).
Sec. 13. (1) A person shall not fraudulently change, alter, or modify data described in section 7(1) or 9(1) or assist another person's efforts to fraudulently change, alter, or modify data described in section 7(1) or 9(1).
(2) Each dealer shall retain the data described in sections 7(1) and 9(1) for at least 2 years, shall make any of that data concerning brands distributed by a distributor that provides a refund to the dealer under section 2(6) of the beverage container law, MCL 445.572, available for inspection by that distributor, and shall provide copies of that data to that distributor on request.
Sec. 15. (1) Each dealer shall allow the department and any law enforcement agency to inspect the dealer's reverse vending machines and the data described in sections 7(1) and 9(1) for the purpose of enforcing this act.
(2) If the department receives a complaint of a violation of this act, the department shall investigate to determine if a violation of this act has occurred.
(3) If the department determines or discovers that a violation of this act has occurred, the department shall notify the appropriate law enforcement agency of the violation.
(4) The department shall not require that a dealer or reverse vending machine manufacturer install or update a reverse vending machine to meet the requirements of section 7(1) or 9(1) unless the department first establishes under the beverage container redemption antifraud act that the dealer must install or retrofit the reverse vending machines at a retail location in order to meet the requirements of section 7(1) or 9(1) and makes money available for that installation or update under the beverage container redemption antifraud act.
Sec. 17. (1) A person who violates section 11 or 13(1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(2) Except as provided in subsection (1), and subject to subsections (3) and (4), a person that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
(3) A dealer or reverse vending machine manufacturer is not considered in violation of section 7(1) or 9(1) if the department has not made money available to the reverse vending machine manufacturer under the beverage container redemption antifraud act to update the dealer's reverse vending machines.
(4) A dealer is not considered in violation of the requirements imposed on a dealer in section 7(1) or 9(1) if the dealer is using the reverse vending machines of a reverse vending machine manufacturer and the reverse vending machines of that reverse vending machine manufacturer cannot be retrofitted due to the lack of technology to meet the standards described in subdivisions (a) and (b) of section 7(1) or 9(1).
(5) In addition to the penalty imposed under subsection (1) or (2), a court shall order a person convicted of a violation of this act to make restitution to this state and to any dealer or distributor for any loss caused by the violation.
Sec. 19. Within 4 years after the effective date of this act, the department shall provide a written report to the governor, the speaker of the house of representatives, and the senate majority leader. The report shall include a status report concerning the implementation of this act and the beverage container redemption antifraud act, the department's analysis of the effectiveness of these acts in reducing the redemption of nonreturnable containers in this state, the department's recommendation concerning whether the requirements of sections 7(1) and 9(1) should be extended to apply to reverse vending machines located in areas of the state not included in those sections, and any other recommendations the department may have for changes to these acts or other legislative action to reduce the redemption of nonreturnable containers in this state.
Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00.
Enacting section 2. This act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) Senate Bill No. 1532.
(b) Senate Bill No. 1648.
Senate Bill 1648
Beverage container redemption antifraud act
The text of this bill was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0388.htm
Act No. 388
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: December 29, 2008
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Senators Brown and Jelinek
ENROLLED SENATE BILL No. 1648
AN ACT to provide state payments to reverse vending machine manufacturers for the cost of retrofitting certain reverse vending machines; to provide money to certain dealers for the purchase of certain new reverse vending machines; to create the beverage container redemption antifraud fund; and to provide for the powers and duties of certain state governmental officers and entities.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the "beverage container redemption antifraud act".
Sec. 3. As used in this act:
(a) "Beverage container law" means 1976 IL 1, MCL 445.571 to 445.576.
(b) "Dealer" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(c) "Department" means the department of treasury.
(d) "Designated glass container", "designated metal container", and "designated plastic container" mean those terms as defined in the reverse vending machine antifraud act.
(e) "Fund" means the beverage container redemption antifraud fund created in section 7.
(f) "Install vision technology" means to equip an existing, new, or replacement reverse vending machine with vision technology for designated metal, plastic, or glass containers, including all reasonable and necessary technology, equipment, hardware, software, and labor, and 1 year of service directly related to the vision technology by the reverse vending machine vendor.
