2009 WISCONSIN ACT 50
An Act to amend 287.91 (2), 287.95 (1) and 287.97; and to create 20.370 (2) (hr), 25.49 (1m), 287.07 (5), 287.09 (2) (ar), 287.13 (5) (i) and 287.17 of the statutes; relating to: the sale, disposal, collection, and recycling of electronic devices, granting rule-making authority, making an appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. 20.370 (2) (hr) of the statutes is created to read:
20.370 (2) (hr) Electronic waste recycling. From the recycling and renewable energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration of the electronic waste recycling program under s. 287.17.
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Section
2. 25.49 (1m) of the statutes is created to read:
25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).
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Section
3. 287.07 (5) of the statutes is created to read:
287.07 (5) Electronic devices. (a) Beginning on September 1, 2010, no person may dispose of in a solid waste disposal facility, burn in a solid waste treatment facility, or place in a container the contents of which will be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility, any of the following devices, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):
1. A peripheral, as defined in s. 287.17 (1) (j).
3. A facsimile machine.
4. A digital video disc player.
5. A digital video player that does not use a disc and that is not a camera, as defined in s. 287.17 (1) (a).
6. A video cassette recorder.
7. A video recorder that does not use a cassette and that is not a camera, as defined in s. 287.17 (1) (a).
8. A covered electronic device, as defined in s. 287.17 (1) (f).
9. A telephone with a video display.
10. Another kind of electronic device identified by the department under s. 287.17 (10) (i).
(b) The operator of a solid waste disposal facility or a solid waste treatment facility shall make a reasonable effort to manually separate, and arrange to have recycled, a consumer video display device, as defined in s. 287.17 (1) (em), that is readily observable in solid waste that is delivered to the facility for disposal or burning unless the operator determines that one of the following applies:
1. Separating the device is not practical or would require the operator to implement measures to protect human health or safety in addition to any measures taken in the ordinary course of business.
2. The device has been damaged in such a way that recycling is not feasible or practical.
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Section
4. 287.09 (2) (ar) of the statutes is created to read:
287.09 (2) (ar) Beginning on February 1, 2010, provide information to persons in its region about the prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices, and opportunities available to those persons for recycling electronic devices.
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Section
5. 287.13 (5) (i) of the statutes is created to read:
287.13 (5) (i) Solid waste that consists of eligible electronic devices, as defined in s. 287.17 (1) (gs), used by households or schools.
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Section
6. 287.17 of the statutes is created to read:
287.17 Electronic waste recycling. (1) Definitions. In this section:
(a) "Camera" means a device that records images and that is designed to be hand-held.
(am) "Cathode-ray tube" means a vacuum tube used to convert an electronic signal into a visual image.
(b) "Collection" means the act of receiving eligible electronic devices from households or schools and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.
(c) "Collector" means a person who receives eligible electronic devices from households or schools and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.
(d) "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a consumer computer or the Internet.
(e) "Consumer computer" means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or schools, except that "consumer computer" does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.
(eg) 1. "Consumer printer" means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households or schools:
a. A desktop printer.
b. A device that prints and has other functions, such as copying, scanning, or sending facsimiles, and that is designed to be placed on a work surface.
2. "Consumer printer" does not include a calculator with printing capabilities or a label maker.
(em) "Consumer video display device" means a television or computer monitor with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households or schools, except that "consumer video display device" does not include any of the following:
1. A television or computer monitor that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.
2. A television or computer monitor that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.
(f) "Covered electronic device" means a consumer video display device, a consumer computer, or a consumer printer.
(g) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(gm) "Electronic device" means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.
(gs) "Eligible electronic device" means a device that is one of the following and that is used by a household primarily for personal use or by a school, unless the device is of a kind exempted by a rule promulgated under s. 287.17 (10) (i):
1. A consumer computer.
2. A peripheral.
3. A facsimile machine.
4. A digital video disc player.
4m. A digital video player that does not use a disc and that is not a camera.
5. A video cassette recorder.
5m. A video recorder that does not use a cassette and that is not a camera.
6. A consumer video display device.
6m. A consumer printer.
7. Another kind of electronic device identified by the department under sub. (10) (i).
(h) "Household" means one or more individuals who occupy one dwelling unit in a detached or multiunit building.
(i) "Manufacturer" means a person who does any of the following:
1. Manufactures covered electronic devices to be sold under the person's own brand.
2. Sells covered electronic devices manufactured by others under the person's own brand.
3. Except as provided in sub. (1m), licenses the person's brand for manufacture and sale of covered electronic devices by others.
(j) "Peripheral" means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer and that provides input into or output from a consumer computer.
(jm) "Program quarter" means a 3-month period ending on March 31, June 30, September 30, or December 31.
(k) "Program year" means the period from July 1 to the following June 30.
(L) "Recycler" means a person who accepts eligible electronic devices from households, schools, or collectors for the purpose of recycling. "Recycler" does not include a manufacturer who accepts products exclusively for refurbishing or repair.
(m) "Recycling" means preparing eligible electronic devices for use in manufacturing processes or for recovery of useable materials and delivering the materials for use. "Recycling" does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households or schools in their original form.
(mg) "Registered collector" means a collector who is registered under sub. (7).
(mr) "Registered recycler" means a recycler who is registered under sub. (8).
(n) "Retailer" means a person who sells a covered electronic device to a household or school in this state, in person or by mail, telephone, or the Internet, for use by the household or school.
(nm) "Rural county" means a county that is not an urban county.
(np) "School" means a public school, as defined in s. 115.01 (1), or a private school participating in the program under s. 119.23.
(o) "Sell" means to transfer title or right to use for consideration.
(p) "Television" means an electronic device, with a cathode ray-tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.
(pm) "Urban county" means Brown County, Calumet County, Chippewa County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire County, Fond du Lac County, Grant County, Green County, Jefferson County, Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County, Pierce County, Portage County, Racine County, Rock County, Sauk County, Sheboygan County, St. Croix County, Walworth County, Washington County, Waukesha County, Winnebago County, or Wood County.
(1m) Transfer of manufacturer responsibilities. If a person who licenses the person's brand for manufacture and sale of covered electronic devices by another enters into a contract with the licensee under which the licensee assumes the responsibilities that arise under sub. (2) (a) from the sale of those covered electronic devices, the licensee, rather than the licensor, is the manufacturer of the covered electronic devices.
(2) Requirements for sale of covered electronic devices. (a) Manufacturers. Beginning on February 1, 2010, a manufacturer may not sell to a household or school, offer to sell to a household or school, or deliver to a retailer for subsequent sale to a household or school a new covered electronic device unless all of the following apply:
1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer's brand.
2. The manufacturer is registered with the department in accordance with sub. (3).
3. The manufacturer pays the fees under sub. (4).
4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households or schools in this state.
5. The manufacturer reports as required under sub. (5).
(b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle eligible electronic devices.
(c) Retailers. 1. Beginning on July 1, 2010, a retailer may not sell or offer for sale to a household or school a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department's Internet site under sub. (10) (a).
2. If a manufacturer's registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household or school, but only if the sale takes place fewer than 180 days after the revocation or expiration.
(3) Registration of manufacturers. (a) To comply with sub. (2) (a) 2., a manufacturer shall, no later than February 1, 2010, and annually, no later than September 1 beginning in 2010, submit to the department a registration that includes all of the following:
