SB485: Bill Text

LRB-4103/1

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2001 - 2002 LEGISLATURE

2001 Senate BILL 485

March 5, 2002 - Introduced by Senators Baumgart and Decker, cosponsored by Representatives Powers, Pocan, Ryba, Black, Miller and Albers. Referred to Committee on Universities, Housing, and Government Operations.

SB485,1,3 An Act to create 16.70 (13m), 16.72 (2) (g) and 16.74 (5m) of the statutes; relating to: state procurement of a toner cartridge whose manufacturer restricts its remanufacture.

Analysis by the Legislative Reference Bureau

Currently, the department of administration (DOA) purchases or delegates to other state agencies in the executive branch the authority to purchase materials, supplies, and equipment for use in the state agencies in the executive branch. DOA is required to prepare standard specifications, as far as possible, for all state purchases. The specifications must incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible.

This bill requires DOA, every other state agency to which DOA delegates purchasing authority other than the University of Wisconsin Hospitals and Clinics Authority, and state legislative and judicial branch entities to ensure that the specifications that they use for purchasing prohibit the procurement of toner cartridges whose original manufacturer places restrictions on the remanufacturing (reconditioning or refilling) of the toner cartridges by any person other than the original manufacturer. The bill defines "toner cartridge" as any cartridge containing a dry, powdered ink for application to paper by use of a photocopier, laser printer, or similar device. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing, and any contract that forbids the remanufacturing or recycling of a toner cartridge.

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:

SB485, s. 1 Section 1. 16.70 (13m) of the statutes is created to read:

SB485,2,5 16.70 (13m) "Remanufacturing" means the process by which a durable product is restored, retaining the bulk of components that have been through at least one life cycle and replacing consumable portions to enable the product to be restored to its originally intended function.

SB485, s. 2 Section 2. 16.72 (2) (g) of the statutes is created to read:

SB485,2,9 16.72 (2) (g) 1. In this paragraph, "toner cartridge" means a cartridge containing dry, powdered ink for application to paper by use of a photocopier, laser printer, or similar device.

SB485,2,20 2. In writing specifications for purchases under this section, the department, any other designated purchasing agent under s. 16.71 (1), and each authority, other than the University of Wisconsin Hospitals and Clinics Authority, shall ensure that the specifications prohibit the procurement of a toner cartridge whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing, and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this paragraph.

SB485, s. 3 Section 3. 16.74 (5m) of the statutes is created to read:

SB485,3,12 16.74 (5m) In writing specifications for purchases under this section, the joint committee on legislative organization, house, legislative service agency, director of state courts, or judicial branch agency shall ensure that specifications include a prohibition against the purchase of a toner cartridge, as defined in s. 16.72 (2) (g) 1., whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing, and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this subsection.

SB485, s. 4 Section 4. Initial applicability.

SB485,3,16 (1) This act first applies to specifications for notices inviting bids or competitive sealed proposals for purchases and to specifications for orders for purchases placed on the first day of the 7th month beginning after publication.

SB485,3,17 (End)