HOUSE BILL No. 5061


     July 16, 1997, Introduced by Reps. Griffin, LeTarte, Profit, Nye, Law, Raczkowski, Brackenridge, Jelinek, Owen, Hale and Oxender and referred to the Committee on Commerce.


        A bill to amend the Initiated Law of 1976, 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 con-
   tent, 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 pre-
   scribe penalties and provide remedies,"

   by amending section 4 (MCL 445.574), as amended by 1982 PA 39,

   and by adding sections 4a and 4b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  A  EXCEPT AS PROVIDED IN SECTION 4A, A person,

 2    dealer, distributor, or manufacturer who violates this act  shall

 3     be fined  IS SUBJECT TO A FINE OF not less than $100.00  nor  OR

 4    more than $1,000.00 and IS LIABLE FOR THE costs of prosecution.

 5     Every  EACH day a violation occurs,  is  a separate offense IS

 6    COMMITTED.



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 1         SEC. 4A.  (1) A PERSON, DEALER, OR DISTRIBUTOR SHALL NOT

 2    RETURN OR ATTEMPT TO RETURN FOR A REFUND 1 OR MORE OF THE

 3    FOLLOWING:

 4         (A) A RETURNABLE CONTAINER THAT THE PERSON, DEALER, OR DIS-

 5    TRIBUTOR KNOWS OR SHOULD KNOW WAS NOT PURCHASED IN THIS STATE AS

 6    A FILLED RETURNABLE CONTAINER.

 7         (B) A BEVERAGE CONTAINER THAT THE PERSON, DEALER, OR DIS-

 8    TRIBUTOR KNOWS OR SHOULD KNOW DID NOT HAVE A DEPOSIT PAID FOR IT

 9    AT THE TIME OF PURCHASE.

10         (C) A BEVERAGE CONTAINER THAT THE PERSON, DEALER, OR DIS-

11    TRIBUTOR KNOWS OR SHOULD KNOW HAS ALREADY HAD A REFUND PAID ON IT

12    FOR THE RETURN OF A RETURNABLE BEVERAGE CONTAINER.

13         (2) A PERSON, DEALER, OR DISTRIBUTOR WHO VIOLATES SUBSECTION

14    (1) IS RESPONSIBLE FOR A STATE CIVIL INFRACTION AND IS SUBJECT TO

15    A FINE OF NOT MORE THAN $250.00.

16         (3) AS USED IN THIS SECTION AND SECTION 4B, "STATE CIVIL

17    INFRACTION" MEANS THAT TERM AS DEFINED IN SECTION 113 OF THE

18    REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.113.

19         SEC. 4B.  A DEALER WHO ESTABLISHES AN AREA IN THE DEALER'S

20    PLACE OF BUSINESS TO ACCEPT THE RETURN OF RETURNABLE BEVERAGE

21    CONTAINERS, AS REQUIRED BY THIS ACT, SHALL POST A NOTICE IN THAT

22    IMMEDIATE AREA OR ON A DEVICE USED TO ACCEPT RETURNABLE BEVERAGE

23    CONTAINERS FOR A REFUND THAT SAYS THE FOLLOWING: "IT IS A CIVIL

24    INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN $250.00 TO

25    RETURN OR ATTEMPT TO RETURN, FOR A REFUND, A BEVERAGE CONTAINER

26    THAT WAS NOT ORIGINALLY A FILLED RETURNABLE CONTAINER SOLD IN

27    THIS STATE.".



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