HOUSE BILL No. 4051

 

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.