Bill Text: MI HB5423 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Trade: containers; distribution of bottle deposit fund; modify, and earmark. Amends sec. 3c of 1976 IL 1 (MCL 445.573c). TIE BAR WITH: HB 5422'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-02 - Referred To Second Reading [HB5423 Detail]
Download: Michigan-2019-HB5423-Introduced.html
HOUSE BILL NO. 5423
January 28, 2020, Introduced by Reps. Iden,
Sneller, Chirkun and Lilly 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 3c (MCL 445.573c), as amended by 1996 PA 384.
the people of the state of michigan enact:
Sec. 3c. (1) There The bottle deposit fund is created in the department of treasury. a bottle deposit fund which The fund is a revolving fund administered by the department of treasury. The money deposited in the bottle deposit fund shall not revert to the general fund.
(2) The bottle bill enforcement fund is created in the department of treasury. The fund is a revolving fund administered by the department of treasury. The money deposited in the bottle bill enforcement fund shall not revert to the general fund.
(3) (2) The department of treasury shall deposit the amount paid to the department of treasury by underredeemers shall be deposited by the department of treasury in into the bottle deposit fund created in subsection (1) for annual disbursement by the department of treasury in the following manner:
(a) Seventy-five Forty percent to the department of environment, Great Lakes, and energy to be disbursed as follows:
(i) Seventy-five percent to the renew Michigan fund created in section 51g of the income tax act of 1967, 1967 PA 281, MCL 206.51g, to be used for recycling purposes as described in that section.
(ii) Twenty-five percent to the cleanup and redevelopment trust fund created in section 3e.
(b) Twenty-five percent to dealers to be apportioned to each dealer on the basis of the number of empty returnable containers handled by a dealer as determined by the department of treasury.
(c) Twenty percent to distributors to be apportioned to each distributor on the basis of the number of empty returnable containers handled by the distributor, as determined by the department of treasury.
(d) Fifteen percent to the bottle bill enforcement fund created in subsection (2). The department of treasury shall disburse the money deposited into the fund to the department of state police and county and local law enforcement for use in enforcing this act and investigating violations of this act. The department of state police and county and local law enforcement shall apply for the disbursement of funds and the department of treasury shall disburse the funds in a manner determined by the department.
(4) (3) Not later than June 1 of each year, the department of treasury shall publish and make available to the public information related to section 3b(1) and send a report of that information to the legislature.
(5) (4) The If the department of treasury determines that rules are needed to properly implement and administer sections 3a to 3d, the department of treasury may promulgate rules to implement and administer those sections 3a to 3d pursuant to under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, if the department of treasury determines that rules are needed to properly implement and administer sections 3a to 3d.1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5422 (request no. 02698'19 **) of the 100th Legislature is enacted into law.
