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| Public Act 097-1085 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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 | ||||
others. | ||||
"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.
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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 | ||
containers;
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(B) a description of the containers, including the | ||
number of the containers to be sold; and
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(C) the date of the transaction; and
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(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 | ||
delivered. | ||
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.
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