Bill Text: MS HB1500 | 2018 | Regular Session | Engrossed
Bill Title: Counties and municipalities; prohibit certain regulation of the use, disposition, sale or taxing of disposal plastic bags and certain other containers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-27 - Died In Committee [HB1500 Detail]
Download: Mississippi-2018-HB1500-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Conservation and Water Resources
By: Representative Gunn
House Bill 1500
(As Passed the House)
AN ACT TO PROHIBIT COUNTIES AND CITIES FROM REGULATING THE USE, DISPOSITION OR SALE OF AUXILIARY CONTAINERS AS WELL AS THE IMPOSITION OF A TAX, FEE OR CHARGE ON SUCH CONTAINERS; TO DEFINE THE TERM "AUXILIARY CONTAINER"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following words, terms and phrases, when used in this act, shall have the meaning as defined in this section, except where the context clearly indicates otherwise:
(a) "Auxiliary
container" means a bag, cup, bottle, or other packaging, whether reusable
or single-use, that meets both of the following requirements:
(i) Is made of cloth, paper, plastic, cardboard, corrugated
material, aluminum, glass, postconsumer recycled material, or similar material
or substrates, including coated, laminated, or multilayer substrates; and
(ii) Is designed for transporting, consuming, or protecting
merchandise, food, or beverages from or at a food service or retail facility.
(b) "Local unit of government" means a county, township,
city, or village.
SECTION 2. Except as otherwise provided under Section 3 of
this act, a local unit of government shall not adopt or enforce an ordinance
that does any of the following:
(a) Regulates the use, disposition, or sale of auxiliary containers;
(b) Prohibits or restricts auxiliary containers; or
(c) Imposes a fee, charge or tax on auxiliary containers.
SECTION 3. (1) This act shall not be construed to prohibit
or restrict any of the following:
(a) A curbside recycling program;
(b) A designated residential or commercial recycling location; or
(c) A commercial recycling program.
(2) This act shall not apply to any of the following:
(a) An ordinance that prohibits littering; or
(b) The use of auxiliary containers on property owned by a local
unit of government.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.
