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House File 2355

Partial Bill History

Bill Text

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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