HB3384eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3384 EngrossedLRB097 09079 AEK 49214 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Plastic Bulk Merchandise Container Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Plastic bulk merchandise container" means a plastic crate
8or shell used by a product producer, distributor, or retailer
9for the bulk transportation or storage of retail containers of
10milk, eggs, or bottled beverage products.
11    "Proof of ownership" includes a bill of sale or other
12evidence showing that an item has been sold to the person
13possessing the item.
 
14    Section 10. Requirements applicable to the sale of plastic
15bulk merchandise containers.
16    (a) A person who is in the business of recycling,
17shredding, or destroying plastic bulk merchandise containers,
18before purchasing 5 or more plastic bulk merchandise containers
19from the same person, shall:
20        (1) obtain from that person:
21            (A) proof of ownership for the containers; and
22            (B) a record that contains:

 

 

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1                (i) the name, address, and telephone number of
2            the person or the person's authorized
3            representative;
4                (ii) the name and address of the buyer of the
5            containers or any consignee of the containers;
6                (iii) a description of the containers,
7            including the number of the containers to be sold;
8            and
9                (iv) the date of the transaction; and
10        (2) verify the identity of the individual selling the
11    containers or representing the seller from a driver's
12    license or other government-issued identification card
13    that includes the individual's photograph, and record the
14    verification.
15    (b) A person who is in the business of recycling,
16shredding, or destroying plastic bulk merchandise containers:
17        (1) shall not pay for the purchase of any plastic bulk
18    merchandise container with cash; and
19        (2) shall, for each transaction in which the person
20    purchases one or more plastic bulk merchandise containers,
21    record the method of payment used to purchase the
22    containers.
 
23    Section 15. Records. A person shall retain a record
24obtained or made under this Act until the first anniversary of
25the later of the date the containers are purchased or

 

 

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1delivered.
 
2    Section 20. Penalty; enforcement.
3    (a) A person who violates this Act shall be guilty of a
4petty offense and shall be fined an amount not exceeding $500
5for each violation.
6    (b) The Attorney General may:
7        (1) inspect a record retained by a person under this
8    Act; and
9        (2) investigate an alleged violation of this Act.