Text: HF02354 Text: HF02356 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 455D.101 SHORT TITLE. 1 2 This part shall be known and may be cited as the "White 1 3 Good and Tire Deposit Act". 1 4 Sec. 2. NEW SECTION. 455D.102 DEFINITIONS. 1 5 As used in this part, unless the context otherwise 1 6 requires: 1 7 1. "Commission" means the environmental protection 1 8 commission of the department. 1 9 2. "Dealer" means any person who sells tires or white 1 10 goods to a consumer. 1 11 3. "Department" means the department of natural resources 1 12 created under section 455A.2. 1 13 4. "Director" means the director of the department. 1 14 5. "Purchase receipt" means a receipt given by a dealer to 1 15 the consumer at the time of purchase stating, at a minimum, 1 16 the date of the purchase, the price of the product, the brand, 1 17 type, and model identification, and any refund value paid by 1 18 the consumer. 1 19 6. "White good" means a major household appliance 1 20 including a refrigerator, stove, oven, deep freeze freezer, 1 21 dishwasher, clothes washer, clothes dryer, and microwave. 1 22 Sec. 3. NEW SECTION. 455D.103 REFUND VALUES. 1 23 A refund value of thirty dollars for a white good and five 1 24 dollars for a tire shall be paid by the consumer on each white 1 25 good or tire sold by a dealer in this state. The amount of 1 26 the refund value paid by a consumer shall be stated on the 1 27 purchase receipt given to the consumer at the time of the 1 28 purchase. Upon return of the white good or tire upon which a 1 29 refund value has been paid to the dealer who originally sold 1 30 the white good or tire being returned and acceptance of the 1 31 white good or tire by the dealer, the dealer shall return the 1 32 amount of the refund value to the consumer. 1 33 Sec. 4. NEW SECTION. 455D.104 PAYMENT OF REFUND VALUE. 1 34 A dealer shall not refuse to accept from a consumer any 1 35 white good or tire originally sold by the dealer, or refuse to 2 1 pay the consumer the refund value of a white good or tire as 2 2 provided under section 455D.103. A dealer may refuse to 2 3 accept any white good or tire which is not accompanied by a 2 4 valid purchase receipt. 2 5 Sec. 5. NEW SECTION. 455D.105 RULES. 2 6 The commission shall adopt, upon recommendation of the 2 7 director, rules necessary to carry out this part, subject to 2 8 the provisions of chapter 17A. 2 9 Sec. 6. NEW SECTION. 455D.106 PENALTIES. 2 10 1. Any person violating section 455D.103 or 455D.104 or a 2 11 rule adopted under this part shall be guilty of a simple 2 12 misdemeanor. 2 13 2. Any person who does any of the following acts is guilty 2 14 of a fraudulent practice: 2 15 a. Collects or attempts to collect the refund value on the 2 16 white good or tire a second time, with the knowledge that a 2 17 refund value has once been paid by the dealer. 2 18 b. Manufactures, sells, or possesses a false or 2 19 counterfeit purchase receipt which shows or purports to show a 2 20 refund value for a white good or tire, with intent to use the 2 21 false or counterfeit purchase receipt to collect a refund 2 22 value. 2 23 c. Collects or attempts to collect a refund value on a 2 24 white good or tire with the use of a false or counterfeit 2 25 purchase receipt showing a refund value, knowing the purchase 2 26 receipt to be false or counterfeit. 2 27 EXPLANATION 2 28 This bill provides for a system of deposits to be paid on 2 29 white goods and tires. White goods are major household 2 30 appliances including a refrigerator, stove, oven, deep freeze 2 31 freezer, dishwasher, clothes washer, clothes dryer, and 2 32 microwave. 2 33 The bill provides that a consumer shall pay a white good or 2 34 tire dealer at the time of purchase a deposit of $30 for a 2 35 white good and $5 for a tire. When the white good or tire is 3 1 returned and accepted by the dealer, the dealer shall pay the 3 2 refund value to the consumer. 3 3 The bill provides that a dealer shall not refuse to accept 3 4 a white good or tire originally sold by the dealer, or refuse 3 5 to pay the consumer the refund value. A dealer may refuse 3 6 acceptance of a white good or tire which is not accompanied by 3 7 a valid purchase receipt. 3 8 The bill provides that the environmental protection 3 9 commission shall adopt rules to administer this system of 3 10 deposits. 3 11 The bill provides that a person violating the new Code 3 12 sections or rules adopted to administer the Code sections is 3 13 guilty of a simple misdemeanor. A person guilty of a 3 14 fraudulent practice for collecting or attempting to collect 3 15 the refund value on a white good or tire a second time with 3 16 the knowledge that the refund value has once been paid by the 3 17 dealer, manufacturing, selling, or possessing a false or 3 18 counterfeit purchase receipt which shows or purports to show a 3 19 refund value for a white good or tire, with intent to use the 3 20 false or counterfeit purchase receipt, and collecting or 3 21 attempting to collect a refund value on a white good or tire 3 22 with the use of a false or counterfeit purchase receipt 3 23 showing a refund value, knowing the purchase receipt to be 3 24 false or counterfeit. 3 25 LSB 4075HH 77 3 26 tm/jw/5
Text: HF02354 Text: HF02356 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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