HB4639 103RD GENERAL ASSEMBLY

LRB103 38430 BDA 68566 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4639

Introduced 1/31/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Small Single-Use Plastic Bottle Act. Provides that, beginning July 1, 2025, hotels with 50 rooms or more and, beginning January 1, 2026, hotels with less than 50 rooms may not provide small single-use plastic bottles containing personal care products to either (i) a customer of the establishment who is staying in a sleeping room accommodation or any space within the sleeping room accommodation or (ii) a customer of the establishment who is using a bathroom shared by the public or guests. Establishes civil penalties. Defines terms.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

Section 5. Definitions. As used in this Act:

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

"Personal care product" means shampoo, hair conditioner, or bath soap that is intended to be applied to or used on the human body in the shower, bath, or any part thereof.

"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 must not provide small single-use plastic bottles containing personal care products to either a customer of the establishment who is staying in a sleeping room accommodation or any space within the sleeping room accommodation or a customer of the establishment who is using a bathroom shared by the public or guests.

(b) Beginning January 1, 2026, a hotel with less than 50 rooms must not provide small single-use plastic bottles containing personal care products to either a customer of the establishment who is staying in a sleeping room accommodation or in any space within the sleeping room accommodation or a customer of the establishment who is using a bathroom shared by the public or guests.

(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 bathroom shared by the public or guests.

(d) A unit of local government, including a home rule unit, must not pass an ordinance, resolution, or rule prohibiting a hotel from providing small single-use plastic bottles containing personal care products to customers. This Act is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

Section 15. Civil penalties.

(a) A hotel that violates this Act is a liable for a written warning for a first violation of this Act and is liable for a civil penalty of $500 for a second or subsequent violation. The written warning shall recite the violation and advise that subsequent violations may result in citations and penalties. The Attorney General, a State's Attorney, or a municipal attorney may bring an action in circuit court for a civil penalty under this Section, and a circuit court may impose the civil penalty described in this Section, against the hotel for a second or subsequent violation of this Act.

(b) The Attorney General shall adopt rules to implement this Section, including rules describing the jurisdictional authority of the Attorney General, State's Attorneys, and municipal attorneys to bring actions for civil penalties under this Section.