BEV. CONTAINER DEP. LAW; REPORTING VIOLATIONS S.B. 742 (S-2):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 742 (Substitute S-2 as reported)
CONTENT
The bill would amend the beverage container deposit law to require the Department of Attorney General to establish a telephone and electronic mechanism for a person to report a violation of the law.
Generally, under the law, a dealer, distributor, manufacturer, or other person that violates the law is subject to a fine of at least $100 but not more than $1,000 and is liable for the costs of prosecution. Each day a violation occurs counts as a separate offense. Additionally, beginning March 27, 2022, a distributor that, with the intent to defraud, violates Section 4c of the law is guilty of a crime as punishable as prescribed in the law.
The law also prohibits a person from returning or attempting to return to a dealer for a refund a beverage container that the person knows or should know was not purchased in Michigan as a filled returnable container and/or a beverage container that the person knows or should know did not have a deposit paid for it at the time of purchase. A dealer that violates this provision is subject to a penalty as prescribed in the law.
The law prohibits a distributor from knowingly accepting from and paying a deposit to a dealer for a nonrefundable container or knowingly deliver a nonreturnable container to a manufacturer for a refund. A distributor that violates this provision is subject to a penalty as prescribed in the law.
Under the law, in that portion of a dealer's premises where returnable containers are redeemed, a dealer must post a notice that says substantially the following: "A person who returns out-of-State nonreturnable containers for a refund is subject to penalties of up to five years in jail, a fine of $5,000, and restitution.". A dealer who fails to comply with this requirement is subject to a maximum civil fine of $50.
The bill would require the Department of Attorney General to establish a telephone and electronic mechanism for a person to report a violation of the law. Also, except as otherwise provided, the Department or a county prosecutor could bring an action to enforce the law.
MCL 445.574d & 445.574e Legislative Analyst: Stephen Jackson
FISCAL IMPACT
The bill would not have a significant fiscal impact on State or local government.
Date Completed: 1-27-22 Fiscal Analyst: Elizabeth Raczkowski
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.