(g) "Overredeemer" means that term as defined in section 3b of the beverage container law, MCL 445.573b.
(h) "Retrofit" means to install vision technology for designated metal, plastic, or glass beverage containers in an existing, new, or replacement reverse vending machine.
(i) "Reverse vending machine" means that term as defined in the reverse vending machine antifraud act.
(j) "Reverse vending machine manufacturer" means that term as defined in the reverse vending machine antifraud act.
(k) "Vision technology" means that term as defined in the reverse vending machine antifraud act.
Sec. 5. (1) The department shall pay reverse vending machine manufacturers to retrofit reverse vending machines to comply with the reverse vending machine antifraud act.
(2) A reverse vending machine manufacturer that has agreed to retrofit a dealer's reverse vending machines to comply with the reverse vending machine antifraud act shall submit a written application to the department for payment to retrofit the dealer's reverse vending machines. All of the following apply to the application for payment described in this subsection:
(a) The department shall prescribe the form of the application.
(b) A reverse vending machine manufacturer may only submit an application for retrofitting a dealer's reverse vending machines and receive payment under this act if the dealer is required to retrofit those reverse vending machines under the reverse vending machine antifraud act.
(c) An application submitted to the department shall include all of the following:
(i) Contact information for the reverse vending machine manufacturer, the number of reverse vending machines to be retrofitted by the manufacturer, the serial numbers of those machines, where those machines are located, the name and contact information of the dealer that owns or leases those machines, a copy of the dealer's purchase order for the retrofitting of those machines, the street address and county where those machines will be in operation after they are retrofitted, and any other information required by the department.
(ii) The total cost of retrofitting each reverse vending machine described in the application to install vision technology.
(iii) The signature of a designated agent of the reverse vending machine manufacturer, certifying that all of the contents of the application are correct.
(iv) The signature of a designated agent of the dealer whose reverse vending machines are to be retrofitted by the reverse vending machine manufacturer, certifying that all of the contents of the application are correct.
(d) A reverse vending machine manufacturer shall submit a separate application for each location where a dealer operates reverse vending machines.
(3) A reverse vending machine manufacturer that receives payment under this act for retrofitting a reverse vending machine manufacturer shall accept that payment as full payment for the retrofitting of that machine.
(4) When a reverse vending machine manufacturer completes the retrofitting of the reverse vending machine at a dealer's location, the reverse vending machine manufacturer shall submit proof to the department, in a form and manner prescribed by the department and signed by a designated agent of the dealer, that the retrofitting is complete.
(5) The department shall not require that a dealer or reverse vending machine manufacturer retrofit a reverse vending machine to meet the dealer requirements imposed in section 7(1) or 9(1) of the reverse vending machine antifraud act unless the department first establishes under this act that the dealer must install or retrofit the reverse vending machines at a retail location in order to meet the requirements of section 7(1) or 9(1) of the reverse vending machine antifraud act and makes money available for that retrofit under this act.
Sec. 6. (1) If a dealer establishes a new retail store in a county of this state that borders another state, or in a county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and acquires new reverse vending machines for use in that store, the department shall pay the reverse vending machine manufacturer to install vision technology in those new reverse vending machines that meets the requirements of the reverse vending machine antifraud act.
(2) All of the following apply if a dealer purchases new reverse vending machines from a reverse vending machine manufacturer for use in a new retail store in a county described in subsection (1):
(a) The reverse vending machine manufacturer shall submit an application for payment in the form prescribed by the department. The reverse vending machine manufacturer shall include with the application a copy of the dealer's purchase order for the new reverse vending machines.
(b) A reverse vending machine manufacturer may not apply money received under this subsection to the purchase price of a new reverse vending machine that does not meet the requirements of the reverse vending machine antifraud act.
(c) The dealer shall operate the new reverse vending machine at the retail store for which it was acquired. However, if the dealer ceases retail sale of beverages in beverage containers at that new store, the dealer may move that reverse vending machine to another location and operate the reverse vending machine at that different location.
(d) The amount of a payment to a reverse vending machine manufacturer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology or $5,000.00, whichever is less. The reverse vending machine manufacturer must reduce the purchase price of the new reverse vending machine to the dealer by the amount of any payment to the reverse vending machine manufacturer under this subdivision.
Sec. 7. (1) The beverage container redemption antifraud fund is created in the state treasury. All of the following apply to the fund:
(a) The state treasurer may receive money appropriated to the fund or money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(b) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(c) The department is the administrator of the fund for auditing purposes.
(d) The department shall expend money from the fund, upon appropriation, only for the purposes of this act and the reverse vending machine antifraud act, including, but not limited to, administration of those acts. However, the department may not use more than $100,000.00 from the fund in any state fiscal year for administration of this act and the reverse vending machine antifraud act.
(2) At any time after it begins to receive reports described in section 13, but not later than 30 days after receiving all of the reports described in section 13, the department shall immediately begin to arrange with reverse vending machine manufacturers for the retrofitting of reverse vending machines under section 5 that are located in counties that border another state and in counties in the Lower Peninsula that are contiguous with a county of this state that borders another state. The department shall also arrange for payments from the fund on behalf of dealers eligible under section6 for the acquisition of new reverse vending machines for use in those counties.
(3) In allocating money from the fund for purposes of subsection (2), the department shall do all of the following:
(a) Subject to subdivision (b), give priority to retrofitting reverse vending machines under section 5 located in the counties described in subsection (2), or for the acquisition of new reverse vending machines under section 6 for use in those counties, that it determines have the greatest potential benefit for reducing the redemption of nonreturnable containers.
(b) Allocate at least 50% of the money in the fund to retrofitting reverse vending machines located in counties that border another state under section 5 or for the acquisition of new reverse vending machines under section 6 for use in counties that border another state.
(4) Beginning 1 year after the effective date of this act, the department by September 1 of each year shall report to the legislature on the progress it has made in reducing the redemption of nonreturnable containers, including the total number of distributors who were overreedemers in the immediately preceding calendar year, before trading, as well as the average amount of overredemption.
Sec. 9. (1) The amount of payment a reverse vending machine manufacturer may receive under section 7 for retrofitting a single reverse vending machine under section 5 is the total cost of retrofitting that reverse vending machine or $5,000.00, whichever is less.
(2) A dealer that operates a reverse vending machine at a location in a county of this state that borders another state, or in a county in the Lower Peninsula that is contiguous with a county of this state that borders another state, may elect to purchase or lease a new reverse vending machine that meets the requirements of the reverse vending machine antifraud act to replace that existing reverse vending machine rather than have that existing reverse vending machine retrofitted under section 5. All of the following apply if a dealer purchases or leases a new reverse vending machine from a reverse vending machine manufacturer under this subsection:
(a) The reverse vending machine manufacturer shall submit an application for payment in the form prescribed by the department. The reverse vending machine manufacturer shall include with the application a copy of the dealer's purchase order for the new reverse vending machine.
(b) A reverse vending machine manufacturer may not apply money received under this subsection to the purchase price of a new reverse vending machine that does not meet the requirements of the reverse vending machine antifraud act.
(c) The dealer shall operate the new reverse vending machine at the same location as the reverse vending machine it replaces. However, if the dealer ceases retail sale of beverages in beverage containers at that location, the dealer may move that reverse vending machine to another location and operate the reverse vending machine at that different location.
(d) The amount of a payment to a reverse vending machine manufacturer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology or $5,000.00, whichever is less. The reverse vending machine manufacturer must reduce the purchase price of the new reverse vending machine to the dealer by the amount of any payment to the reverse vending machine manufacturer under this subdivision.
(e) The reverse vending machine manufacturer may not apply for or receive payment under this act for retrofitting a reverse vending machine if the reverse vending machine manufacturer received money for a new reverse vending machine to replace that existing reverse vending machine under this subsection.
