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.