as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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 penalties and remedies; proposing coding for 1.5 new law in 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.] 1.10 (a) "Merchandise" means objects, wares, goods, or 1.11 commodities. 1.12 (b) "Merchandise pallet" means a plastic carrier or 1.13 container, ranging in size from 36 inches to 48 inches with a 1.14 forklift entry, used by a manufacturer or distributor to 1.15 transport merchandise, which has a notice permanently affixed to 1.16 it that does all of the following: 1.17 (1) identifies the company name of the owner of the pallet; 1.18 (2) notifies the public that the unauthorized possession of 1.19 the pallet is a violation of state law; and 1.20 (3) lists a telephone number or address for the owner. 1.21 (c) With respect to possession of a merchandise pallet, 1.22 "unauthorized person" includes anyone in possession of one or 1.23 more of these items, except the following: 1.24 (1) the company owner; 1.25 (2) a person in lawful possession of the item; or 2.1 (3) a person who, with the documented consent of the 2.2 company owner or the company's agent, has temporary possession 2.3 of the item as a result of the purchase of the products or 2.4 merchandise transported using the item. 2.5 Subd. 2. [PROHIBITED ACTS.] (a) An unauthorized person 2.6 shall not possess a merchandise pallet. 2.7 (b) A person, other than the owner, shall not obliterate or 2.8 obscure the owner's name on the merchandise pallet. 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. [CRIMINAL PENALTY.] A violation of this section 2.14 is a misdemeanor. 2.15 Subd. 5. [REMEDY.] A person injured by a violation of this 2.16 section may recover damages equal to three times the cost of the 2.17 merchandise pallet, together with costs and disbursements, 2.18 including a reasonable attorney's fee.