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).

SB397,4,108 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.

SB397,4,1212 25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).

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

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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).

SB397,5,1514 287.13 (5) (i) Solid waste that consists of covered electronic devices, as defined
15in s. 287.17 (1) (f), used by households.

SB397,5,17 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

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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

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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

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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

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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).

SB397,9,77 3. The manufacturer pays the fees under sub. (4).

SB397,9,98 4. The manufacturer collects and recycles or arranges for the collection and
9recycling of covered electronic devices used by households in this state.

SB397,9,1110 5. Individuals are not charged a fee when they relinquish covered electronic
11devices for collection and recycling under subd. 4.

SB397,9,1312 6. The manufacturer reports as required under sub. (5) and conducts
13assessments as required under sub. (6).

SB397,9,1614 (b) Cooperation. A manufacturer may carry out its responsibilities under par.
15(a) 4. jointly with other manufacturers and may participate with other
16manufacturers in creating an entity to collect and recycle covered electronic devices.

SB397,9,2117 (c) Retailers. 1. Beginning on February 1, 2009, a retailer may not sell or offer
18for sale a new video display device unless, before making the first offer for sale, the
19retailer has reviewed the Internet site maintained by the department under sub. (10)
20(a) and determined that the brand of the video display device is listed on the
21department's Internet site under sub. (10) (a).

SB397,9,2522 2. If a manufacturer's registration is revoked or expired and the retailer took
23possession of a video display device of the manufacturer before the registration was
24revoked or expired, the retailer may sell the video display device, but only if the sale
25takes place fewer than 180 days after the revocation or expiration.

SB397,10,3

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1(3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a
2manufacturer shall annually, no later than September 1, submit to the department
3a registration that includes all of the following:

SB397,10,54 1. A list of the manufacturer's brands of video display devices offered for sale
5in this state.

SB397,10,76 2. The name, address, and contact information of an individual responsible for
7ensuring compliance with this section.

SB397,10,98 3. A certification that the manufacturer has complied, and will continue to
9comply, with the requirements of this section.

SB397,10,1810 (b) Beginning with the registration due by September 1, 2009, a manufacturer
11shall include in its registration under par. (a) a statement disclosing whether any of
12its video display devices contain lead, mercury, cadmium, hexavalent chromium,
13polybrominated biphenyls, or polybrominated diphenyl ethers and, if so, whether the
14amount of any of those substances exceeds a maximum concentration level provided
15under the Annex to European Union Directive 2002/95/EC and whether there is an
16exemption in the Annex to European Union Directive 2002/95/EC permitting those
17substances to be used in the manner in which they are used in the manufacturer's
18video display devices.

SB397,10,2319 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling
20video display devices after September 1, 2008, and who has not previously submitted
21a registration under this subsection shall submit a registration to the department
22not more than 10 days after the day on which the manufacturer begins selling or
23offering to sell video display devices.

SB397,11,3

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1(d) If a manufacturer changes the brands that it sells or offers to sell, the
2manufacturer shall update its registration not more than 10 days after making the
3change.

SB397,11,54 (e) A registration is effective on receipt by the department and is valid until the
5following September 1 unless revoked before that date.

SB397,11,106 (f) The department shall review a registration submitted under this section and
7notify the manufacturer if the registration does not contain all of the information
8required under this subsection. A manufacturer who receives notice under this
9paragraph shall submit the information within 30 days after the day on which it
10receives the notice.

SB397,11,12 11(4) Manufacturer fees; recycling credits. (a) Payment. To comply with sub.
12(2) (a) 3., a manufacturer shall pay fees as provided in this subsection.

SB397,11,1713 (b) First year. The fee due in 2008, or the first year that a manufacturer
14registers if later than 2008, is $5,000, except that, if the manufacturer sells fewer
15than 100 video display devices in this state annually, the fee is $1,250. A
16manufacturer shall pay the fee under this paragraph with the registration that it
17submits under sub. (3).

SB397,12,218 (c) Subsequent years. In each year after the year in which a manufacturer pays
19the fee under par. (b), the manufacturer shall pay, with the registration that it
20submits under sub. (3), a base fee of $2,500, except that, if the manufacturer sells
21fewer than 100 video display devices in this state annually, the base fee is $1,250.
22In addition to the base fee, a manufacturer shall pay variable fees under par. (d) or
23(dm) if the amount calculated under par. (d) or (dm) is a positive number. With each
24registration that a manufacturer submits under sub. (3), the manufacturer shall

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1state whether it will calculate and pay variable fees on an annual basis under par.
2(d) or on a quarterly basis under par. (dm).

SB397,12,63 (d) Annual variable fee. If a manufacturer calculates variable fees on an annual
4basis, the manufacturer shall pay the fees with the registration that it submits under
5sub. (3). The variable fee for a manufacturer that chooses to pay on an annual basis
6is calculated as follows:

SB397,12,107 1. Determine the manufacturer's target recycling weight by multiplying the
8number of pounds of the manufacturer's video display devices sold to households in
9this state during the previous program year, as reported under sub. (5) (a), by 0.6 for
10the program year ending on June 30, 2009, and by 0.8 for every other program year.

SB397,12,1411 2. Determine the actual recycling weight by adding the weight of covered
12electronic devices recycled by or on behalf of the manufacturer, as determined under
13par. (f) 1., plus the number of recycling credits that a manufacturer elects to use, as
14reported to the department under sub. (5) (c) 3.