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Bills from the 2011–12 session

Assembly Bill 363

Regulating sales of plastic bulk merchandise containers to scrap plastic dealers and providing penalties

Topics: Legislature: Criminal Penalties, Joint Review Committee on, Recycling, Sales, Solid waste management

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Nov 9, 2011

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill regulates sales of plastic bulk merchandise containers to scrap plastic dealers in the same manner as scrap metal sales to scrap metal dealers are regulated under current law. The bill defines "plastic bulk merchandise container" as a plastic crate, pallet, or shell used by a product producer, distributor, or retailer for the bulk transport or storage of retail containers of bottled beverages.

Current law allows a "scrap metal dealer," which current law defines as a person engaged in the business of buying or selling certain types of scrap metal, to purchase such scrap metal only if the seller is over the age of 18 and the scrap metal dealer does all of the following: 1) obtains photographic identification from the seller or deliverer; and 2) records the seller's or deliverer's identifying information, the license plate number of the seller's or deliverer's vehicle, and certain descriptive information about the scrap metal. Also, depending on the type of scrap metal, the scrap metal dealer must establish that seller has the right to sell the scrap metal by doing one of the following: 1) obtaining the seller's signed declaration that the seller is the owner of the items being sold; 2) obtaining documentation establishing that the seller lawfully possesses the scrap metal; or 3) documenting that the dealer has made a diligent inquiry into the seller's right to sell the scrap metal and submitting a report describing the scrap metal to a local law enforcement department. Current law requires a scrap metal dealer to maintain records necessary to comply with the foregoing requirements for at least two years. Current law creates an exception from all of the foregoing requirements for a scrap metal dealer's purchases made from commercial accounts with which the dealer maintains an ongoing and documented business relationship. For the exception to apply, the scrap metal dealer must comply with certain record-keeping requirements. In addition, the scrap metal dealer must maintain records required for the exception for at least two years after the dealer's most recent transaction with a commercial account.

Read the full summary

This bill imposes the foregoing requirements on the sale of a plastic bulk merchandise container to a "scrap plastic dealer," which the bill defines as a person engaged in the business of buying and selling plastic to be processed for reuse in a mill or other manufacturing facility. With respect to establishing a seller's right to sell such a container, the bill requires a scrap plastic dealer to either: 1) obtain documentation establishing that the seller lawfully possesses the container; or 2) document that the dealer has made a diligent inquiry into the seller's right to sell the container and submit a report describing the container to a local law enforcement department. In addition, the exception for commercial accounts applies to a scrap plastic dealer.

Under current law, a scrap metal dealer must make certain documentation about scrap metal purchases available to law enforcement officers. Current law also allows a law enforcement officer of a city, village, town, or county in which a scrap metal dealer conducts business to request all scrap metal dealers in the city, village, town, or county to report all scrap metal purchases to the law enforcement officer, and requires scrap metal dealers to comply with such a request. Except for disclosures in documentation and reports to law enforcement, current law prohibits a scrap metal dealer from disclosing personally identifiable information to any person other than a successor in interest. This bill imposes all of the foregoing requirements and prohibition on scrap plastic dealers who purchase plastic bulk merchandise containers.

Under current law, a scrap metal dealer who knowingly violates current law is subject to a fine of up to $1,000, imprisonment for up to 90 days, or both, except that if the dealer knowingly committed one previous violation, the maximum fine is increased to $10,000 and the maximum imprisonment is increased to nine months.

If a scrap metal dealer knowingly committed more than one previous violation, the dealer is subject to a fine of up to $10,000, imprisonment for up to three and one-half years, or both. This bill subjects a scrap plastic dealer who purchases plastic bulk merchandise containers to the same penalties. Current law also imposes different criminal penalties for theft of property that depend on the value of the stolen property. This bill provides that, if the stolen property is a plastic bulk merchandise container, the value includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the container. Current law includes a similar provision for the theft of certain scrap metal.

The bill creates a civil action allowing the owner of a stolen plastic bulk merchandise container to recover from the thief the cost of replacing the container.

The amount that may be recovered in the civil action is reduced by the amount that is collected as restitution or recompense in any criminal or municipal court action related to the same act or by the amount paid to the plaintiff under a deferred prosecution related to the same act. The civil action created by the bill is similar to a civil action under current law for certain stolen scrap metal.

The bill also allows a county, town, city, or village to enact an ordinance governing the sale of plastic bulk merchandise containers to scrap plastic dealers if the ordinance is not more stringent than the bill's requirements, except that a first class city may enact an ordinance that is more stringent than the bill's requirements.

Current law has similar provisions for ordinances regarding scrap metal.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

Who's behind it

10 lawmakers are its ⁠. All 10 are Republicans.

4 more lawmakers ⁠.

See all 14 names

Authors (10)

Signed on in support (4)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Natural Resources vote to recommend it

Passed, 14 to 0 · Jan 11, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Natural Resources, Ayes 14, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Jan 11, 2012

    Sent to the Assembly Committee on Rules.

  3. Jan 11, 2012

    The committee voted to recommend passing it, 14 to 0.

  4. Jan 4, 2012

    The committee held a public hearing.

  5. Nov 28, 2011

    A state agency sent in its estimate of the cost.

  6. Nov 9, 2011

    Sent to the Assembly Committee on Natural Resources.

  7. Nov 9, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Nov 9, 2011 · Assembly

    Introduced by Representatives Endsley, A. Ott, Ballweg, Honadel, Kaufert, Jacque, Kestell, LeMahieu, Ripp and Spanbauer;Cosponsored by Senators Wanggaard, Erpenbach, Holperin and Olsen

  2. Nov 9, 2011 · Assembly

    Read first time and referred to committee on Natural Resources

  3. Nov 28, 2011 · Assembly

    Fiscal estimate received

  4. Jan 4, 2012 · Assembly

    Public hearing held

  5. Jan 10, 2012 · Assembly

    Executive action taken

  6. Jan 11, 2012 · Assembly

    Report passage recommended by committee on Natural Resources, Ayes 14, Noes 0

  7. Jan 11, 2012 · Assembly

    Referred to committee on Rules

  8. Feb 14, 2012 · Assembly

    Placed on calendar 2-16-2012 by committee on Rules

  9. Feb 16, 2012 · Assembly

    Laid on the table

  10. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote