2008 House Bill 6441 / Public Act 384

Increase fraudulent bottle deposit penalties

Introduced in the House

Sept. 11, 2008

Introduced by Rep. Rebekah Warren (D-53)

To increase from $100 to $500 the civil fine for a person who attempts to return between 25 and 100 nonreturnable beverage containers for the deposits, and increase the criminal penalty for more than 100 containers to up to two years in prison and a $1,000 fine, with steeper penalties for subsequent offences. The bill also provides penalties for a retailer or distributor who knowingly accepts nonreturnables and attempts to return them to a distributor or manufacturer..

Referred to the Committee on Great Lakes and Environment

Nov. 13, 2008

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Dec. 4, 2008

Substitute offered

To replace the previous version of the bill with one that revises various details, but does not change its substance. This version was subsequently superseded by another substitute with more changes.

The substitute failed by voice vote

Substitute offered by Rep. Rebekah Warren (D-53)

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Rebekah Warren (D-53)

To establish that dealers are not liable for violations by employees if they have a written policy prohibitting employees from knowingly redeeming non-returnable containers.

The amendment passed by voice vote

Passed in the House 97 to 0 (details)

To increase from $100 to $500 the civil fine for a person who attempts to return between 25 and 100 nonreturnable beverage containers for the deposits, increase the criminal penalty for between 100 and 10,000 containers to up to two years in prison and a $1,000 fine, and five years and a $5,000 fine for more than 10,000, with steeper penalties for subsequent offences. The bill also provides penalties for a retailer or distributor who knowingly accepts nonreturnables and attempts to return them to a distributor or manufacturer.

Received in the Senate

Dec. 10, 2008

Dec. 11, 2008

Passed in the Senate 35 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 25, 2008