2008 -- S 2100

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LC00677

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Senators Doyle, McBurney, Connors, and Tassoni

     Date Introduced: January 22, 2008

     Referred To: Senate Constitutional & Regulatory Issues

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-41.1-1, 11-41.1-2, 11-41.1-3, 11-41.1-4, 11-41.1-11, 11-41.1-

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13 and 11-41.1-14 of the General Laws in Chapter 11-41.1 entitled "Grocery and Laundry Carts,

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Milk Cases, Egg Baskets, and Bakery Containers" are hereby amended to read as follows:

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     11-41.1-1. Definitions. -- For the purpose of this chapter:

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      (1) "Bakery container" means any permanent type of container which is used by a

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bakery, distributor, retailer, or food service establishment or the agent of any of them as a means

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to transport, store, or carry bakery products.

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      (2) "Dairy case" means a wire or plastic container which holds 16 quarts or more of

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beverages and is used by distributors, retailers, or their agents as a means to transport, store, or

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carry dairy products.

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      (3) "Dispenser case" means a plastic container which holds up to twenty-four (24) quarts

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of beverage and is used by distributors, retailers, or their agents as a means to transport, store, or

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carry dairy products for use in individual serving dispenser machines.

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      (4) "Egg basket" means any permanent type of container which contains four (4) dozen

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or more shell eggs and is used by distributors, retailers, or their agents as a means to transport,

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store, or carry eggs.

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     (5) "Keg" means a container constructed, in whole or in part, of stainless steel, metal,

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rubber, and/or plastic utilized to store both alcoholic and nonalcoholic beverages, including, but

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not limited to, malt beverages and carbonated and noncarbonated beverages.

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      (5) (6) "Laundry cart" means a basket which is mounted on wheels and used in a coin-

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operated laundry or drycleaning establishment by a customer or an attendant for the purpose of

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transporting laundry and laundry supplies.

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      (6) (7) "Name or mark" means any permanently affixed or permanently stamped name or

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mark which has been registered with the secretary of state pursuant to section 11-41.1-2 and is

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used for the purpose of identifying the registered owner of dairy cases, egg baskets, poultry

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boxes, bakery containers, or plastic bulk merchandise containers.

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      (7) (8) "Parking area" means a lot or other property provided by a retail establishment for

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the use of customers to park automobiles or other vehicles while doing business in that

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establishment.

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      (8) (9) "Plastic bulk merchandise container" means a plastic crate or shell used by a

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product producer, distributor, or retailer, or an agent of the product producer, distributor, or

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retailer as a means for the bulk transportation, storage or carrying of retail containers of milk,

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eggs, bakery, or bottled beverage products.

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      (9) (10) "Poultry box" means any permanent type of container which is used by

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processors, distributors, retailers, food service establishments, or their agents as a means to

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transport, store, or carry poultry.

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      (10) (11) "Registered owner" means any person, firm, corporation, or association

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registered with the secretary of state as the owner of an identifying name or mark described in

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subdivisions (6) and (10) of this section.

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      (11) (12) "Secretary" means the secretary of state.

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      (12) (13) "Shopping cart" means a basket which is mounted on wheels, or a similar

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device, generally used in a retail establishment by a customer for the purpose of transporting

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goods of any kind.

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     11-41.1-2. Shopping carts, laundry carts, dairy cases, dispenser cases, egg baskets,

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bakery containers, poultry boxes, and plastic bulk merchandise containers. – Shopping

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carts, laundry carts, dairy cases, dispenser cases, egg baskets, bakery containers, kegs,

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poultry boxes, and plastic bulk merchandise containers. -- Any person, firm, corporation, or

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association owning shopping carts, laundry carts, dairy cases, dispenser cases, egg baskets,

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bakery containers, kegs, poultry boxes, or plastic bulk merchandise containers may register with

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the secretary of state a description of the name or mark affixed or stamped on those cases,

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baskets, containers or boxes for identification purposes. If the secretary of state determines that

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the name or mark is not a duplication of any name or mark previously recorded in its files and

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does not so closely resemble any other recorded name or mark as to be misleading or deceiving,

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the secretary of state shall register and record the name or mark in a file to be provided and kept

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by the secretary of state for that purpose, along with the name and address of the registering

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owner of the name or mark. If the secretary of state determines that the name or mark so applied

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for is a duplication of any name or mark previously recorded by the secretary of state or so

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closely resembles a name or mark as to be misleading or deceiving, the application shall be

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denied and the applicant may register some other name or mark in the manner described in this

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section.

