Reporting and assessments
The bill requires a manufacturer to make quarterly reports to DNR of the
weight of its video display devices sold to individuals in this state and of the weight
of covered electronic devices collected by or on behalf of the manufacturer. The bill
also requires a manufacturer to conduct assessments of any collectors and recyclers
with whom it contracts.
Fees
The bill requires each manufacturer to pay a base fee annually. The fee is
generally $5,000 in 2008 and $2,500 after 2008.
The bill provides for a variable fee, in addition to the base fee. The amount of
the variable fee is based on the weight of a manufacturer's video display devices sold
and the weight of covered electronic devices recycled by or on behalf of the
manufacturer and on whether the manufacturer pays the variable fee annually or
quarterly. The fee is lower if the manufacturer pays quarterly. Manufacturers are
allowed to count covered electronic devices collected from individuals in rural
counties (identified in the bill) as weighing 1.5 times their actual weight.
If a manufacturer meets its target recycling weight, which is 0.6 times the
weight of its video display devices sold the first year and 0.8 times the weight of its
video display devices sold after the first year, it is not required to pay a variable fee.
If a manufacturer exceeds its target recycling weight, it receives credits, which it may
use to meet its target recycling weight in any of the next three years or which it may
sell to other manufacturers for that purpose.

Penalties
A manufacturer may be required to pay a civil monetary penalty (forfeiture) of
not more than $10,000 for each violation of the requirements in the bill. The
maximum forfeiture for a violation by any person other than a manufacturer is
$1,000.
Collectors
The bill requires collectors to register annually with DNR. A collector receives
covered electronic devices from individuals and delivers them to recyclers. The bill
requires a collector to certify annually that it complies with the requirements in the
bill and with applicable financial responsibility requirements. The bill also requires
a collector to report to DNR on a quarterly basis the total weight of covered electronic
devices collected and the names of recyclers to whom the collector delivered covered
electronic devices.
Recyclers
The bill requires recyclers to register annually with DNR. A recycler accepts
covered electronic devices from individuals and collectors and prepares the devices
for use in manufacturing or recovers useable materials from the devices. The bill
requires a recycler to certify annually that it complies with the requirements in the
bill and with applicable health, environmental, safety, and financial responsibility
requirements.
The bill requires a recycler to maintain liability insurance. It prohibits a
recycler from using prison labor to recycle and from exporting covered electronic
devices to countries that are not members of the Organization for Economic
Cooperation and Development.
The bill requires a recycler to report to DNR on a quarterly basis the total
weight of covered electronic devices collected in this state that it recycles.
Retailers
The bill requires a retailer to report to a manufacturer, on a quarterly basis, the
number of the manufacturer's video display devices, by model, that the retailer sold
to individuals in this state.
The bill also requires a retailer to provide information to purchasers describing
how video display devices can be collected and recycled and describing the
prohibitions on disposing of video display devices in landfills, as described below.
Other provisions
Landfill ban
Current law prohibits various items, including lead acid batteries and major
appliances, from being disposed of in landfills. This bill prohibits the disposal in
landfills of televisions, computer monitors, computers, computer peripherals,
facsimile machines, digital video players, video recorders, and telephones with video
displays. The prohibition takes effect on September 1, 2009. The bill authorizes
DNR to expand the prohibition to other kinds of electronic devices if disposing of the
electronic devices in landfills may be harmful to human health or the environment.

