97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3201
 
Introduced 2/1/2012, by Sen. Kirk W. Dillard
 
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 guilty of a petty offense and subject to a fine not exceeding $500. Provides that the Attorney General may inspect records and investigate  alleged violations.
  


LRB097 16915 JLS 62103 b

 
 
A BILL FOR
 

  
SB3201LRB097 16915 JLS 62103 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 seller
 of the containers or any consignee of 
3            the containers;

4                (ii)  a description of the containers, 
5            including the number of the containers to be sold; 
6            and

7                (iii)  the date of the transaction; and

8        (2)  verify the identity of the individual selling the 
9    containers or representing the seller from a driver's 
10    license or other government-issued identification card 
11    that includes the individual's photograph, and record the 
12    verification.
13    (b) A person who is in the business of recycling, 
14shredding, or destroying plastic bulk merchandise containers: 
15        (1)  shall not pay for the purchase of any plastic bulk 
16    merchandise container with cash; and
                
17        (2)  shall, for each transaction in which the person 
18    purchases one or more plastic bulk merchandise containers, 
19    record the method of payment used to purchase the 
20    containers.

 
21    Section 15. Records. A person shall retain a record 
22obtained or made under this Act until the first anniversary of 
23the later of the date the containers are purchased or 
24delivered.
 
 
 
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1    Section 20. Penalty; enforcement.
2    (a) A person who violates this Act shall be guilty of a 
3petty offense and shall be fined an amount not exceeding $500 
4for each violation.
5    (b) The Attorney General may:
6        (1) inspect a record retained by a person under this 
7    Act; and
8        (2) investigate an alleged violation of this Act.