Illinois General Assembly - Full Text of Public Act 097-1085
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Public Act 097-1085





Public Act 097-1085
SB3201 EnrolledLRB097 16915 JLS 62103 b

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

Effective Date: 1/1/2013