House File 2259 - Introduced
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to deposits on certain electronic goods and
2 providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6341HH 81
5 tm/je/5
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
1 3 "Electronic Goods 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. "Dealer" means any person who sells electronic goods to
1 8 a consumer.
1 9 2. "Electronic good" means a television, computer monitor,
1 10 or similar good as defined by the commission.
1 11 3. "Purchase receipt" means a receipt given by a dealer to
1 12 the consumer at the time of purchase stating, at a minimum,
1 13 the date of the purchase, the price of the product, the brand,
1 14 type, and model identification, and any refund value paid by
1 15 the consumer.
1 16 Sec. 3. NEW SECTION. 455D.103 REFUND VALUES.
1 17 A refund value of thirty dollars for an electronic good
1 18 shall be paid by the consumer on each electronic good sold by
1 19 a dealer in this state. The amount of the refund value paid
1 20 by a consumer shall be stated on the purchase receipt given to
1 21 the consumer at the time of the purchase. Upon return of the
1 22 electronic good upon which a refund value has been paid to the
1 23 dealer who originally sold the electronic good being returned
1 24 and acceptance of the electronic good by the dealer, the
1 25 dealer shall return the amount of the refund value to the
1 26 consumer.
1 27 Sec. 4. NEW SECTION. 455D.104 PAYMENT OF REFUND VALUE.
1 28 A dealer shall not refuse to accept from a consumer any
1 29 electronic good originally sold by the dealer, or refuse to
1 30 pay the consumer the refund value of an electronic good as
1 31 provided under section 455D.103. A dealer may refuse to
1 32 accept any electronic good which is not accompanied by a valid
1 33 purchase receipt.
1 34 Sec. 5. NEW SECTION. 455D.105 ELECTRONIC GOOD DISPOSAL.
1 35 A dealer shall have in place a system for the acceptance
2 1 and collection of used electronic goods for reuse, recycling,
2 2 or proper disposal at no cost to the consumer. The commission
2 3 shall define proper disposal by rule.
2 4 Sec. 6. NEW SECTION. 455D.106 RULES.
2 5 The commission shall adopt, upon recommendation of the
2 6 director, rules necessary to carry out this part, subject to
2 7 the provisions of chapter 17A.
2 8 Sec. 7. NEW SECTION. 455D.107 PENALTIES.
2 9 1. Any person violating section 455D.103, 455D.104, or
2 10 455D.105, or a rule adopted under this part, is guilty of a
2 11 simple misdemeanor.
2 12 2. Any person who does any of the following acts is guilty
2 13 of a fraudulent practice as provided in chapter 714:
2 14 a. Collects or attempts to collect the refund value on the
2 15 electronic good a second time, with the knowledge that a
2 16 refund value has once been paid by the dealer.
2 17 b. Manufactures, sells, or possesses a false or
2 18 counterfeit purchase receipt which shows or purports to show a
2 19 refund value on an electronic good, with intent to use the
2 20 false or counterfeit purchase receipt to collect a refund
2 21 value.
2 22 c. Collects or attempts to collect a refund value on an
2 23 electronic good with the use of a false or counterfeit
2 24 purchase receipt showing a refund value, knowing the purchase
2 25 receipt to be false or counterfeit.
2 26 EXPLANATION
2 27 This bill provides for a system of deposits to be paid on
2 28 electronic goods. Electronic goods are televisions, computer
2 29 monitors, and similar goods as defined by the environmental
2 30 protection commission.
2 31 The bill provides that a consumer shall pay an electronic
2 32 goods dealer at the time of purchase a deposit of $30 for an
2 33 electronic good. When the electronic good is returned and
2 34 accepted by the dealer, the dealer shall pay the refund value
2 35 to the consumer.
3 1 The bill provides that a dealer shall not refuse to accept
3 2 an electronic good originally sold by the dealer, or refuse to
3 3 pay the consumer the refund value. A dealer may refuse
3 4 acceptance of an electronic good which is not accompanied by a
3 5 valid purchase receipt.
3 6 The bill requires a dealer to have in place a system for
3 7 the acceptance and collection of used electronic goods for
3 8 reuse, recycling, or proper disposal at no cost to the
3 9 consumer.
3 10 The bill provides that the environmental protection
3 11 commission shall adopt rules to administer this system of
3 12 deposits.
3 13 The bill provides that a person violating the bill or rules
3 14 adopted to administer the bill is guilty of a simple
3 15 misdemeanor. A person is guilty of a fraudulent practice for
3 16 collecting or attempting to collect the refund value on an
3 17 electronic good a second time with the knowledge that the
3 18 refund value has once been paid by the dealer; for
3 19 manufacturing, selling, or possessing a false or counterfeit
3 20 purchase receipt which shows or purports to show a refund
3 21 value for an electronic good with intent to use the false or
3 22 counterfeit purchase receipt; or for collecting or attempting
3 23 to collect a refund value on an electronic good with the use
3 24 of a false or counterfeit purchase receipt showing a refund
3 25 value, knowing the purchase receipt to be false or
3 26 counterfeit.
3 27 LSB 6341HH 81
3 28 tm:nh/je/5