View Amendment Current Amendment: 1 to Bill 3529 _______proposes the following Amendment No. 1 to H. 3529 (COUNCIL\SA\3529C001.DKA.SA17):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking in its entirety Section 37-77-20, SECTION 1, and inserting:

     / Section 39-77-20. As used in this chapter, 'auxiliary container' means a bag, cup, package, container, bottle, or other packaging that is:
     (1)      designed to be either reusable or single-use;
     (2)      made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, expanded polystyrene, corrugated material, aluminum, glass, postconsumer recycled, or similar material or substrates, including coated, laminated, or multilayer substrates; and
     (3)      designed for, but not limited to, consuming, transporting, or protecting merchandise, food, or beverages from or at a food service or retail facility.      /

Amend further, page 2, by striking in its entirety Section 39-77-30, SECTION 1, and inserting:

     / Section 39-77-30.      (A)      Any regulation regarding the use, disposition, sale, or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers must be done only by the General Assembly. This chapter supersedes and preempts any ordinance enacted by a political subdivision that purports to regulate the use, disposition, sale, or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers at the retail, manufacturer, or distributor level.
     (B)      Nothing in this chapter may be construed to prohibit or limit any county or municipal ordinance regulating solid waste, any agreement pertaining to the disposal of solid waste, curbside recycling program, designated residential or commercial recycling locations, or commercial recycling program.
     (C)      The provisions of this chapter do not apply to the use of auxiliary containers on a property owned by a county or municipality.
     (D)      The provisions of this chapter apply to auxiliary container regulations enacted after January 1, 2017. /

Renumber sections to conform.
Amend title to conform.