Senate File 72 - Introduced SENATE FILE BY BOLKCOM 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 1056SS 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 1056SS 81 5 1 tm:nh/gg/14