Bill Status of SB 3442   97th General Assembly

Short Description:  PLASTIC BAG & FILM RECYCLE ACT

Senate Sponsors
Sen. Terry Link and John J. Millner

House Sponsors
(Rep. Michael W. Tryon-Paul Evans-Joe Sosnowski and Daniel J. Burke)


Last Action  View All Actions

DateChamber Action
  11/29/2012SenateTotal Veto Stands

Statutes Amended In Order of Appearance
New Act
5 ILCS 80/4.27

Synopsis As Introduced
Creates the Plastic Bag and Film Recycling Act. Requires manufacturers of plastic carryout bags to register with the Illinois Environmental Protection Agency and pay to the Agency an initial registration fee and annual registration renewal fee. Prohibits a manufacturer from selling or offering to sell plastic carryout bag in the State unless the manufacturer is registered with the Agency and its name is printed on the plastic carryout bags it manufactures. Requires each manufacturer to develop, and submit to the Agency, a plan to support the collection and recycling of plastic carryout bags and plastic film product wrap. Prohibits retailers from purchasing plastic carryout bags from manufacturers under certain circumstances. Sets forth duties of the Agency. Creates penalties for violations of the Act. Encourages manufacturers to include recycled content in the plastic carryout bags that they produce. Requires certain reports to be filed with the General Assembly. Makes the Act inapplicable in units of local government with a population of over 2,000,000. Specifies that the Plastic Bag and Film Recycling Act controls in the event of a conflict with another Act. Denies home rule powers. Amends the Regulatory Sunset Act to provide for the repeal of the Plastic Bag and Film Recycling Act on October 1, 2017. Effective immediately.

Senate Floor Amendment No. 1
Requires the manufacturers' reports to demonstrate improved access to collection sites and improved plastic bag and plastic film recycling rates. Deletes the provision that created a daily civil penalty. Limits home rule powers further in home rule units with 2,000,000 or fewer inhabitants by (i) making any effort to regulate the collection and recycling of plastic carryout bags through the imposition of a ban on those items an exclusive power and function of the State and (ii) prohibiting the imposition by those home rule units of a tax on the collection and recycling of plastic carryout bags and film.

 Pension Note (Government Forecasting & Accountability)
 SB 3442, as engrossed, will not impact any public pension fund or retirement system in Illinois.

 Land Conveyance Appraisal Note (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Fiscal Note (Illinois Environmental Protection Agency)
 SB 3442 would be revenue neutral to the Illinois Environmental Protection Agency, as the Illinois EPA's duties under the bill would be covered in part by the registration fee and otherwise carried out with the Agency's existing resources.

 State Debt Impact Note (Government Forecasting & Accountability)
 SB 3442, as engrossed, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Judicial Note (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 SB 3442 does not create a State mandate.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 SB 3442 does pre-empt home rule authority.

 Correctional Note (Dept of Corrections)
 There are no penalty enhancements associated with SB 3442. The bill would have no fiscal or population impact on the Department.

House Floor Amendment No. 1
Provides that dry cleaning bags and newspaper bags qualify as plastic film product wrap. Requires the Environmental Protection Agency to assign each manufacturer a unique vendor number at the time of registration. Authorizes a manufacturer to satisfy the Act's labeling requirement by printing a unique vendor number on the bags it manufactures. Authorizes manufacturers to cooperate with units of local government, retail establishments, solid waste agencies, and other entities to create a recycling plan. Increases the rate of recycling that must be demonstrated in the annual report for calendar year 2014. Creates separate penalties for retailers. Further limits home rule powers. Authorizes a home rule municipality that had a plastic bag and film take-back ordinance in effect on January 1, 2012 to continue the program created by that ordinance, as in effect on that date.

 Fiscal Note, House Floor Amendment No. 1 (Illinois Environmental Protection Agency)
 SB 3442 (H-AM 1) would be revenue neutral to the Illinois Environmental Protection Agency, as the Illinois EPA's duties under the bill would be covered in part by the registration fee and otherwise carried out with the Agency's existing resources.

 State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 3442 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 3442 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 3442 (H-AM 1) does pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 3442 (H-AM 1) does not create a State mandate.

 Judicial Note (Admin Office of the Illinois Courts)
 There may be a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the state.

 Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts)
 There may be a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the state.

 Housing Affordability Impact Note, House Floor Amendment No. 1 (Illinois Housing Development Authority)
 No fiscal effect on a single-family residence.

 Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget)
 There is an anticipated administrative cost associated with the implementation and enforcement of the SB 3442 (H-AM 1). The Illinois Environmental Protection Agency will need to register manufacturers, review recycling plans, coordinate recycling efforts, and post information on its website. There are only six plastic bag manufacturers in the country, so the $500 annual fee will not cover these expenses. Implementation would require additional administrative resources.