(f) For purposes of this act, the department shall consider the replacement of a reverse vending machine with a new reverse vending machine under this section as a retrofitting of a reverse vending machine.
Sec. 11. If the department determines that it has paid the reverse vending machine manufacturers for retrofitting all of the reverse vending machines located in the counties described in section 7(2), and for the acquisition of any new reverse vending machines under section 6 for use in those counties for which it has received applications for payment, and the total of those payments is less than the amount in the fund, the department shall distribute the money remaining in the fund to dealers for the purchase of new reverse vending machines. All of the following apply to a payment of money under this section:
(a) A dealer requesting money under this section shall submit an application for payment, in the form prescribed by the department.
(b) A dealer shall only use money received under this section to purchase a new reverse vending machine that meets the requirement of the reverse vending machine antifraud act and that the dealer will operate that reverse vending machine at a location in this state.
(c) The amount of a payment to a dealer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology, as determined by the department.
(d) The department shall disburse money from the fund under this section in the order in which it receives applications for payment under this section.
Sec. 13. (1) No later than 60 days after the effective date of this act, each dealer that operates reverse vending machines that are located in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, shall submit a report to the department.
(2) The report described in subsection (1) shall contain all of the following information:
(a) Contact information for the dealer.
(b) The street address and county of each location in the counties described in subsection (1) where the dealer uses reverse vending machines.
(c) The number of reverse vending machines used by the dealer at each location described in subdivision (b) and the type of beverage containers each of those reverse vending machines accepts.
(d) The number of beverage containers sold and the number of beverage containers redeemed by the dealer under the beverage container law in the preceding calendar year at each of the locations described in subdivision (b).
(3) The department shall prescribe the form of the report described in subsection (1).
Enacting section 1. This act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
This act is ordered to take immediate effect.
Senate Bill 1532
The text of this bill was found at http://www.legislature.mi.gov/documents/2007-2008/publicact/htm/2008-PA-0389.htm
Act No. 389
Public Acts of 2008
Approved by the Governor
December 25, 2008
Filed with the Secretary of State
December 29, 2008
EFFECTIVE DATE: Conditionally effective
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Senator Jelinek
ENROLLED SENATE BILL No. 1532
AN ACT to amend 1976 IL 1, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," (MCL 445.571 to 445.576) by adding section 2a.
The People of the State of Michigan enact:
Sec. 2a. (1) Except as provided in subsection (2), beginning 90 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in this state in a 12-ounce metal beverage container that is not a designated metal container if either of the following is met:
(a) Sales of that brand of beverage in 12-ounce metal beverage containers in this state in the preceding calendar year were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 12-ounce metal beverage containers in this state in the preceding calendar year were fewer than 500,000 cases, and 12-ounce metal beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(2) Beginning 90 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper Peninsula in a 12-ounce metal beverage container that is not a designated metal container if either of the following is met:
(a) Sales of that brand of beverage in 12-ounce metal beverage containers in the Upper Peninsula were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 12-ounce metal beverage containers in the Upper Peninsula in the preceding calendar year were fewer than 500,000 cases, and 12-ounce metal beverage containers of that brand of beverage were overredeemed in the Upper Peninsula by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(3) Except as provided in subsection (4), beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in this state in a 12-ounce glass beverage container that is not a designated glass container if either of the following is met:
(a) Sales of that brand of beverage in 12-ounce glass beverage containers in this state in the preceding calendar year were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 12-ounce glass beverage containers in this state in the preceding calendar year were fewer than 500,000 cases, and 12-ounce glass beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(4) Beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper Peninsula in a 12-ounce glass beverage container that is not a designated glass container if either of the following is met:
(a) Sales of that brand of beverage in 12-ounce glass beverage containers in the Upper Peninsula were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 12-ounce glass beverage containers in the Upper Peninsula in the preceding calendar year were fewer than 500,000 cases, and 12-ounce glass beverage containers of that brand of beverage were overredeemed in the Upper Peninsula by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(5) Except as provided in subsection (6), beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in this state in a 20-ounce plastic beverage container that is not a designated plastic container if either of the following is met:
(a) Sales of that brand of beverage in 20-ounce plastic beverage containers in this state in the preceding calendar year were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 20-ounce plastic beverage containers in this state in the preceding calendar year were fewer than 500,000 cases, and 20-ounce plastic beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(6) Beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper Peninsula in a 20-ounce plastic beverage container that is not a designated plastic container if either of the following is met:
(a) Sales of that brand of beverage in 20-ounce plastic beverage containers in the Upper Peninsula were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand of beverage in 20-ounce plastic beverage containers in the Upper Peninsula in the preceding calendar year were fewer than 500,000 cases, and 20-ounce plastic beverage containers of that brand of beverage were overredeemed in the Upper Peninsula by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(7) Beginning 90 days after the effective date of the amendatory act that added this section, a manufacturer of alcoholic beverages shall not sell, offer for sale, or give an alcoholic beverage to a consumer, dealer, or distributor in this state in a 12-ounce metal beverage container that is not a designated metal container if either of the following is met:
(a) Sales of that brand of beverage in this state in the preceding calendar year were at least 500,000 case equivalents, as determined by the department of treasury.
