HB3384 97TH GENERAL ASSEMBLY

LRB097 09079 AEK 49214 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3384

Introduced 2/24/2011, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

New Act

Creates the Plastic Bulk Merchandise Container Act. Provides that a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers, before purchasing 5 or more plastic bulk merchandise containers from the same person, shall obtain a proof of ownership, create a record of the sale, and verify the identity of the seller. Provides that a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers shall not pay for the containers in cash and shall record the method of payment used to purchase the containers. Requires the purchaser to keep a record of the sale for one year. Provides that a person who violates the Act is liable to this State for a civil penalty not to exceed $10,000 for each violation. Provides that the Attorney General may inspect records, investigate an alleged violation, and take action to collect civil penalties.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Plastic Bulk Merchandise Container Act.

Section 5. Definitions. As used in this Act:

"Plastic bulk merchandise container" means a plastic crate or shell used by a product producer, distributor, or retailer for the bulk transportation or storage of retail containers of milk, eggs, or bottled beverage products.

"Proof of ownership" includes a bill of sale or other evidence showing that an item has been sold to the person possessing the item.

Section 10. Requirements applicable to the sale of plastic bulk merchandise containers.

(a) A person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers, before purchasing 5 or more plastic bulk merchandise containers from the same person, shall:

(1) obtain from that person:

(A) proof of ownership for the containers; and

(B) a record that contains:

(i) the name, address, and telephone number of the person or the person's authorized representative;

(ii) the name and address of the buyer of the containers or any consignee of the containers;

(iii) a description of the containers, including the number of the containers to be sold; and

(iv) the date of the transaction; and

(2) verify the identity of the individual selling the containers or representing the seller from a driver's license or other government-issued identification card that includes the individual's photograph, and record the verification.

(b) A person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers:

(1) shall not pay for the purchase of any plastic bulk merchandise container with cash; and

(2) shall, for each transaction in which the person purchases one or more plastic bulk merchandise containers, record the method of payment used to purchase the containers.

Section 15. Records. A person shall retain a record obtained or made under this Act until the first anniversary of the later of the date the containers are purchased or delivered.

Section 20. Penalty; enforcement.

(a) A person who violates this Act is liable to this State for a civil penalty not to exceed $10,000 for each violation.

(b) The Attorney General may:

(1) inspect a record retained by a person under this Act;

(2) investigate an alleged violation of this Act; and

(3) take action to collect a civil penalty under this Act.