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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