HB-6441, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6441

     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 $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 $500.00 $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

House Bill No. 6441 (H-3) as amended December 4, 2008

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

House Bill No. 6441 (H-3) as amended December 4, 2008

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) (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. 1392.

     (b) House Bill No. 6442.