By Mr. Nyman of Hanover, petition (accompanied by bill, House, No. 3341) of Robert J. Nyman relative to the fraudulent redemption of empty beverage containers subject to the beverage law.  Telecommunications, Utilities and Energy.

 

The Commonwealth of Massachusetts

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PETITION OF:

 

Robert J. Nyman

 

 

 

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In the Year Two Thousand and Seven.

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 An Act to prevent fraudulent redemption of empty beverage containers subject to the beverage law.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

SECTION 1. Section 323 of Chapter 94 of the Massachusetts General Laws, is hereby amended by adding the following at the end thereof:

                J. All vending machines in the Commonwealth which accept and redeem empty beverage containers subject to this Section from consumers, shall be designed to identify and redeem only beverage containers upon which a refund value is imposed and collected, and to reject beverage containers which are not subject to a refund value. No such vending machine may be sold or leased to, or otherwise placed in operation, at a dealer or redemption center location after May 1, 2005, which is not in compliance with this section. Any such vending machines operating at dealer or redemption center locations in the Commonwealth prior to May 1, 2001 may continue in operation, but must be re-designed by the machine manufacturer to comply with this section. The Secretary of Environmental Affairs shall determine the schedule for implementing compliance by existing machines based upon a finding by the Secretary that the technology is available for the machine to properly identify and redeem only beverage containers with a refund value and reject all other beverage containers. In no event shall this subsection be interpreted to authorize the Secretary to mandate any additional labeling so that vending machines can better identify Massachusetts containers.

             

            (d) The commissioner shall collect an appointment fee from each insurance producer, in the amount prescribed by section 14.  The commissioner may establish a procedure for administrative purposes by which a company remits payment of said fee on behalf of an appointee.

             

             

            SECTION 2.  Chapter 175, Section 14, of the General Laws, as most recently amended by Section 444 of Chapter 26 of the Acts of 2003, is hereby amended by striking out, in clause 24, the word “agent” and replacing it with the following:— producer.