Actions 
DateChamber Action
  2/7/2012SenateFiled with Secretary by Sen. Terry Link
  2/7/2012SenateFirst Reading
  2/7/2012SenateReferred to Assignments
  2/17/2012SenateAssigned to Environment
  2/29/2012SenateDo Pass Environment; 007-000-000
  2/29/2012SenatePlaced on Calendar Order of 2nd Reading March 1, 2012
  3/23/2012SenateSecond Reading
  3/23/2012SenatePlaced on Calendar Order of 3rd Reading March 26, 2012
  3/23/2012SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Terry Link
  3/23/2012SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 1 Assignments Refers to Environment
  3/27/2012SenateSenate Floor Amendment No. 1 Recommend Do Adopt Environment; 007-000-000
  3/28/2012SenateRecalled to Second Reading
  3/28/2012SenateSenate Floor Amendment No. 1 Adopted; Link
  3/28/2012SenatePlaced on Calendar Order of 3rd Reading
  3/28/2012Senate3/5 Vote Required
  3/28/2012SenateThird Reading - Passed; 036-015-000
  3/29/2012HouseArrived in House
  3/29/2012HouseChief House Sponsor Rep. Linda Chapa LaVia
  3/29/2012HousePlaced on Calendar Order of First Reading
  3/29/2012HouseFirst Reading
  3/29/2012HouseReferred to Rules Committee
  4/16/2012HouseAssigned to Environmental Health Committee
  4/18/2012HouseAdded Alternate Chief Co-Sponsor Rep. Karen May
  4/18/2012HouseAlternate Chief Sponsor Changed to Rep. Michael W. Tryon
  4/18/2012HouseAlternate Chief Co-Sponsor Removed Rep. Karen May
  4/25/2012HouseDo Pass / Short Debate Environmental Health Committee; 012-004-000
  4/26/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/2/2012HousePension Note Filed
  5/3/2012HouseLand Conveyance Appraisal Note Filed
  5/3/2012HouseFiscal Note Filed
  5/3/2012HouseHome Rule Note Requested by Rep. Karen May
  5/3/2012HouseState Debt Impact Note Filed
  5/4/2012HouseJudicial Note Filed
  5/7/2012HouseHousing Affordability Impact Note Filed
  5/10/2012HouseState Mandates Fiscal Note Filed
  5/10/2012HouseHome Rule Note Filed
  5/11/2012HouseCorrectional Note Filed
  5/11/2012HouseAdded Alternate Chief Co-Sponsor Rep. Paul Evans
  5/17/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael W. Tryon
  5/17/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/17/2012HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/17/2012HouseAdded Alternate Co-Sponsor Rep. Kimberly du Buclet
  5/18/2012HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended
  5/18/2012HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended
  5/18/2012HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended
  5/21/2012HouseHouse Floor Amendment No. 1 Rules Refers to Environmental Health Committee
  5/21/2012HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  5/21/2012HouseHouse Floor Amendment No. 1 Home Rule Note Filed as Amended
  5/21/2012HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/22/2012HouseJudicial Note Filed Revised
  5/22/2012HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended
  5/22/2012HouseAlternate Co-Sponsor Removed Rep. Kimberly du Buclet
  5/22/2012HouseSecond Reading - Short Debate
  5/22/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Environmental Health Committee; 010-005-000
  5/23/2012HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/23/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2012HouseAdded Alternate Chief Co-Sponsor Rep. Joe Sosnowski
  5/24/2012HouseHouse Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/24/2012HouseRemoved from Short Debate Status
  5/24/2012HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/24/2012House3/5 Vote Required
  5/24/2012HouseThird Reading - Consideration Postponed
  5/24/2012HousePlaced on Calendar - Consideration Postponed
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/26/2012HouseHouse Floor Amendment No. 1 Balanced Budget Note Filed as Amended
  5/30/2012House3/5 Vote Required
  5/30/2012HouseThird Reading - Standard Debate - Passed 072-044-002
  5/30/2012HouseMotion Filed to Reconsider Vote Rep. David Reis
  5/30/2012HouseMotion to Reconsider Vote - Withdrawn Rep. David Reis
  5/30/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/30/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2012
  5/30/2012SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link
  5/30/2012SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2012SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/31/2012SenateAdded as Co-Sponsor Sen. John J. Millner
  5/31/2012SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 011-004-000
  6/1/2012Senate3/5 Vote Required
  6/1/2012SenateHouse Floor Amendment No. 1 Senate Concurs 038-015-001
  6/1/2012SenatePassed Both Houses
  6/29/2012SenateSent to the Governor
  8/27/2012SenateGovernor Vetoed
  11/14/2012SenatePlaced Calendar Total Veto November 27, 2012
  11/29/2012SenateMotion Filed Override Governor Veto Sen. Terry Link
  11/29/2012Senate3/5 Vote Required
  11/29/2012SenateOverride Governor Veto - Senate Lost 024-023-002
  11/29/2012SenateTotal Veto Stands

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