PLASTIC MERCHANDISE CONTAINERS Senate SponsorsSen. Kirk W. Dillard-Michael Noland and Emil Jones, III House Sponsors(Rep. Joseph M. Lyons-Timothy L. Schmitz-Maria Antonia Berrios-Randy Ramey, Jr.-Patricia R. Bellock, Mike Bost, Dan Brady and Jim Sacia) 8/24/2012SenatePublic Act . . . . . . . . . 97-1085 New ActCreates the Plastic Bulk Merchandise Container Act. Provides that a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers, before purchasing 5 or more plastic bulk merchandise containers from the same person, shall obtain a proof of ownership, create a record of the sale, and verify the identity of the seller. Provides that a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers shall not pay for the containers in cash and shall record the method of payment used to purchase the containers. Requires the purchaser to keep a record of the sale for one year. Provides that a person who violates the Act is guilty of a petty offense and subject to a fine not exceeding $500. Provides that the Attorney General may inspect records and investigate alleged violations.Senate Committee Amendment No. 1 Removes requirement that a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers obtain proof of ownership before purchasing 5 or more containers from the same person and deletes the prohibition upon paying in cash.Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts similar provisions, but with the following changes: Defines "bona fide purchaser" to mean a person who in good faith makes a purchase without notice of any outstanding rights of others. Defines "plastic bulk merchandise container" to mean 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 (rather than a plastic crate or shell used by a product producer, distributor, or retailer for the bulk transportation or storage of retail containers of milk, eggs, or bottled beverage products). Provides that for purposes of this definition, a plastic pallet means a plastic portable platform upon which containers, product, or material is placed to facilitate handling. Provides that "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 (rather than sold to the person possessing the item). Requires a person who is purchasing 5 or more plastic bulk merchandise containers from the same person (rather than a person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers from the same person) to obtain from that person information identifying the seller and describing the merchandise. Removes prohibition on cash payments. Adds a provision providing that a person who purchases or receives $10,000 or more in violation of the Act shall be guilty of a Class 3 felony. Further provides that 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, and that the owner may bring an action in a court of competent jurisdiction for such monetary damages against such a person.House Committee Amendment No. 1 Provides that a person who pays $5,000 or more for plastic bulk merchandise containers in a single transaction or in aggregate to any one person or entity over a 7-day period shall obtain and retain proof of ownership. Provides that a person who purchases or receives plastic bulk merchandise containers worth $10,000 or more in violation of the Act is guilty of a Class 2 felony rather than a Class 3 felony. 2/1/2012SenateFiled with Secretary by Sen. Kirk W. Dillard 2/1/2012SenateFirst Reading 2/1/2012SenateReferred to Assignments 2/17/2012SenateAssigned to Executive 2/24/2012SenatePostponed - Executive 3/1/2012SenatePostponed - Executive 3/2/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard 3/2/2012SenateSenate Committee Amendment No. 1 Referred to Assignments 3/6/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Executive 3/7/2012SenateSenate Committee Amendment No. 1 Adopted 3/8/2012SenateDo Pass as Amended Executive; 015-000-000 3/8/2012SenatePlaced on Calendar Order of 2nd Reading March 21, 2012 3/23/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard 3/23/2012SenateSenate Floor Amendment No. 2 Referred to Assignments 3/26/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Executive 3/27/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 010-000-000 3/27/2012SenateSecond Reading 3/27/2012SenateSenate Floor Amendment No. 2 Adopted; Dillard 3/27/2012SenatePlaced on Calendar Order of 3rd Reading March 28, 2012 3/28/2012SenateThird Reading - Passed; 054-000-000 3/28/2012HouseArrived in House 3/30/2012HouseChief House Sponsor Rep. Joseph M. Lyons 3/30/2012HousePlaced on Calendar Order of First Reading 3/30/2012HouseFirst Reading 3/30/2012HouseReferred to Rules Committee 4/16/2012HouseAssigned to Consumer Protection Committee 4/20/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Joseph M. Lyons 4/20/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee 4/24/2012HouseHouse Committee Amendment No. 1 Rules Refers to Consumer Protection Committee 4/24/2012HouseHouse Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote 4/24/2012HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 018-000-000 4/25/2012HousePlaced on Calendar 2nd Reading - Short Debate 5/2/2012HouseSecond Reading - Short Debate 5/2/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/2/2012HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios 5/2/2012HouseAdded Alternate Co-Sponsor Rep. Timothy L. Schmitz 5/2/2012SenateAdded as Chief Co-Sponsor Sen. Michael Noland 5/2/2012HouseAdded Alternate Co-Sponsor Rep. Mike Bost 5/2/2012HouseAdded Alternate Co-Sponsor Rep. Dan Brady 5/2/2012HouseAdded Alternate Co-Sponsor Rep. Jim Sacia 5/2/2012HouseAlternate Co-Sponsor Removed Rep. Maria Antonia Berrios 5/2/2012HouseAlternate Co-Sponsor Removed Rep. Timothy L. Schmitz 5/3/2012SenateAdded as Co-Sponsor Sen. Emil Jones, III 5/10/2012HouseAdded Alternate Chief Co-Sponsor Rep. Timothy L. Schmitz 5/10/2012HouseAdded Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios 5/10/2012HouseAdded Alternate Chief Co-Sponsor Rep. Randy Ramey, Jr. 5/24/2012HouseThird Reading - Short Debate - Passed 113-002-002 5/24/2012HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock 5/24/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/24/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 25, 2012 5/25/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kirk W. Dillard 5/25/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/25/2012SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 5/29/2012SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000 5/29/2012SenateHouse Committee Amendment No. 1 Senate Concurs 056-001-000 5/29/2012SenatePassed Both Houses 6/27/2012SenateSent to the Governor 8/24/2012SenateGovernor Approved 8/24/2012SenateEffective Date January 1, 2013 8/24/2012SenatePublic Act . . . . . . . . . 97-1085