HB4831ham001 103RD GENERAL ASSEMBLY

Rep. Kam Buckner

Filed: 3/15/2024

10300HB4831ham001 LRB103 38457 BDA 70618 a

AMENDMENT TO HOUSE BILL 4831

AMENDMENT NO. ______. Amend House Bill 4831 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Small Single-Use Plastic Act.

Section 5. Definitions. As used in this Act:

"Hotel" has the meaning given in the Hotel Operators' Occupation Tax Act.

"Personal care products" means a product intended to be applied to or used on the human body in the shower, bath, or any part thereof and shall include only shampoo, hair conditioner, and bath soap.

"Small, single-use plastic bottle" means a plastic bottle or container with less than a 6-ounce capacity that is intended to be nonreusable by the end user.

Section 10. Small, single-use plastic bottles at hotels.

(a) Beginning July 1, 2025, a hotel with 50 rooms or more shall not provide small, single-use plastic bottles containing personal care products in any space within a sleeping room accommodation, within bathrooms shared by the public or guests, or to a customer of the establishment staying in a sleeping room accommodation.

(b) Beginning January 1, 2026, a hotel shall not provide small, single-use plastic bottles containing personal care products in any space within a sleeping room accommodation, within bathrooms shared by the public or guests, or to a customer of the establishment staying in a sleeping room accommodation.

(c) A hotel may provide personal care products in small, single-use plastic bottles to a person at no cost, upon request, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or a space within bathrooms shared by the public or guests.

(d) A unit of local government, including a home rule unit, shall not regulate the provision of small, single-use plastic bottles in a manner inconsistent with the regulation by the State of the provision of small, single-use plastic bottles under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 15. Civil penalties.

(a) A hotel in violation of this Act shall receive a written warning for the first violation from a State's Attorney or a municipal attorney. The written warning shall recite the violation and advise that subsequent violations may result in citations and penalties. Upon a second or subsequent violation, the hotel may be liable for a civil penalty of $500 for each violation after an action under subsection (b).

(b) A State's Attorney or municipal attorney may bring an action in circuit court to request a civil penalty, and a circuit court may impose a civil penalty under this Section against a hotel violating this Act.".