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.