Senate File 377 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND ENVIRONMENT

                                       (SUCCESSOR TO SF 72)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the recycling and disposal of cell phones,
  2    providing penalties, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1056SV 81
  5 tm/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  455D.10C  CELL PHONE RECYCLING
  1  2 AND DISPOSAL.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Cell phone" means a wireless telephone device that is
  1  6 designed to send or receive transmissions through a cellular
  1  7 radiotelephone service, as defined in 47 C.F.R., and includes
  1  8 the rechargeable battery that may be connected to the cell
  1  9 phone.  "Cell phone" does not include a wireless telephone
  1 10 device that is integrated into the electrical architecture of
  1 11 a motor vehicle.
  1 12    b.  "Distributor" means a person who sells a cell phone to
  1 13 a retailer.
  1 14    c.  "Retailer" means a person who sells a cell phone in the
  1 15 state to a consumer, including a manufacturer of a cell phone
  1 16 who sells the cell phone directly to a consumer.
  1 17    d.  "Sell", "sale", or "sold" means a transfer for
  1 18 consideration of title or of the right to use, by lease or
  1 19 sales contract, including, but not limited to, transactions
  1 20 conducted through sales outlets, catalogs, or the internet or
  1 21 any other similar electronic means, but does not include a
  1 22 wholesale transaction between a consumer and a distributor or
  1 23 a retailer.
  1 24    e.  "Used cell phone" means a cell phone that has been
  1 25 previously used and is made available, by a consumer, for
  1 26 reuse, recycling, or proper disposal.
  1 27    2.  A retailer of cell phones sold in this state shall have
  1 28 in place a system for the acceptance and collection of used
  1 29 cell phones for reuse, recycling, or proper disposal.  The
  1 30 department shall define proper disposal by rule.  The system
  1 31 shall include, at a minimum, all of the following elements:
  1 32    a.  At no cost to the consumer, a retailer shall accept
  1 33 from a consumer a used cell phone that the retailer previously
  1 34 sold to the consumer.  A retailer may require proof of
  1 35 purchase.
  2  1    b.  At no cost to the consumer, a retailer shall accept a
  2  2 used cell phone from a consumer who is purchasing a new cell
  2  3 phone from that retailer.
  2  4    c.  At no cost to the consumer and at the time of delivery,
  2  5 if a retailer delivers a cell phone directly to a consumer in
  2  6 this state, a retailer shall accept from the consumer a used
  2  7 cell phone.
  2  8    d.  A retailer shall make information available to
  2  9 consumers about cell phone recycling opportunities provided by
  2 10 the retailer and encourage consumers to utilize those
  2 11 opportunities.  The information may be made available by any
  2 12 of the following means:
  2 13    (1)  Signage that is prominently displayed and easily
  2 14 visible to the consumer.
  2 15    (2)  Written materials provided to the consumer at the time
  2 16 of purchase or delivery, or both.
  2 17    (3)  Reference to the cell phone recycling opportunity in
  2 18 retailer advertising or other promotional materials, or both.
  2 19    (4)  Direct communications with the consumer at the time of
  2 20 purchase.
  2 21    3.  A retailer shall not sell a cell phone to a consumer in
  2 22 this state unless the retailer complies with subsection 2.
  2 23    4.  The department shall provide information on the
  2 24 internet regarding the recycling rate for cell phones.
  2 25    5.  a.  A state agency that purchases or leases cell phones
  2 26 shall require each prospective bidder for such purchase or
  2 27 lease to certify that the bidder and the bidder's agent,
  2 28 subsidiary, partner, joint venturer, and subcontractor for the
  2 29 procurement have complied with this section or to demonstrate
  2 30 that this section is inapplicable to all lines of business
  2 31 engaged in by the bidder, and the bidder's agent, subsidiary,
  2 32 partner, joint venturer, or subcontractor.  The failure of a
  2 33 prospective bidder to provide certification as required under
  2 34 this subsection shall disqualify the bid.  The bid
  2 35 solicitation documents shall specify that a prospective bidder
  3  1 is required to cooperate fully in providing reasonable access
  3  2 to records and documents that show compliance with this
  3  3 section.
  3  4    b.  A person awarded a contract by a state agency that is
  3  5 found to be in violation of this section is subject to all of
  3  6 the following:
  3  7    (1)  The contract shall be voided by the state agency to
  3  8 which the equipment, materials, or supplies were provided.
  3  9    (2)  The contractor is ineligible to bid on any state
  3 10 contract for a period of three years.
  3 11    (3)  The contractor shall repay all money and property
  3 12 received under the contract.
  3 13    6.  A person violating a provision of this section is
  3 14 subject to a civil penalty of not more than one hundred
  3 15 dollars per day of violation.
  3 16    Sec. 2.  EFFECTIVE DATE.  This bill takes effect July 1,
  3 17 2006.
  3 18                           EXPLANATION
  3 19    This bill relates to the recycling and disposal of cell
  3 20 phones.
  3 21    The bill provides that a retailer of cell phones sold in
  3 22 this state shall have in place a system for the acceptance and
  3 23 collection of used cell phones for reuse, recycling, or proper
  3 24 disposal.  The bill provides that the department of natural
  3 25 resources shall define proper disposal.  The bill provides
  3 26 that the system shall include, at a minimum, all of the
  3 27 following elements:
  3 28    1.  At no cost to the consumer, a retailer shall accept
  3 29 from a consumer a used cell phone that the retailer previously
  3 30 sold to the consumer.  A retailer may require proof of
  3 31 purchase.
  3 32    2.  At no cost to the consumer, a retailer shall accept a
  3 33 used cell phone from a consumer who is purchasing a new cell
  3 34 phone from that retailer.
  3 35    3.  At no cost to the consumer and at the time of delivery,
  4  1 if a retailer delivers a cell phone directly to a consumer in
  4  2 this state, the retailer shall accept from the consumer a used
  4  3 cell phone.
  4  4    4.  Through the use of signage, written materials, direct
  4  5 communication, or other means, a retailer shall make
  4  6 information available to consumers about cell phone recycling
  4  7 opportunities provided by the retailer and encourage consumers
  4  8 to utilize those opportunities.
  4  9    The bill provides that a retailer shall not sell a cell
  4 10 phone to a consumer in this state unless the retailer complies
  4 11 with the provisions of the bill.
  4 12    The bill provides that the department shall provide
  4 13 information on the internet regarding the recycling rate for
  4 14 cell phones.
  4 15    The bill provides that a state agency that purchases or
  4 16 leases cell phones shall require each prospective bidder to
  4 17 certify that the bidder and the bidder's agent, subsidiary,
  4 18 partner, joint venturer, and subcontractor for the procurement
  4 19 have complied with the bill or to demonstrate that the
  4 20 provisions of the bill are inapplicable to all lines of
  4 21 business engaged in by the bidder, and the bidder's agent,
  4 22 subsidiary, partner, joint venturer, or subcontractor.  The
  4 23 bill provides that the failure of a prospective bidder to
  4 24 provide certification as required shall disqualify the bid.
  4 25 The bill provides that a person awarded a contract by a state
  4 26 agency that is found to be in violation of the provisions of
  4 27 the bill is subject to a voiding of the contract,
  4 28 ineligibility to bid on any state contract for a period of
  4 29 three years, and repayment of all money and property received
  4 30 under the contract.
  4 31    The bill provides that a person violating a provision of
  4 32 the bill is subject to a civil penalty of not more than $100
  4 33 per day of violation.
  4 34    The bill takes effect July 1, 2006.
  4 35 LSB 1056SV 81
  5  1 tm:nh/gg/14