January 22, 2013, Introduced by Rep. Kurtz and referred to the Committee on Regulatory Reform.
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 amended by 2008 PA 384.
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 or attempts to return 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 or attempts to return 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 or attempts to return 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 or attempts to return 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 10,000 nonreturnable
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 10,000 nonreturnable
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.