SB3201 EnrolledLRB097 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    "Bona fide purchaser" means a person who in good faith
8makes a purchase without notice of any outstanding rights of
10    "Plastic bulk merchandise container" means a plastic
11crate, pallet, or shell used by a product producer,
12distributor, or retailer for the bulk transportation or storage
13of goods for sale at retail, including, but not limited to,
14containers of milk, eggs, or bottled beverage products. For
15purposes of this definition, a plastic pallet means a plastic
16portable platform upon which containers, product, or material
17is placed to facilitate handling.
18    "Proof of ownership" includes a bill of sale or other
19evidence showing that an item has been sold to the person
20possessing the item for fair market value and that the person
21possessing the item is a bona fide purchaser of the item.
22    Section 10. Requirements applicable to the sale of plastic



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1bulk merchandise containers.
2    (a) A person who is purchasing 5 or more plastic bulk
3merchandise containers from the same person shall:
4        (1) obtain from that person a record that contains:
5            (A) the name, address, and telephone number of the
6        seller of the containers or any consignee of the
7        containers;
8            (B) a description of the containers, including the
9        number of the containers to be sold; and
10            (C) the date of the transaction; and
11        (2) verify the identity of the individual selling the
12    containers from a driver's license or other
13    government-issued identification card that includes the
14    individual's photograph, and record the verification.
15    (b) A person purchasing plastic bulk merchandise
16containers shall, for each transaction in which the person
17purchases 5 or more plastic bulk merchandise containers, record
18the method of payment used to purchase the containers.
19    (c) A person who pays $5,000 or more for plastic bulk
20merchandise containers in any single transaction, or in
21aggregate from any one person or entity over a 7-day period,
22shall obtain proof of ownership from the seller and shall
23retain a copy of such proof of ownership.
24    Section 15. Records. A person shall retain a record
25obtained or made under this Act until the first anniversary of



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1the later of the date the containers are purchased or
3    Section 20. Applicability. This Act does not apply to the
4collection, receipt, or recycling of plastic bulk merchandise
5containers by a licensed waste hauler.
6    Section 25. Penalty; enforcement.
7    (a) A person who violates this Act shall be guilty of a
8petty offense and shall be fined an amount not exceeding $500
9for each violation, except as provided in subsection (b).
10    (b) A person who purchases or receives plastic bulk
11merchandise containers in violation of this Act and pays or
12receives $10,000 or more therefor shall be guilty of a Class 2
13felony. Such person shall also be liable for monetary damages
14to the owner of the stolen plastic bulk merchandise containers
15in an amount equal to 3 times the replacement value of the
16stolen plastic bulk merchandise containers. The owner may bring
17an action in a court of competent jurisdiction for such
18monetary damages against such a person.