Amendments for HB20-1163

House Journal, February 26
6 HB20-1163 be amended as follows, and as so amended, be referred to
7 the Committee on Finance with favorable
8 recommendation:
9
10 Amend printed bill, page 3, strike lines 18 through 27.
11
12 Page 4, strike lines 1 through 22.
13
14 Renumber succeeding subsections accordingly.
15
16 Page 5, strike lines 5 through 7 and substitute "LIFE CYCLE AND AFTER
17 DISPOSAL.".
18
19 Page 5, line 17, strike "POUNDS," and substitute "POUNDS OVER A
20 DISTANCE OF ONE HUNDRED SEVENTY-FIVE FEET,".
21
22 Page 5, line 22, after "OF" insert "FILM".
23
24 Page 6, strike lines 15 and 16 and substitute "STRAW, OR A SINGLE-USE
25 PLASTIC STIRRER.".
26
27 Page 7, line 1, strike "REQUEST;" and substitute "REQUEST OF THE
28 CUSTOMER;".
29
30 Page 7, line 10, strike "STIRRER; OR" and substitute "STIRRER.".
31
32 Page 7, strike lines 11 through 14.
33
34 Page 8, strike lines 25 through 27.
35
36 Page 9, strike lines 1 through 9 and substitute:
37
38 "25-17-504. Bag charge - disposition of money - repeal.
39 (1) (a) ON AND AFTER JULY 1, 2021, AN OWNER, OPERATOR, EMPLOYEE,
40 CONTRACTOR, OR AGENT OF A STORE MAY PROVIDE A CUSTOMER WITH ONE
41 OR MORE RECYCLABLE PAPER CARRYOUT BAGS OR SINGLE-USE PLASTIC
42 CARRYOUT BAGS AT THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE
43 OF TEN CENTS PER RECYCLABLE PAPER CARRYOUT BAG OR SINGLE-USE
44 PLASTIC CARRYOUT BAG, OR A HIGHER CHARGE IF A MUNICIPALITY OR
45 COUNTY RAISES THE CHARGE BY ORDINANCE OR RESOLUTION. FOR EACH
46 BAG CHARGE PURSUANT TO THIS SUBSECTION (1)(a), THE STORE SHALL:
47 (I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH
48 THE STORE IS LOCATED OR, IF THE STORE IS NOT LOCATED WITHIN A
49 MUNICIPALITY, TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED,
50 WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
51 (A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS
52 SECTION; AND
53 (B) FOR ANY RECYCLING, COMPOSTING, OR OTHER WASTE
54 DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION
55 ACTIVITIES; AND
1 (II) RETAIN FORTY PERCENT, WHICH PORTION OF THE FEE DOES NOT
2 COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX.
3 (b) THE BAG CHARGE SET FORTH IN SUBSECTION (1)(a) OF THIS
4 SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO
5 THE STORE THAT THE CUSTOMER IS A PARTICIPANT IN A FEDERAL OR STATE
6 FOOD ASSISTANCE PROGRAM.
7 (c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2022.
8 (2) (a) ON AND AFTER JULY 1, 2022, AN OWNER, OPERATOR,
9 EMPLOYEE, CONTRACTOR, OR AGENT OF A STORE MAY PROVIDE A
10 CUSTOMER WITH ONE OR MORE RECYCLABLE PAPER CARRYOUT BAGS AT
11 THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE OF TEN CENTS PER
12 RECYCLABLE PAPER CARRYOUT BAG, OR A HIGHER CHARGE IF A
13 MUNICIPALITY OR COUNTY RAISES THE CHARGE BY ORDINANCE OR
14 RESOLUTION. FOR EACH BAG CHARGE PURSUANT TO THIS SUBSECTION (2),
15 THE STORE SHALL:
16 (I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH
17 THE STORE IS LOCATED OR, IF THE STORE IS NOT LOCATED WITHIN A
18 MUNICIPALITY, TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED,
19 WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
20 (A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS
21 SECTION; AND
22 (B) FOR ANY RECYCLING, COMPOSTING, OR OTHER WASTE
23 DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION
24 ACTIVITIES; AND
25 (II) RETAIN FORTY PERCENT, WHICH PORTION OF THE FEE DOES NOT
26 COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX.
27 (b) THE BAG CHARGE SET FORTH IN SUBSECTION (2)(a) OF THIS
28 SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO
29 THE STORE THAT THE CUSTOMER IS A PARTICIPANT IN A FEDERAL OR STATE
30 FOOD ASSISTANCE PROGRAM.
31 (c) (I) ON AND AFTER JULY 1, 2022, AND THROUGH DECEMBER 31,
32 2022, AN OWNER, OPERATOR, EMPLOYEE, CONTRACTOR, OR AGENT OF A
33 STORE MAY PROVIDE A CUSTOMER WITH A SINGLE-USE PLASTIC CARRYOUT
34 BAG AT THE POINT OF SALE FOR THE CHARGE DESCRIBED IN SUBSECTION
35 (2)(a) OF THIS SECTION ONLY IF THE SINGLE-USE PLASTIC CARRYOUT BAG
36 IS WITHIN THE STORE'S REMAINING INVENTORY PURSUANT TO SECTION
37 25-17-503 (2)(a). THE STORE SHALL REMIT THE CHARGE COLLECTED IN
38 ACCORDANCE WITH SUBSECTION (2)(a) OF THIS SECTION.
39 (II) THIS SUBSECTION (2)(c) is repealed, effective January 1, 2023.
40 (3) A STORE THAT PROVIDES CARRYOUT BAGS FOR A CHARGE
41 PURSUANT TO THIS SECTION SHALL:
42 (a) FOR EACH CUSTOMER PROVIDED A CARRYOUT BAG FOR A FEE,
43 PROVIDE ON THE CUSTOMER'S TRANSACTION RECEIPT, A RECORD OF THE
44 NUMBER OF CARRYOUT BAGS PROVIDED AS PART OF THE TRANSACTION
45 AND THE TOTAL AMOUNT OF FEES CHARGED FOR THE CARRYOUT BAGS
46 PROVIDED, ITEMIZED BY TYPE OF CARRYOUT BAG;
47 (b) NOT REFUND TO THE CUSTOMER ANY PORTION OF THE
48 CARRYOUT BAG CHARGE, EITHER DIRECTLY OR INDIRECTLY, OR ADVERTISE
49 OR OTHERWISE CONVEY TO CUSTOMERS THAT ANY PORTION OF THE
50 CARRYOUT BAG CHARGE WILL BE REFUNDED; AND
51 (c) CONSPICUOUSLY DISPLAY A SIGN IN A LOCATION INSIDE OR
52 OUTSIDE THE STORE, WHICH SIGN ALERTS CUSTOMERS ABOUT THE
53 CARRYOUT BAG CHARGE.".
54
18 55 Strike "2021" and substitute "2022" on: Page 6, line 23; Page 7, lines
1 and 20; and Page 9, lines 11 and 15.
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