Bill Text: MI SB0788 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Trade; containers; payments to certain contributors to beverage container antifraud fund; authorize from bottle deposit fund. Amends sec. 3c of 1976 IL 1 (MCL 445.573c). TIE BAR WITH: SB 0789'09, SB 0790'09

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2009-09-09 - Referred To Committee On Appropriations [SB0788 Detail]

Download: Michigan-2009-SB0788-Introduced.html

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SENATE BILL No. 788

 

 

September 9, 2009, Introduced by Senators JELINEK, VAN WOERKOM, BROWN and RICHARDVILLE and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1976 IL 1, 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 content,

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 prescribe penalties

and provide remedies,"

 

by amending section 3c (MCL 445.573c), as amended by 1996 PA 384.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3c. (1) There is created in the department of treasury a

 

bottle deposit fund which is a revolving fund administered by the

 

department of treasury. The money in the bottle deposit fund shall

 

not revert to the general fund. The bottle deposit fund is created

 

in the state treasury. All of the following apply to the bottle

 

deposit fund:

 

     (a) The fund is a revolving fund administered by the

 

department of treasury.

 

     (b) The state treasurer shall direct the investment of the

 

fund. The state treasurer shall credit to the fund interest and

 

earnings from fund investments.

 

     (c) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (d) The department of treasury is the administrator of the

 

fund for auditing purposes.

 

     (2) The amount paid to the department of treasury by

 

underredeemers shall be deposited by the department of treasury

 

shall deposit money paid by underredeemers under section 3b in the

 

bottle deposit fund created in subsection (1). for annual

 

disbursement by Subject to subsection (3), the department of

 

treasury shall annually disburse the money in the fund in the

 

following manner:

 

     (a) Seventy-five percent to the cleanup and redevelopment

 

trust fund created in section 3e.

 

     (b) Twenty-five percent to dealers. to be apportioned to each

 

dealer on the basis of The department of treasury shall determine

 

the amount paid to each dealer under this subdivision based on the

 

number of empty returnable containers handled by a that dealer, as

 

determined by the department of treasury.

 

     (3) Beginning in the 2010-2011 state fiscal year, in any state

 

fiscal year that the department of treasury deposits more than

 

$14,000,000.00 paid by underredeemers under section 3b in the

 

bottle deposit fund, the department of treasury shall disburse

 

$14,000,000.00 in the manner described in subsection (2) and the

 

balance of the money to those persons that have contributed money

 

to the beverage container redemption antifraud fund created in

 

section 7 of the beverage container redemption antifraud act, 2008

 

PA 338, MCL 445.637. In disbursing money to contributors to the

 

beverage container redemption antifraud fund under this subsection,

 

the department of treasury shall meet all of the following:

 

     (a) Disburse the money on a pro rata basis based on the

 

amounts described in subdivision (b).

 

     (b) The aggregate amount a contributor receives from the fund

 

shall equal the sum of the following:

 

     (i) The principal amount of the contributor's contribution to

 

the beverage container redemption antifraud fund.

 

     (ii) An additional amount equal to 24% of the contribution

 

described in subparagraph (i).

 

     (c) Subject to subdivision (d), disburse the aggregate amount

 

described in subdivision (b) to a contributor in 4 equal annual

 

installments, beginning in the state fiscal year in which the

 

contribution is made.

 

     (d) The department of treasury may disburse the aggregate

 

amount described in subdivision (b) to a contributor in fewer than

 

4 annual installments if the amount of each payment, except the

 

final payment, equals or exceeds 25% of the aggregate amount

 

described in subdivision (b).

 

     (e) If the amount available for disbursement to contributors

 

under this subsection in a state fiscal year exceeds the total

 

amount of payments contributors should receive under this

 

subsection, the department of treasury shall disburse that excess

 

amount in the manner described in subsection (2).

 

     (4) (3) Not later than June 1 of each year, the department of

 

treasury shall publish and make available to the public information

 

related to section 3b(1) and send a report of that information to

 

the legislature.

 

     (5) (4) The department of treasury may promulgate rules to

 

implement sections 3a to 3d pursuant to under the administrative

 

procedures act of 1969, Act No. 306 of the Public Acts of 1969,

 

being sections 24.201 to 24.328 of the Michigan Compiled Laws, 1969

 

PA 306, MCL 24.201 to 24.328, if the department of treasury

 

determines that rules are needed to properly implement and

 

administer those sections. 3a to 3d.

 

     (6) If the amount deposited by the department of treasury into

 

the bottle deposit fund from money paid by underredeemers under

 

section 3b in any state fiscal year beginning with the 2010-2011

 

state fiscal year is $14,000,000.00 or less, or if the department

 

deposited more than $14,000,000.00 paid by underredeemers under

 

section 3b in that state fiscal year but the legislature fails to

 

appropriate money for purposes of making the payments to

 

contributors described in subsection (3), a person that has

 

contributed money to the beverage container redemption antifraud

 

fund created in section 7 of the beverage container redemption

 

antifraud act, 2008 PA 338, MCL 445.637, is eligible for a

 

refundable tax credit under section 468 of the Michigan business

 

tax act, 2007 PA 36, MCL 208.1468, or under section 278 of the

 

income tax act of 1967, 1967 PA 281, MCL 206.278.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 789.                                   

 

         

 

     (b) Senate Bill No. 790.