(b) Sales of that brand of beverage in this state in the preceding calendar year were fewer than 500,000 case equivalents, and beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(8) Beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of alcoholic beverages shall not sell, offer for sale, or give an alcoholic beverage to a consumer, dealer, or distributor in this state in a 12-ounce glass beverage container that is not a designated glass container if either of the following is met:
(a) Sales of that brand of beverage in this state in the preceding calendar year were at least 500,000 case equivalents, as determined by the department of treasury.
(b) Sales of that brand of beverage in this state in the preceding calendar year were fewer than 500,000 case equivalents, and beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(9) Beginning 450 days after the effective date of the amendatory act that added this section, a manufacturer of alcoholic beverages shall not sell, offer for sale, or give an alcoholic beverage to a consumer, dealer, or distributor in this state in a 20-ounce plastic beverage container that is not a designated plastic container if either of the following is met:
(a) Sales of that brand of beverage in this state in the preceding calendar year were at least 500,000 case equivalents, as determined by the department of treasury.
(b) Sales of that brand of beverage in this state in the preceding calendar year were fewer than 500,000 case equivalents, and beverage containers of that brand of beverage were overredeemed by more than 600,000 containers in the preceding calendar year, as determined by the department of treasury.
(10) A symbol, mark, or other distinguishing characteristic that is placed on a designated metal container, designated glass container, or designated plastic container by a manufacturer to allow a reverse vending machine to determine if that container is a returnable container must be unique to this state, or used only in this state and 1 or more other states that have laws substantially similar to this act.
(11) A person that violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $2,000.00, or both. Section 4 does not apply to a violation described in this subsection.
(12) As used in this section:
(a) "Alcoholic beverage" means beer, ale, any other malt drink of whatever alcoholic content, a mixed wine drink, or a mixed spirit drink.
(b) "Brand" means any word, name, group of letters, symbol, or trademark, or any combination of them, adopted and used by a manufacturer to identify a specific flavor or type of beverage and to distinguish that flavor or type of beverage from another beverage produced or marketed by that manufacturer or another manufacturer.
(c) "Designated glass container" means a 12-ounce glass beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(d) "Designated metal container" means a 12-ounce metal beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(e) "Designated plastic container" means a 20-ounce plastic beverage container that contains a symbol, mark, or other distinguishing characteristic that allows a reverse vending machine to determine if the beverage container is or is not a returnable container.
(f) "Glass beverage container" means a beverage container composed primarily of glass.
(g) "Metal beverage container" means a beverage container composed primarily of metal.
(h) "Nonalcoholic beverage" means a soft drink, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink.
(i) "Plastic beverage container" means a beverage container composed primarily of plastic.
(j) "Reverse vending machine" means a device designed to properly identify and process empty beverage containers and provide a means for a deposit refund on returnable containers.
Enacting section 1. This amendatory act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) Senate Bill No. 1648.
This act is ordered to take immediate effect.
