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| 1 | AN ACT concerning business.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 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.
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| 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;
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| 8 | (B) a description of the containers, including the | ||||||
| 9 | number of the containers to be sold; and
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| 10 | (C) the date of the transaction; and
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| 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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