September 6, 2005, Introduced by Rep. Bieda and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 175. CELL PHONE RECYCLING
Sec. 17501. As used in this part:
(a) "Cell phone" means a wireless telephone device that is
designed to send or receive transmissions through a cellular
radiotelephone service, including a rechargeable battery connected
to the device. Cell phone does not include a wireless telephone
device that is integrated into the electrical architecture of a
motor vehicle.
(b) "Cellular radiotelephone service" means that term as
defined in 47 CFR 22.99.
(c) "Consumer" means a person who is the purchaser or owner of
a cell phone. Consumer does not include a person involved in a
wholesale transaction between a distributor and a retailer.
(d) "Distributor" means a person who sells a cell phone to a
retailer.
(e) "Retailer" means a person who sells a cell phone in this
state to a consumer, including a manufacturer of a cell phone who
sells the cell phone directly to a consumer.
(f) "Sell" means to transfer, for consideration, ownership or
the right to use, by lease or sales contract, including, but not
limited to, a transfer made through a sales outlet, catalog, or the
internet or any other, similar electronic means. Sell does not
include a transfer that is a wholesale transaction with a
distributor or a retailer.
(g) "Used cell phone" means a cell phone that has been
previously used and is made available, by a consumer, for reuse,
recycling, or proper disposal.
Sec. 17503. (1) Beginning July 1, 2006, a retailer that sells
cell phones in this state shall have in place a system to receive
and collect used cell phones for reuse, recycling, or proper
disposal that meets the minimum requirements of subsection (2).
(2) A system to receive and collect used cell phones for
reuse, recycling, or proper disposal shall, at a minimum, include
all of the following elements:
(a) Acceptance from a consumer of a used cell phone that the
retailer sold to the consumer, at no cost to the consumer. The
retailer may require proof that the cell phone was sold by the
retailer.
(b) Acceptance of a used cell phone from a consumer who is
purchasing a new cell phone from the retailer, at no cost to the
consumer.
(c) If the retailer delivers a cell phone directly to a
consumer in this state, a mechanism for the consumer, at the time
of delivery, to send a used cell phone to the retailer, at no cost
to the consumer.
(d) A method to make information available to consumers about
cell phone recycling provided by the retailer and to encourage
consumers to make use of that recycling. The method may include,
but is not limited to, 1 or more of the following:
(i) Signs prominently displayed and easily visible to
consumers.
(ii) Written materials provided to consumers at the time of
purchase or delivery.
(iii) Reference to the cell phone recycling in advertising or
promotional materials.
(iv) Direct communications with the consumer at the time of
purchase.
(3) Subsection (2)(d) does not apply to a retailer that only
sells prepaid cell phones and does not offer a consumer the ability
to enter into a contract for cell phone service.
Sec. 17505. Beginning July 1, 2006, a retailer shall not sell
a cell phone to a consumer in this state unless the retailer of the
cell phone complies with this part.