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     11-41.1-3. Illegal use of shopping carts, laundry carts, dairy cases, dispenser cases,

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egg baskets, bakery containers, poultry boxes, or plastic bulk merchandise containers. –

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Illegal use of shopping carts, laundry carts, dairy cases, dispenser cases, egg baskets.

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bakery containers, kegs, poultry boxes, or plastic bulk merchandise containers. -- No

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person, firm, corporation, or association other than the registered owner of the name or mark shall

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use for any purpose any container which is identified with or by any name or mark registered

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with the secretary of state as provided by section 11-41.1-2. No person, firm, corporation, or

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association shall deface, obliterate, destroy, cover up, or otherwise remove or conceal any name

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or mark without the written consent of the registered owner.

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     11-41.1-4. Possession of shopping carts, laundry carts, dairy cases, dispenser cases,

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egg baskets, bakery containers, poultry boxes, or plastic bulk merchandise containers. –

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Possession of shopping carts, laundry carts, dairy cases, dispense cases, egg baskets, bakery

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containers, kegs, poultry boxes, or plastic bulk merchandise containers. -- Any person who is

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in possession of any shopping cart, laundry cart, dairy case, dispenser case, egg basket, bakery

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container, kegs, poultry box, or plastic bulk merchandise container with a registered name or

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mark shall be presumed to be in possession of stolen property and shall be guilty of larceny and

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punished as provided in section 11-41-5.

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     11-41.1-11. Deposits. -- The requiring, taking, or accepting of any deposit upon delivery

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of any dairy case, egg basket, poultry box, shopping cart, laundry cart, bakery container, keg,

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dispenser case, or plastic bulk merchandise container shall not be deemed a sale of the case,

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basket, box, cart, or container, optional or otherwise.

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     11-41.1-13. Scope of chapter. -- This chapter shall not apply to the owner of a shopping

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cart or laundry cart, or dairy case or egg basket or poultry box, or bakery container, or keg,

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dispenser case, or plastic bulk merchandise container or to a wholesaler or retailer, or to their

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agents or employees, or to a customer who has written consent from the owner of a shopping cart,

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laundry cart, dairy case, dispenser case, egg basket, keg, or poultry box, or bakery container or

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plastic bulk merchandise container or from a retailer, to possess the cart, case, basket, keg, box

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bakery container, or plastic bulk merchandise container or to remove it from the premises or the

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parking area of the retail establishment.

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     11-41.1-14. Purchase of shopping carts, dairy cases, dispenser cases, egg baskets,

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bakery containers or plastic bulk merchandise containers for recycling, shredding, or

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destruction -- Verification of seller's identity -- Proof of ownership record. – Purchase of

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shopping carts, dairy cases, dispenser cases, egg baskets, kegs, bakery containers or plastic

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bulk merchandise containers for recycling, shredding, or destruction – Verification of

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seller's identity – Proof of ownership record. -- (a) Any person or entity purchasing shopping

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carts, dairy cases, dispenser cases, egg baskets, kegs, bakery containers or plastic bulk

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merchandise containers, who is in the business of recycling, shredding, or destruction of shopping

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carts, dairy cases, dispenser cases, egg baskets, bakery containers or plastic bulk merchandise

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containers shall obtain a proof of ownership record from a person selling five (5) or more

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shopping carts, dairy cases, dispenser cases, egg baskets, kegs, bakery containers or plastic bulk

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merchandise containers that shows that the person selling the carts, cases, baskets, or containers

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has lawful possession or ownership of the carts, cases, baskets, kegs, or containers, and shall also

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verify the seller's identity by a driver's license other government-issued photo identification. The

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proof of ownership record shall include all of the following information:

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      (1) The name, address, telephone number, and signature of the seller or the seller's

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authorized representative.

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      (2) The name and address of the buyer or consignee if not sold.

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      (3) A description of the product including number of units.

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      (4) The date of the transaction.

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      (b) The information required to be collected by this section shall be kept for one year

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from the date of purchase or delivery, whichever is later.

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     SECTION 2. Chapter 11-41.1 of the General Laws entitled "Grocery and Laundry Carts,

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Milk Cases, Egg Baskets, and Bakery Containers" is hereby amended by adding thereto the

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following section:

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     11-41.1-15. Unlawful removal of kegs. – It is a violation of this chapter for any person,

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other than the owner, the authorized wholesaler or retailer of a keg, or a customer purchasing the

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contents of a keg, to remove a keg from the premises, parking area, storage area, or any other area

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of any wholesaler, retailer, or food service establishment.

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     SECTION 3. This act shall take effect upon passage.

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LC00677

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES

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     This act would include possession of a keg with a registered name or mark to be a

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presumption of possession of stolen property.

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     This act would take effect upon passage.

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LC00677

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