SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 397
March 5, 2008 - Offered by Committee on Environment and Natural Resources.
SB397-SSA1,1,5 1An Act to amend 287.91 (2), 287.95 (1) and 287.97; and to create 20.370 (2) (hr),
225.49 (1m), 287.07 (5), 287.09 (2) (ar), 287.13 (5) (i) and 287.17 of the statutes;
3relating to: the disposal, collection, and recycling of electronic devices,
4granting rule-making authority, making an appropriation, and providing
5penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB397-SSA1, s. 1 6Section 1. 20.370 (2) (hr) of the statutes is created to read:
SB397-SSA1,1,97 20.370 (2) (hr) Electronic waste recycling. From the recycling and renewable
8energy fund, all moneys received under s. 287.17 (4) and (10) (j) for administration
9of the electronic waste recycling program under s. 287.17.
SB397-SSA1, s. 2 10Section 2. 25.49 (1m) of the statutes is created to read:
SB397-SSA1,1,1111 25.49 (1m) The moneys received under s. 287.17 (4) and (10) (j).
SB397-SSA1, s. 3 12Section 3. 287.07 (5) of the statutes is created to read:
SB397-SSA1,2,5
1287.07 (5) Electronic devices. (a) Beginning on September 1, 2009, no person
2may dispose of in a solid waste disposal facility, burn in a solid waste treatment
3facility, or place in a container the contents of which will be disposed of in a solid
4waste disposal facility or burned in a solid waste treatment facility, any of the
5following:
SB397-SSA1,2,66 1. A computer, as defined in s. 287.17 (1) (d).
SB397-SSA1,2,77 2. A peripheral, as defined in s. 287.17 (1) (j).
SB397-SSA1,2,88 3. A facsimile machine.
SB397-SSA1,2,99 4. A digital video disc player.
SB397-SSA1,2,1110 5. A digital video player that does not use a disc and that is not a camera, as
11defined in s. 287.17 (1) (a).
SB397-SSA1,2,1212 6. A video cassette recorder.
SB397-SSA1,2,1413 7. A video recorder that does not use a cassette and that is not a camera, as
14defined in s. 287.17 (1) (a).
SB397-SSA1,2,1515 8. A video display device, as defined in s. 287.17 (1) (q).
SB397-SSA1,2,1616 9. A telephone with a video display.
SB397-SSA1,2,1817 10. Another kind of electronic device identified by the department under s.
18287.17 (10) (i).
SB397-SSA1,2,2319 (b) The operator of a solid waste disposal facility or a solid waste treatment
20facility shall make a reasonable effort to manually separate, and arrange to have
21recycled, any video display device, as defined in s. 287.17 (1) (q), that is readily
22observable in solid waste that is delivered to the facility for disposal or burning if the
23operator determines that all of the following apply:
SB397-SSA1,3,3
11. Separating the video display device is practical and will not require the
2operator to implement measures to protect human health or safety in addition to any
3measures taken in the ordinary course of business.
SB397-SSA1,3,54 2. The video display device has not been damaged in such a way that recycling
5is not feasible or practical.
SB397-SSA1, s. 4 6Section 4. 287.09 (2) (ar) of the statutes is created to read:
SB397-SSA1,3,97 287.09 (2) (ar) Provide information to persons in its region about the
8prohibitions under s. 287.07 (5) (a), why it is important to recycle electronic devices,
9and opportunities available to those persons for recycling electronic devices.
SB397-SSA1, s. 5 10Section 5. 287.13 (5) (i) of the statutes is created to read:
SB397-SSA1,3,1211 287.13 (5) (i) Solid waste that consists of covered electronic devices, as defined
12in s. 287.17 (1) (f), used by households.
SB397-SSA1, s. 6 13Section 6. 287.17 of the statutes is created to read:
SB397-SSA1,3,14 14287.17 Electronic waste recycling. (1) Definitions. In this section:
SB397-SSA1,3,1615 (a) "Camera" means a device that records images and that is designed to be
16hand-held.
SB397-SSA1,3,1817 (am) "Cathode-ray tube" means a vacuum tube used to convert an electronic
18signal into a visual image.
