HOUSE BILL No. 6441

 

September 11, 2008, Introduced by Reps. Warren and Bieda and referred to the Committee on Great Lakes and Environment.

 

     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.____ or House Bill No. 6444(request no.

 


05874'07).

 

     (b) Senate Bill No.____ or House Bill No. 6442(request no.

 

07087'08).