SB121: Bill Text

LRB-0958/1

RCT:kjf:jf

2013 - 2014 LEGISLATURE

2013 Senate BILL 121

April 1, 2013 - Introduced by Senators C. Larson, Cowles, Carpenter, Grothman, Harris, Olsen and L. Taylor, cosponsored by Representatives Honadel, Thiesfeldt, Barnes, Bies, Brooks, Hebl, Hulsey, Kolste, Ohnstad, A. Ott, Pasch, Riemer, Stone and Wright. Referred to Natural Resources.

SB121,1,5 An Act to amend 287.18 (1) (c), 287.18 (1m) (a) (intro.), 287.18 (1m) (a) 3., 287.18 (1m) (b), 287.18 (2) (a) and (b), 287.18 (3) (a) (intro.), 287.18 (3) (a) 3., 287.18 (3) (b), 287.18 (4) (a) and (b) and 287.18 (5); and to create 287.18 (1) (bm) of the statutes; relating to: the sale of lead acid batteries and acceptance of used lead acid 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:

SB121,1 Section 1. 287.18 (1) (bm) of the statutes is created to read:

SB121,2,4 287.18 (1) (bm) "Deposit" means an amount charged, upon the sale of an item, that is refunded when the item, or another item of the same kind, is relinquished to the person who sold the item. "Deposit" includes a core charge.

SB121,2 Section 2. 287.18 (1) (c) of the statutes is amended to read:

SB121,2,7 287.18 (1) (c) "Retailer" " Seller" means a person who sells batteries to consumers.

SB121,3 Section 3. 287.18 (1m) (a) (intro.) of the statutes is amended to read:

SB121,2,12 287.18 (1m) (a) (intro.) The department shall provide a notice concerning the disposal of batteries to all retailers sellers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface, and type size. The notice shall include all of the following information:

SB121,4 Section 4. 287.18 (1m) (a) 3. of the statutes is amended to read:

SB121,2,15 287.18 (1m) (a) 3. That state law requires retailers sellers to accept used batteries in trade and in some other instances.

SB121,5 Section 5. 287.18 (1m) (b) of the statutes is amended to read:

SB121,2,18 287.18 (1m) (b) A retailer seller shall post the notice provided under par. (a) in a place where it can be seen by consumers.

SB121,6 Section 6. 287.18 (2) (a) and (b) of the statutes are amended to read:

SB121,3,3 287.18 (2) (a) A retailer seller who sells a battery to a consumer and installs the battery shall accept the used battery unless the consumer refuses to relinquish the used battery.

SB121,3,5 (b) If the consumer refuses to relinquish the used battery under par. (a), the retailer seller shall comply with sub. (3).

SB121,7 Section 7. 287.18 (3) (a) (intro.) of the statutes is amended to read:

SB121,3,9 287.18 (3) (a) (intro.) If a retailer seller sells a battery to a consumer without installing the battery or if sub. (2) (b) applies, the retailer seller shall do all of the following:

SB121,8 Section 8. 287.18 (3) (a) 3. of the statutes is amended to read:

SB121,3,13 287.18 (3) (a) 3. Subject to par. (b), accept the consumer's used battery in trade for a new battery without charge or time limit, during normal business hours, at any business location owned or operated by the retailer seller.

SB121,9 Section 9. 287.18 (3) (b) of the statutes is amended to read:

SB121,3,17 287.18 (3) (b) A retailer seller accepting a used battery in trade under par. (a) 3. may require the consumer to provide proof that the consumer purchased a battery from the retailer seller.

SB121,10 Section 10. 287.18 (4) (a) and (b) of the statutes are amended to read:

SB121,3,22 287.18 (4) (a) Except as provided in par. (b), if a person delivers to a retailer seller a used battery to which sub. (3) (a) 3. does not apply, the retailer seller shall accept the used battery. A retailer seller may charge up to $3 for each battery delivered under this paragraph.

SB121,3,24 (b) A retailer seller is not required to accept more than 2 batteries delivered under this subsection by a person on one day.

SB121,11 Section 11. 287.18 (5) of the statutes is amended to read:

SB121,4,3 287.18 (5) Deposit. A retailer may seller shall charge a deposit of not more less than $5 on the sale of a battery. The retailer seller shall refund the deposit if the consumer delivers the battery to the retailer seller under sub. (3) (a) 3.

SB121,4,4 (End)