Sen. Kirk W. Dillard
|09700SB3201sam002||LRB097 16915 JLS 67825 a|
AMENDMENT TO SENATE BILL 3201
AMENDMENT NO. ______. Amend Senate Bill 3201, AS AMENDED,
by replacing everything after the enacting clause with the
This Act may be cited as the
Plastic Bulk Merchandise Container Act.
As used in this Act:
"Bona fide purchaser" means a person who in good faith
makes a purchase without notice of any outstanding rights of
"Plastic bulk merchandise container" means a plastic
crate, pallet, or shell used by a product producer,
distributor, or retailer for the bulk transportation or storage
of goods for sale at retail, including, but not limited to,
containers of milk, eggs, or bottled beverage products.
purposes of this definition, a plastic pallet means a plastic
|09700SB3201sam002||- 2 -||LRB097 16915 JLS 67825 a|
portable platform upon which containers, product, or material
is placed to facilitate handling.
"Proof of ownership" includes a bill of sale or other
evidence showing that an item has been sold to the person
possessing the item for fair market value and that the person
possessing the item is a bona fide purchaser of the item.
Requirements applicable to the sale of plastic
bulk merchandise containers.
(a) A person who is purchasing 5 or more plastic bulk
merchandise containers from the same person shall:
(1) obtain from that person a record that contains:
(A) the name, address, and telephone number of the
of the containers or any consignee of the
(B) a description of the containers, including the
number of the containers to be sold; and
(C) the date of the transaction; and
(2) verify the identity of the individual selling the
containers from a driver's license or other
government-issued identification card that includes the
individual's photograph, and record the verification.
(b) A person purchasing plastic bulk merchandise
containers shall, for each transaction in which the person
purchases 5 or more plastic bulk merchandise containers, record
the method of payment used to purchase the containers.
|09700SB3201sam002||- 3 -||LRB097 16915 JLS 67825 a|
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
This Act does not apply to the
collection, receipt, or recycling of plastic bulk merchandise
containers by a licensed waste hauler.
(a) A person who violates this Act shall be guilty of a
petty offense and shall be fined an amount not exceeding $500
for each violation, expect as provided in subsection (b).
(b) A person who purchases or receives $10,000 or more in
violation of this Act shall be guilty of a Class 3 felony. Such
person shall also be liable for monetary damages to the owner
of the stolen plastic bulk merchandise containers in an amount
equal to 3 times the replacement value of the stolen plastic
bulk merchandise containers. The owner may bring an action in a
court of competent jurisdiction for such monetary damages
against such a person.".