Michigan 2008 bill text
Senate Bill 1391
The following text was found at http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/htm/2008-SIB-1391.htm
June 17, 2008, Introduced by Senators BROWN, JELINEK, PAPPAGEORGE and GARCIA and referred to the Committee on Commerce and Tourism.
A bill 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 is guilty of a misdemeanor
punishable by a fine of not more than $100.00 may be ordered to pay
a civil fine of not more than $500.00.
(b) If the person returns more than 100 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
$500.00 $1,000.00, or both.
(c) If the person returns more than 100 nonreturnable
containers for a second or subsequent time, the person is guilty of
a felony punishable by imprisonment for not more than 2 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 $500.00.
(b) If the dealer knowingly accepts from and pays a deposit on
more than 100 nonreturnable containers to a person, or knowingly
delivers more than 100 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 nonreturnable containers to a person, or knowingly
delivers more than 100 nonreturnable containers to a distributor
for a refund, for a second or subsequent time, the dealer is guilty
of a felony punishable by imprisonment for not more than 2 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 $500.00.
(b) If the distributor knowingly accepts from and pays a
deposit on more than 100 nonreturnable containers to a dealer, or
knowingly delivers more than 100 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 nonreturnable containers to a dealer, or
knowingly delivers more than 100 nonreturnable containers to a
manufacturer for a refund, for a second or subsequent time, the
distributor is guilty of a felony punishable by imprisonment for
not more than 2 years or a fine of not more than $5,000.00, or
both.
(5) It is an affirmative defense in an action against a dealer
or distributor under this section for a violation committed by an
employee of the dealer or distributor that the dealer or
distributor had in force at the time of the violation and continues
to have in force a written policy prohibiting the redemption of
nonreturnable containers by employees and that the dealer or
distributor enforced and continues to enforce the policy.
(6) (c) A In addition to the penalty described in this
section, the court shall order a person found guilty under this
subsection shall be ordered by the court 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:
(a) Senate Bill No. 1394.
(b) Senate Bill No. 1393.
Senate Bill 1393
The following text was found at http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/htm/2008-SIB-1393.htm
June 17, 2008, Introduced by Senators ALLEN, JELINEK, PAPPAGEORGE, GARCIA and BROWN and referred to the Committee on Commerce and Tourism.
A bill 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 for
refund an out-of-state nonreturnable container containers for a
refund is subject to penalties of up to 93 days 2 years in jail,
and a fine of $500.00 $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:
(a) Senate Bill No. 1394.
(b) Senate Bill No. 1391.
Senate Bill 1394
The following text was found at http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/htm/2008-SIB-1394.htm
June 17, 2008, Introduced by Senators JELINEK, PAPPAGEORGE, GARCIA and BROWN and referred to the Committee on Commerce and Tourism.
A bill 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 2 (MCL 445.572), as amended by 1998 PA 473.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) A dealer within this state shall not sell, offer
for sale, or give to a consumer a nonreturnable container or a
beverage in a nonreturnable container in this state.
(2) A Subject to subsection (3), a dealer who that regularly
sells beverages for consumption off the dealer's premises shall
provide on the premises, or within 100 yards of the premises on
which the dealer sells or offers for sale a beverage in a
returnable container, a convenient means whereby the where
containers of any kind, size, and brand sold or offered for sale by
the dealer may be returned by, and the deposit refunded in cash to,
a person, whether or not the person is the original customer of
that dealer , and whether or not the container was sold by that
dealer.
(3) Regional centers for the redemption of returnable
containers may be established, in addition to but not as
substitutes for, the means established for refunds of deposits
prescribed in subsection (2).
(4) Except Subject to subsection (12), and except as provided
in subsections (5) and (7), a dealer shall accept from a person an
empty returnable container of any kind, size, and brand sold or
offered for sale by that dealer and pay to that person its full
refund value in cash. However, a dealer may accept, but is not
required to accept, empty returnable containers from a person for a
refund that exceeds the following amounts on any given day:
(a) Except for a dealer described in subdivision (b), $5.00.
(b) If a dealer utilizes 1 or more reverse vending machines to
redeem beverage containers, $25.00. As used in this subdivision,
"reverse vending machine" means a device designed to properly
identify an empty returnable container and provide a means for a
deposit refund.
(5) A dealer who that does not require a deposit on a
returnable container when the contents are consumed in the dealer's
sale or consumption area is not required to pay a refund for
accepting that empty container.
(6) Except Subject to subsection (12), and except as provided
in subsection (7), a distributor shall accept from a dealer an
empty returnable container of any kind, size, and brand sold or
offered for sale by that distributor and pay to the dealer its full
refund value in cash.
(7) Each Subject to subsection (12), each beverage container
sold or offered for sale in this state by a dealer within this
state shall clearly indicate, by embossing or by a stamp, a label,
or other method securely affixed to the beverage container, the
refund value of the container and the name of this state. A dealer
or distributor may, but is not required to, refuse to accept from a
person an empty returnable container which that does not state on
the container the refund value of the container and the name of
this state. This subsection does not apply to a refillable
container having a that has refund value of not less than 10 cents,
having has a brand name permanently marked on it, and having has a
securely affixed method of indicating that it is a returnable
container.
(8) A dealer within this state shall not sell, offer for sale,
or give to consumers a consumer a metal beverage container , any
part of which in this state if any part of the container becomes
detached when opened.
(9) A person, dealer, distributor, or manufacturer shall not
return an empty container to a dealer for a refund of the deposit
if a dealer has already refunded the deposit on that returnable
container. This subsection does not prohibit a dealer from
refunding the deposit on an empty returnable container each time
the returnable container is sanitized by the manufacturer and
reused as a beverage container.
(10) A dealer may accept, but is not required to accept, from
a person, empty returnable containers for a refund in excess of
$25.00 on any given day.
(10) (11) A manufacturer licensed by the commission shall not
require a distributor licensed by the commission to pay a deposit
to the manufacturer on a nonrefillable container. However, a
manufacturer licensed by the commission and a distributor licensed
by the commission may enter into an agreement providing that either
or both may originate a deposit or any portion of a deposit on a
nonrefillable container if the agreement is entered into freely and
without coercion.
(11) (12) A manufacturer shall refund the deposit paid on any
container returned by a distributor for which a deposit has been
paid by a distributor to the manufacturer.
(12) (13) Subsections (4), (6), and (7) apply only to a
returnable container that was originally sold in this state as a
filled returnable container.
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) Senate Bill No. 1391.
(b) Senate Bill No. 1393.
