Full Text of SB3201 97th General Assembly
SB3201enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Plastic Bulk Merchandise Container Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Bona fide purchaser" means a person who in good faith | 8 | | makes a purchase without notice of any outstanding rights of | 9 | | others. | 10 | | "Plastic bulk merchandise container" means a plastic | 11 | | crate, pallet, or shell used by a product producer, | 12 | | distributor, or retailer for the bulk transportation or storage | 13 | | of goods for sale at retail, including, but not limited to, | 14 | | containers of milk, eggs, or bottled beverage products.
For | 15 | | purposes of this definition, a plastic pallet means a plastic | 16 | | portable platform upon which containers, product, or material | 17 | | is placed to facilitate handling. | 18 | | "Proof of ownership" includes a bill of sale or other | 19 | | evidence showing that an item has been sold to the person | 20 | | possessing the item for fair market value and that the person | 21 | | possessing the item is a bona fide purchaser of the item.
| 22 | | Section 10. Requirements applicable to the sale of plastic |
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| 1 | | bulk merchandise containers. | 2 | | (a) A person who is purchasing 5 or more plastic bulk | 3 | | merchandise 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 | 16 | | containers shall, for each transaction in which the person | 17 | | purchases 5 or more plastic bulk merchandise containers, record | 18 | | the method of payment used to purchase the containers. | 19 | | (c) A person who pays $5,000 or more for plastic bulk | 20 | | merchandise containers in any single transaction, or in | 21 | | aggregate from any one person or entity over a 7-day period, | 22 | | shall obtain proof of ownership from the seller and shall | 23 | | retain a copy of such proof of ownership. | 24 | | Section 15. Records. A person shall retain a record | 25 | | obtained or made under this Act until the first anniversary of |
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| 1 | | the later of the date the containers are purchased or | 2 | | delivered. | 3 | | Section 20. Applicability. This Act does not apply to the | 4 | | collection, receipt, or recycling of plastic bulk merchandise | 5 | | containers by a licensed waste hauler. | 6 | | Section 25. Penalty; enforcement. | 7 | | (a) A person who violates this Act shall be guilty of a | 8 | | petty offense and shall be fined an amount not exceeding $500 | 9 | | for each violation, except as provided in subsection (b). | 10 | | (b) A person who purchases or receives plastic bulk | 11 | | merchandise containers in violation of this Act and pays or | 12 | | receives $10,000 or more therefor shall be guilty of a Class 2 | 13 | | felony. Such person shall also be liable for monetary damages | 14 | | to the owner of the stolen plastic bulk merchandise containers | 15 | | in an amount equal to 3 times the replacement value of the | 16 | | stolen plastic bulk merchandise containers. The owner may bring | 17 | | an action in a court of competent jurisdiction for such | 18 | | monetary damages against such a person.
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