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HF 2402

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to commerce; regulating the purchase, return, and collection for
recycling of lead acid batteries; modifying certain charges; amending Minnesota
Statutes 2008, sections 325E.115, subdivision 1; 325E.1151, subdivisions 1, 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 325E.115, subdivision 1, is amended to
read:


Subdivision 1.

Surcharge; collection; notice.

(a) A person selling lead acid
batteries at retail or offering lead acid batteries for retail sale in this state shall:

(1) accept, at the point of transfer, lead acid batteries from customers;

(2) charge a fee of deleted text begin $5deleted text end new text begin $10new text end per battery sold unless the customer returns a used battery
to the retailer; and

(3) post written notice in accordance with section 325E.1151.

(b) Any person selling lead acid batteries at wholesale or offering lead acid batteries
for sale at wholesale must accept, at the point of transfer, lead acid batteries from
customers.

Sec. 2.

Minnesota Statutes 2008, section 325E.1151, subdivision 1, is amended to read:


Subdivision 1.

Purchasers must return battery or pay deleted text begin $5deleted text end new text begin $10new text end .

(a) A person who
purchases a lead acid battery at retail, except a lead acid battery that is designed to provide
power for a boat motor that is purchased at the same time as the battery, must:

(1) return a lead acid battery to the retailer; or

(2) pay the retailer a deleted text begin $5deleted text end new text begin $10new text end surcharge.

(b) A person who has paid a deleted text begin $5deleted text end new text begin $10new text end surcharge under paragraph (a) must receive a
deleted text begin $5deleted text end new text begin $10new text end refund from the retailer if the person returns a lead acid battery with a receipt
for the purchase of a new battery from that retailer within 30 days after purchasing
a new lead acid battery.

(c) A retailer may keep the unrefunded surcharges for lead acid batteries not
returned within 30 days.

Sec. 3.

Minnesota Statutes 2008, section 325E.1151, subdivision 3, is amended to read:


Subd. 3.

Retailers must post notices.

(a) A person who sells lead acid batteries
at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer
making purchasing decisions.

(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal
recycling symbol and state:

"NOTICE: USED BATTERIES

This retailer is required to accept your used lead acid batteries, EVEN IF YOU DO
NOT PURCHASE A BATTERY. When you purchase a new battery, you will be charged
an additional deleted text begin $5deleted text end new text begin $10new text end unless you return a used battery within 30 days.

It is a crime to put a motor vehicle battery in the garbage."

Sec. 4.

Minnesota Statutes 2008, section 325E.1151, subdivision 4, is amended to read:


Subd. 4.

Notices required in newspaper advertisements.

(a) An advertisement
for sale of new lead acid batteries at retail in newspapers published in this state must
contain the notice in paragraph (b).

(b) The notice must state:

"deleted text begin $5deleted text end new text begin $10new text end additional charge unless a used lead acid battery is returned. Improper
disposal of a lead acid battery is a crime."