Sen. Kirk W. Dillard

Filed: 3/23/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3201, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Plastic Bulk Merchandise Container Act.
7    Section 5. Definitions. As used in this Act:
8    "Bona fide purchaser" means a person who in good faith
9makes a purchase without notice of any outstanding rights of
11    "Plastic bulk merchandise container" means a plastic
12crate, pallet, or shell used by a product producer,
13distributor, or retailer for the bulk transportation or storage
14of goods for sale at retail, including, but not limited to,
15containers of milk, eggs, or bottled beverage products. For
16purposes of this definition, a plastic pallet means a plastic



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1portable platform upon which containers, product, or material
2is placed to facilitate handling.
3    "Proof of ownership" includes a bill of sale or other
4evidence showing that an item has been sold to the person
5possessing the item for fair market value and that the person
6possessing the item is a bona fide purchaser of the item.
7    Section 10. Requirements applicable to the sale of plastic
8bulk merchandise containers.
9    (a) A person who is purchasing 5 or more plastic bulk
10merchandise containers from the same person shall:
11        (1) obtain from that person a record that contains:
12            (A) the name, address, and telephone number of the
13        seller of the containers or any consignee of the
14        containers;
15            (B) a description of the containers, including the
16        number of the containers to be sold; and
17            (C) the date of the transaction; and
18        (2) verify the identity of the individual selling the
19    containers from a driver's license or other
20    government-issued identification card that includes the
21    individual's photograph, and record the verification.
22    (b) A person purchasing plastic bulk merchandise
23containers shall, for each transaction in which the person
24purchases 5 or more plastic bulk merchandise containers, record
25the method of payment used to purchase the containers.



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1    Section 15. Records. A person shall retain a record
2obtained or made under this Act until the first anniversary of
3the later of the date the containers are purchased or
5    Section 20. Applicability. This Act does not apply to the
6collection, receipt, or recycling of plastic bulk merchandise
7containers by a licensed waste hauler.
8    Section 25. Penalty; enforcement.
9    (a) A person who violates this Act shall be guilty of a
10petty offense and shall be fined an amount not exceeding $500
11for each violation, expect as provided in subsection (b).
12    (b) A person who purchases or receives $10,000 or more in
13violation of this Act shall be guilty of a Class 3 felony. Such
14person shall also be liable for monetary damages to the owner
15of the stolen plastic bulk merchandise containers in an amount
16equal to 3 times the replacement value of the stolen plastic
17bulk merchandise containers. The owner may bring an action in a
18court of competent jurisdiction for such monetary damages
19against such a person.".