Audits
This bill authorizes DNR to perform or contract for the performance of an audit
of the activities of a collector or a recycler. The bill requires the collector or recycler
to pay a portion of the cost of the audit.
State purchasing
This bill prohibits a state agency from purchasing a television or a computer
monitor unless the manufacturer is registered with DNR, as required by the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB397, s. 1 1Section 1. 16.71 (7) of the statutes is created to read:
SB397,4,62 16.71 (7) Beginning on September 1, 2008, the department, any other
3designated purchasing agent under sub. (1), and each authority, may not purchase
4a video display device, as defined in s. 287.17 (1) (q), unless the manufacturer of the
5video display device is registered with the department of natural resources under s.
6287.17 (3).
SB397, s. 2 7Section 2. 20.370 (2) (hr) of the statutes is created to read:
SB397,4,108 20.370 (2) (hr) Electronic waste recycling. From the recycling fund, all moneys
9received under s. 287.17 (4) and (10) (j) for administration of the electronic waste
10recycling program under s. 287.17.
SB397, s. 3 11Section 3. 25.49 (1m) of the statutes is created to read:
SB397,4,1212 25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).
SB397, s. 4 13Section 4. 287.07 (5) of the statutes is created to read:
SB397,4,1514 287.07 (5) Electronic devices. Beginning on September 1, 2009, no person
15may dispose of any of the following in a solid waste disposal facility:
SB397,4,1616 (a) A computer, as defined in s. 287.17 (1) (d).
SB397,5,1
1(b) A peripheral, as defined in s. 287.17 (1) (j).
SB397,5,22 (c) A facsimile machine.
SB397,5,33 (d) A digital video disc player.
SB397,5,54 (dm) A digital video player that does not use a disc and that is not a camera,
5as defined in s. 287.17 (1) (a).
SB397,5,66 (e) A video cassette recorder.
SB397,5,87 (em) A video recorder that does not use a cassette and that is not a camera, as
8defined in s. 287.17 (1) (a).
SB397,5,99 (f) A video display device, as defined in s. 287.17 (1) (q).
SB397,5,1010 (g) A telephone with a video display.
SB397,5,1211 (h) Another kind of electronic device identified by the department under s.
12287.17 (10) (i).
SB397, s. 5 13Section 5. 287.13 (5) (i) of the statutes is created to read:
SB397,5,1514 287.13 (5) (i) Solid waste that consists of covered electronic devices, as defined
15in s. 287.17 (1) (f), used by households.
SB397, s. 6 16Section 6. 287.17 of the statutes is created to read:
SB397,5,17 17287.17 Electronic waste recycling. (1) Definitions. In this section:
SB397,5,1918 (a) "Camera" means a device that records images and that is designed to be
19hand-held.
SB397,5,2120 (am) "Cathode-ray tube" means a vacuum tube used to convert an electronic
21signal into a visual image.
SB397,5,2422 (b) "Collection" means the act of receiving covered electronic devices from
23households and delivering, or arranging for the delivery of, the covered electronic
24devices to a recycler.
SB397,6,3
1(c) "Collector" means a person who receives covered electronic devices from
2households and delivers, or arranges for the delivery of, the covered electronic
3devices to a recycler.
SB397,6,74 (d) "Computer" means a high-speed data processing device for performing
5logical, arithmetic, or storage functions, except that "computer" does not include an
6automated typewriter or typesetter, a portable hand-held calculator or device, or
7other similar device.
SB397,6,108 (e) "Computer monitor" means an electronic device that is a cathode-ray tube
9or flat panel display primarily intended to display information from a computer or
10the Internet. "Computer monitor" includes a portable computer with a display.
SB397,6,1211 (f) "Covered electronic device" means any of the following that is used by a
12household primarily for personal use:
SB397,6,1313 1. A computer
SB397,6,1414 2. A peripheral.
SB397,6,1515 3. A facsimile machine.
SB397,6,1616 4. A digital video disc player.
SB397,6,1717 4m. A digital video player that does not use a disc and that is not a camera.
SB397,6,1818 5. A video cassette recorder.
SB397,6,1919 5m. A video recorder that does not use a cassette and that is not a camera.
SB397,6,2020 6. A video display device.
SB397,6,2221 7. Another kind of electronic device identified by the department under sub.
22(10) (i).
SB397,6,2523 (g) "Dwelling unit" means a single unit providing complete, independent living
24facilities for one or more persons, including permanent provisions for living,
25sleeping, eating, cooking, and sanitation.
SB397,7,2
1(gm) "Electronic device" means a device that requires electric current or
2electromagnetic fields to function and that contains a circuit board.
SB397,7,43 (h) "Household" means one or more individuals who occupy one dwelling unit
4in a detached or multiunit building.
SB397,7,55 (i) "Manufacturer" means a person who does any of the following:
SB397,7,66 1. Manufactures video display devices to be sold under the person's own brand.
SB397,7,87 2. Sells video display devices manufactured by others under the person's own
8brand.
SB397,7,109 3. Licenses the person's brand for manufacture and sale of video display devices
10by others.
SB397,7,1311 (j) "Peripheral" means a keyboard, printer, or any other device that is sold
12exclusively for external use with a computer and that provides input into or output
13from a computer.
SB397,7,1514 (jm) "Program quarter" means a 3-month period ending on March 31, June 30,
15September 30, or December 31.
SB397,7,1616 (k) "Program year" means the period from July 1 to the following June 30.
SB397,7,1917 (L) "Recycler" means a person who accepts covered electronic devices from
18households and collectors for the purpose of recycling. "Recycler" does not include
19a manufacturer who accepts products for refurbishing or repair.
SB397,7,2520 (m) "Recycling" means preparing covered electronic devices for use in
21manufacturing processes or for recovery of useable materials and delivering the
22materials for use. "Recycling" does not include destruction by incineration or other
23processes or land disposal of recyclable materials and does not include reuse, repair,
24or any other process through which covered electronic devices are returned for use
25by households in their original form.
SB397,8,2
1(n) "Retailer" means a person who sells a video display device to a household
2in this state, in person or by mail, telephone, or the Internet, for use by the household.
SB397,8,33 (nm) "Rural county" means a county that is not an urban county.
SB397,8,44 (o) "Sell" means to transfer title or right to use for consideration.
SB397,8,85 (p) "Television" means an electronic device, with a cathode ray-tube or flat
6panel display, primarily intended to receive video programming via broadcast, cable,
7or satellite transmission or to receive video images from surveillance or similar
8cameras.
SB397,8,139 (pm) "Urban county" means Brown County, Calumet County, Dane County,
10Eau Claire County, Fond du Lac County, Jefferson County, Kenosha County,
11Manitowoc County, Milwaukee County, Outagamie County, Ozaukee County, Racine
12County, Rock County, Sheboygan County, Walworth County, Washington County,
13Waukesha County, or Winnebago County.
SB397,8,1714 (q) "Video display device" means a television or computer monitor with a tube
15or screen that is at least 9 inches in its longest diagonal measurement and that is
16marketed by the manufacturer for use by households, except that "video display
17device" does not include any of the following:
SB397,8,2018 1. A television or computer monitor that is part of a motor vehicle and that is
19incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a
20franchised motor vehicle dealer.
SB397,8,2321 2. A television or computer monitor that is contained within a clothes washer,
22clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove,
23dishwasher, room air conditioner, dehumidifier, or air purifier.
SB397,9,2 24(2) Requirements for sale of video display devices. (a) Manufacturers.
25Beginning on September 1, 2008, a manufacturer may not sell, offer to sell, or deliver

1to retailers for subsequent sale a new video display device unless all of the following
2apply:
SB397,9,43 1. The manufacturer permanently affixes a label to the video display device
4that is readily visible and that shows the manufacturer's brand.
SB397,9,65 2. The manufacturer is registered with the department in accordance with sub.
6(3).
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