2007 House Bill 5147 (Require returnable beverage container bar codes and related equipment )

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Public Act 387 of 2008

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Introduced by Rep. Steve Bieda (D) on August 29, 2007, to prohibit the sale or lease of “reverse vending machines” (which are the automated bottle and can return machines used by stores to collect beverage container returns and calculate customer deposit refunds), unless the machines are capable of capturing and destroying at least 85 percent of the “foreign” containers (those on which no deposit was paid), and not giving customers a credit for these. The bill establishes regulations and enforcement provisions related to these machines. House Bill 5148 requires all returnable beverage containers sold in the state to have a bar code that the machines can read and which indicates whether or not they are Michigan returnables.
- Referred to the House Great Lakes and Environment Committee on August 29, 2007.
  - Reported in the House on November 13, 2008, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
  - Substitute offered in the House on December 4, 2008, to replace the previous version of the bill with one that only applies the bill provisions in 17 border counties, and only if $500,000 is appropriated to reimburse store owners for the costs of the required machines. This version was superseded by another substitute with these changes and some other technical changes. The substitute failed in the House by voice vote on December 4, 2008.
  - Substitute offered by Rep. Rebekah Warren (D) on December 4, 2008, to replace the previous version of the bill with one that only applies the bill provisions in 17 border counties, and only if $1 million is appropriated to reimburse store owners for the costs of the required machines. The substitute passed in the House by voice vote on December 4, 2008.
Passed in the House (98 to 1) on December 4, 2008, to prohibit the sale or lease of “reverse vending machines” (which are the automated bottle and can return machines used by stores to collect beverage container returns and calculate customer deposit refunds), unless the machines are capable of capturing and destroying at least 85 percent of the “foreign” containers (those on which no deposit was paid), and not giving customers a credit for these. The bill establishes regulations and enforcement provisions related to these machines. House Bill 5148 requires all returnable beverage containers sold in the state to have a bar code that the machines can read and which indicates whether or not they are Michigan returnables. It would only apply in counties, and only if $1 million is appropriated to reimburse store owners for the costs of the required machines. [Vote Details and Comments]
Received in the Senate on December 10, 2008.
- Substitute offered in the Senate on December 10, 2008. The substitute passed in the Senate by voice vote on December 10, 2008.
Passed in the Senate (35 to 1) on December 11, 2008. [Vote Details and Comments]
Received in the House on December 11, 2008.
Passed in the House (103 to 1) on December 18, 2008. [Vote Details and Comments]
Signed by Gov. Jennifer Granholm on December 25, 2008.

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1) Re: 2007 House Bill 5147 (Require returnable beverage container bar codes and related equipment ) [by Admin003 on December 27, 2008]

Rep. Caswell, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

While I agree with the intent of the bill and I understand it supposedly protects retailers from the costs of retrofitting their machines, I believe that with the budget problems the State has that in another year the retailers will get stuck with the bill for retrofitting their machines. Thus I voted no.”

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2) Re: 2007 House Bill 5147 (Require returnable beverage container bar codes and related equipment ) [by Admin003 on December 14, 2008]

Senator Pappageorge, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1648 and House Bill No. 5147.

Senator Pappageorge’s statement is as follows:

I want my colleagues to know that I am fully in support of this package of bills. The purpose of the “no” vote explanation is to remind folks that when we are done with these seven bills, this is just the beginning. We created two rows of counties where there will be difficulty turning in purported 10-cent cans. That doesn’t mean that it is a wall. Those truckloads of cans that have been coming into Michigan will continue to do so, and those trucks aren’t going to turn around. What they will do instead is they will drive another 45 minutes or so to the next county: Allegan, Barry, Eaton, Ingham, Livingston, Oakland, and Macomb. Particularly, in my district which straddles I-75, a whole bunch of trucks will be coming into Oakland County. This is a good first step, but we need to make sure that all of Michigan, all the storeowners in Michigan, are properly protected from fraud. Again, I applaud the sponsors of these seven bills, but I remind all of you that we are not done.

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3) Re: 2007 House Bill 5147 (Require returnable beverage container bar codes and related equipment ) [by Admin003 on December 8, 2008]

Rep. Caswell, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill and the others are more complicated than necessary. The problem could be addressed in a much simpler way.”

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