Feed for /2011/related/proposals/ab266 PDF
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2011 - 2012 LEGISLATURE
September 16, 2011 - Introduced by Representatives Honadel, Brooks, Berceau,
Hulsey, A. Ott, Pocan, Spanbauer, Thiesfeldt
and Turner, cosponsored by
Senators C. Larson, Cowles, Holperin, Olsen, Risser and Taylor. Referred
to Committee on Consumer Protection and Personal Privacy.
AB266,1,5 1An Act to amend 287.18 (1) (c), 287.18 (1m) (a) (intro.), 287.18 (1m) (a) 3., 287.18
2(1m) (b), 287.18 (2) (a) and (b), 287.18 (3) (a) (intro.), 287.18 (3) (a) 3., 287.18 (3)
3(b), 287.18 (4) (a) and (b) and 287.18 (5); and to create 287.18 (1) (bm) of the
4statutes; relating to: the sale of lead acid batteries and acceptance of used lead
5acid batteries.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from disposing of a lead acid battery, including
a motor vehicle battery, by placing it in a landfill or incinerating it. Current law
requires anyone who sells a lead acid battery to a person who will use the battery (a
consumer) and who installs the battery to accept the consumer's used battery.
Current law also requires a person who sells a lead acid battery to a consumer
without installing the battery to offer to take the used battery in trade. The law
prohibits a person from charging a consumer a deposit of more than $5 on the sale
of a lead acid battery.
This bill requires a person who sells a lead acid battery to a consumer to charge
a deposit of not less than $5. The bill also changes terminology in the law relating

to the sale of lead acid batteries and defines the term "deposit" for the purposes of
that law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB266, s. 1 1Section 1. 287.18 (1) (bm) of the statutes is created to read:
AB266,2,42 287.18 (1) (bm) "Deposit" means an amount charged, upon the sale of an item,
3that is refunded when the item, or another item of the same kind, is relinquished to
4the person who sold the item. "Deposit" includes a core charge.
AB266, s. 2 5Section 2. 287.18 (1) (c) of the statutes is amended to read:
AB266,2,76 287.18 (1) (c) "Retailer" " Seller" means a person who sells batteries to
7consumers.
AB266, s. 3 8Section 3. 287.18 (1m) (a) (intro.) of the statutes is amended to read:
AB266,2,129 287.18 (1m) (a) (intro.) The department shall provide a notice concerning the
10disposal of batteries to all retailers sellers. The notice shall be 8.5 inches by 11 inches
11and all notices shall be of the same color, typeface, and type size. The notice shall
12include all of the following information:
AB266, s. 4 13Section 4. 287.18 (1m) (a) 3. of the statutes is amended to read:
AB266,2,1514 287.18 (1m) (a) 3. That state law requires retailers sellers to accept used
15batteries in trade and in some other instances.
AB266, s. 5 16Section 5. 287.18 (1m) (b) of the statutes is amended to read:
AB266,2,1817 287.18 (1m) (b) A retailer seller shall post the notice provided under par. (a)
18in a place where it can be seen by consumers.
AB266, s. 6 19Section 6. 287.18 (2) (a) and (b) of the statutes are amended to read:
AB266,3,3
1287.18 (2) (a) A retailer seller who sells a battery to a consumer and installs
2the battery shall accept the used battery unless the consumer refuses to relinquish
3the used battery.
AB266,3,54 (b) If the consumer refuses to relinquish the used battery under par. (a), the
5retailer seller shall comply with sub. (3).
AB266, s. 7 6Section 7. 287.18 (3) (a) (intro.) of the statutes is amended to read:
AB266,3,97 287.18 (3) (a) (intro.) If a retailer seller sells a battery to a consumer without
8installing the battery or if sub. (2) (b) applies, the retailer seller shall do all of the
9following:
AB266, s. 8 10Section 8. 287.18 (3) (a) 3. of the statutes is amended to read:
AB266,3,1311 287.18 (3) (a) 3. Subject to par. (b), accept the consumer's used battery in trade
12for a new battery without charge or time limit, during normal business hours, at any
13business location owned or operated by the retailer seller.
AB266, s. 9 14Section 9. 287.18 (3) (b) of the statutes is amended to read:
AB266,3,1715 287.18 (3) (b) A retailer seller accepting a used battery in trade under par. (a)
163. may require the consumer to provide proof that the consumer purchased a battery
17from the retailer seller.
AB266, s. 10 18Section 10. 287.18 (4) (a) and (b) of the statutes are amended to read:
AB266,3,2219 287.18 (4) (a) Except as provided in par. (b), if a person delivers to a retailer
20seller a used battery to which sub. (3) (a) 3. does not apply, the retailer seller shall
21accept the used battery. A retailer seller may charge up to $3 for each battery
22delivered under this paragraph.
AB266,3,2423 (b) A retailer seller is not required to accept more than 2 batteries delivered
24under this subsection by a person on one day.
AB266, s. 11 25Section 11. 287.18 (5) of the statutes is amended to read:
AB266,4,3
1287.18 (5) Deposit. A retailer may seller shall charge a deposit of not more less
2than $5 on the sale of a battery. The retailer seller shall refund the deposit if the
3consumer delivers the battery to the retailer seller under sub. (3) (a) 3.
AB266,4,44 (End)
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