Illinois General Assembly - Full Text of SB3201
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Full Text of SB3201  97th General Assembly




SB3201 EngrossedLRB097 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    Section 15. Records. A person shall retain a record
20obtained or made under this Act until the first anniversary of
21the later of the date the containers are purchased or
23    Section 20. Applicability. This Act does not apply to the
24collection, receipt, or recycling of plastic bulk merchandise



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1containers by a licensed waste hauler.
2    Section 25. 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, except as provided in subsection (b).
6    (b) A person who purchases or receives $10,000 or more in
7violation of this Act shall be guilty of a Class 3 felony. Such
8person shall also be liable for monetary damages to the owner
9of the stolen plastic bulk merchandise containers in an amount
10equal to 3 times the replacement value of the stolen plastic
11bulk merchandise containers. The owner may bring an action in a
12court of competent jurisdiction for such monetary damages
13against such a person.