1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 01/26/1998|
|1st Engrossment||Posted on 02/10/1998|
1.1 A bill for an act 1.2 relating to commerce; prohibiting the unauthorized 1.3 possession of, or damage to, merchandise pallets; 1.4 providing remedies; proposing coding for new law in 1.5 Minnesota Statutes, chapter 325F. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [325F.795] [UNAUTHORIZED POSSESSION OF 1.8 MERCHANDISE PALLETS.] 1.9 Subdivision 1. [DEFINITIONS.] (a) "Merchandise" means 1.10 objects, wares, goods, or commodities. 1.11 (b) "Merchandise pallet" means a plastic carrier or 1.12 container, ranging in size from 36 inches to 54 inches with a 1.13 forklift entry, used by a manufacturer or distributor to 1.14 transport merchandise, which has a notice permanently affixed to 1.15 it by the owner that does all of the following: 1.16 (1) identifies the company name of the owner of the pallet; 1.17 (2) notifies the public that the unauthorized possession of 1.18 the pallet is a violation of state law; and 1.19 (3) lists a telephone number or address for the owner. 1.20 (c) With respect to possession of a merchandise pallet, 1.21 "unauthorized person" includes anyone in possession of one or 1.22 more merchandise pallets, except the following: 1.23 (1) the company owner; 1.24 (2) a person in lawful possession of the merchandise 1.25 pallet; or 2.1 (3) a person who has temporary possession of the 2.2 merchandise pallet as a result of the purchase of the products 2.3 or merchandise transported using the merchandise pallet. 2.4 Subd. 2. [LIABILITY.] An unauthorized person in possession 2.5 of a merchandise pallet, or a person, other than the owner, who 2.6 maliciously, with intent to damage, obliterates, removes, or 2.7 distorts the owner's name on a merchandise pallet, shall be 2.8 liable to the injured party as set forth in subdivision 4. 2.9 Subd. 3. [EVIDENCE OF OWNERSHIP OR RIGHTFUL POSSESSION.] A 2.10 person who purchases or leases a merchandise pallet shall retain 2.11 a copy of the bill of sale or other evidence that supports the 2.12 purchase or lease. 2.13 Subd. 4. [REMEDY.] A person injured by a violation of this 2.14 section may recover damages equal to three times the cost of the 2.15 merchandise pallet, together with costs and disbursements, 2.16 including a reasonable attorney's fee.