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Sen. Kirk W. Dillard
Filed: 3/23/2012
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| 1 | | AMENDMENT TO SENATE BILL 3201
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3201, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 1. Short title. This Act may be cited as the |
| 6 | | Plastic Bulk Merchandise Container Act.
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| 7 | | Section 5. Definitions. As used in this Act: |
| 8 | | "Bona fide purchaser" means a person who in good faith |
| 9 | | makes a purchase without notice of any outstanding rights of |
| 10 | | others. |
| 11 | | "Plastic bulk merchandise container" means a plastic |
| 12 | | crate, pallet, or shell used by a product producer, |
| 13 | | distributor, or retailer for the bulk transportation or storage |
| 14 | | of goods for sale at retail, including, but not limited to, |
| 15 | | containers of milk, eggs, or bottled beverage products.
For |
| 16 | | purposes of this definition, a plastic pallet means a plastic |
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| 1 | | portable platform upon which containers, product, or material |
| 2 | | is placed to facilitate handling. |
| 3 | | "Proof of ownership" includes a bill of sale or other |
| 4 | | evidence showing that an item has been sold to the person |
| 5 | | possessing the item for fair market value and that the person |
| 6 | | possessing the item is a bona fide purchaser of the item.
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| 7 | | Section 10. Requirements applicable to the sale of plastic |
| 8 | | bulk merchandise containers. |
| 9 | | (a) A person who is purchasing 5 or more plastic bulk |
| 10 | | merchandise 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;
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| 15 | | (B) a description of the containers, including the |
| 16 | | number of the containers to be sold; and
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| 17 | | (C) the date of the transaction; and
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| 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 |
| 23 | | containers shall, for each transaction in which the person |
| 24 | | purchases 5 or more plastic bulk merchandise containers, record |
| 25 | | the method of payment used to purchase the containers.
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| 1 | | Section 15. Records. A person shall retain a record |
| 2 | | obtained or made under this Act until the first anniversary of |
| 3 | | the later of the date the containers are purchased or |
| 4 | | delivered.
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| 5 | | Section 20. Applicability. This Act does not apply to the |
| 6 | | collection, receipt, or recycling of plastic bulk merchandise |
| 7 | | containers by a licensed waste hauler.
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| 8 | | Section 25. Penalty; enforcement. |
| 9 | | (a) A person who violates this Act shall be guilty of a |
| 10 | | petty offense and shall be fined an amount not exceeding $500 |
| 11 | | for each violation, expect as provided in subsection (b). |
| 12 | | (b) A person who purchases or receives $10,000 or more in |
| 13 | | violation of this Act shall be guilty of a Class 3 felony. Such |
| 14 | | person shall also be liable for monetary damages to the owner |
| 15 | | of the stolen plastic bulk merchandise containers in an amount |
| 16 | | equal to 3 times the replacement value of the stolen plastic |
| 17 | | bulk merchandise containers. The owner may bring an action in a |
| 18 | | court of competent jurisdiction for such monetary damages |
| 19 | | against such a person.".
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