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:
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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.
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