1.1A bill for an act1.2relating to commerce; regulating the purchase, return, and collection for 1.3recycling of lead acid batteries; modifying certain charges;amending Minnesota 1.4Statutes 2008, sections 325E.115, subdivision 1; 325E.1151, subdivisions 1, 3, 4.1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.6    Section 1. Minnesota Statutes 2008, section 325E.115, subdivision 1, is amended to 1.7read:1.8    Subdivision 1. Surcharge; collection; notice. (a) A person selling lead acid 1.9batteries at retail or offering lead acid batteries for retail sale in this state shall:1.10(1) accept, at the point of transfer, lead acid batteries from customers;1.11(2) charge a fee of $5 at least $10 per battery sold unless the customer returns a 1.12used battery to the retailer; and1.13(3) post written notice in accordance with section 
         325E.1151.  1.14(b) Any person selling lead acid batteries at wholesale or offering lead acid batteries 1.15for sale at wholesale must accept, at the point of transfer, lead acid batteries from 1.16customers.1.17    Sec. 2. Minnesota Statutes 2008, section 325E.1151, subdivision 1, is amended to read:1.18    Subdivision 1. Purchasers must return battery or pay $5 surcharge. (a) A person 1.19who purchases a lead acid battery at retail, except a lead acid battery that is designed to 1.20provide power for a boat motor that is purchased at the same time as the battery, must:1.21(1) return a lead acid battery to the retailer; or1.22(2) pay the retailer a $5 surcharge of at least $10.2.1(b) A person who has paid a $5 surcharge under paragraph (a) must receive a $52.2refund of the surcharge from the retailer if the person returns a lead acid battery with a 2.3receipt for the purchase of a new battery from that retailer within 30 days after purchasing 2.4a new lead acid battery.2.5(c) A retailer may keep the unrefunded surcharges for lead acid batteries not 2.6returned within 30 days.2.7    Sec. 3. Minnesota Statutes 2008, section 325E.1151, subdivision 3, is amended to read:2.8    Subd. 3. Retailers must post notices. (a) A person who sells lead acid batteries 2.9at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer 2.10making purchasing decisions.2.11(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal 2.12recycling symbol and state:2.13"NOTICE: USED BATTERIES2.14This retailer is required to accept your used lead acid batteries, EVEN IF YOU DO 2.15NOT PURCHASE A BATTERY. When you purchase a new battery, you will be charged 2.16an additional $5 amount of at least $10 unless you return a used battery within 30 days.2.17It is a crime to put a motor vehicle battery in the garbage."2.18    Sec. 4. Minnesota Statutes 2008, section 325E.1151, subdivision 4, is amended to read:2.19    Subd. 4. Notices required in newspaper advertisements. (a) An advertisement 2.20for sale of new lead acid batteries at retail in newspapers published in this state must 2.21contain the notice in paragraph (b).2.22(b) The notice must state:2.23"$5 At least $10 additional charge unless a used lead acid battery is returned. 2.24Improper disposal of a lead acid battery is a crime."