SB397-SSA1,3,2119 (b) "Collection" means the act of receiving covered electronic devices from
20households and delivering, or arranging for the delivery of, the covered electronic
21devices to a recycler.
SB397-SSA1,3,2422 (c) "Collector" means a person who receives covered electronic devices from
23households and delivers, or arranges for the delivery of, the covered electronic
24devices to a recycler.
SB397-SSA1,4,4
1(d) "Computer" means a high-speed data processing device for performing
2logical, arithmetic, or storage functions, except that "computer" does not include an
3automated typewriter or typesetter, a portable hand-held calculator or device, or
4other similar device.
SB397-SSA1,4,75 (e) "Computer monitor" means an electronic device that is a cathode-ray tube
6or flat panel display primarily intended to display information from a computer or
7the Internet. "Computer monitor" includes a portable computer with a display.
SB397-SSA1,4,98 (f) "Covered electronic device" means any of the following that is used by a
9household primarily for personal use:
SB397-SSA1,4,1010 1. A computer
SB397-SSA1,4,1111 2. A peripheral.
SB397-SSA1,4,1212 3. A facsimile machine.
SB397-SSA1,4,1313 4. A digital video disc player.
SB397-SSA1,4,1414 4m. A digital video player that does not use a disc and that is not a camera.
SB397-SSA1,4,1515 5. A video cassette recorder.
SB397-SSA1,4,1616 5m. A video recorder that does not use a cassette and that is not a camera.
SB397-SSA1,4,1717 6. A video display device.
SB397-SSA1,4,1918 7. Another kind of electronic device identified by the department under sub.
19(10) (i).
SB397-SSA1,4,2220 (g) "Dwelling unit" means a single unit providing complete, independent living
21facilities for one or more persons, including permanent provisions for living,
22sleeping, eating, cooking, and sanitation.
SB397-SSA1,4,2423 (gm) "Electronic device" means a device that requires electric current or
24electromagnetic fields to function and that contains a circuit board.
SB397-SSA1,5,2
1(h) "Household" means one or more individuals who occupy one dwelling unit
2in a detached or multiunit building.
SB397-SSA1,5,33 (i) "Manufacturer" means a person who does any of the following:
SB397-SSA1,5,44 1. Manufactures video display devices to be sold under the person's own brand.
SB397-SSA1,5,65 2. Sells video display devices manufactured by others under the person's own
6brand.
SB397-SSA1,5,87 3. Licenses the person's brand for manufacture and sale of video display devices
8by others.
SB397-SSA1,5,119 (j) "Peripheral" means a keyboard, printer, or any other device that is sold
10exclusively for external use with a computer and that provides input into or output
11from a computer.
SB397-SSA1,5,1312 (jm) "Program quarter" means a 3-month period ending on March 31, June 30,
13September 30, or December 31.
SB397-SSA1,5,1414 (k) "Program year" means the period from July 1 to the following June 30.
SB397-SSA1,5,1715 (L) "Recycler" means a person who accepts covered electronic devices from
16households and collectors for the purpose of recycling. "Recycler" does not include
17a manufacturer who accepts products for refurbishing or repair.
SB397-SSA1,5,2318 (m) "Recycling" means preparing covered electronic devices for use in
19manufacturing processes or for recovery of useable materials and delivering the
20materials for use. "Recycling" does not include destruction by incineration or other
21processes or land disposal of recyclable materials and does not include reuse, repair,
22or any other process through which covered electronic devices are returned for use
23by households in their original form.
SB397-SSA1,5,2424 (mg) "Registered collector" means a collector who is registered under sub. (7).
SB397-SSA1,5,2525 (mr) "Registered recycler" means a recycler who is registered under sub. (8).
SB397-SSA1,6,2
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-SSA1,6,33 (nm) "Rural county" means a county that is not an urban county.
SB397-SSA1,6,44 (o) "Sell" means to transfer title or right to use for consideration.
SB397-SSA1,6,85 (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-SSA1,6,139 (pm) "Urban county" means Brown County, Calumet County, Dane County,
10Fond du Lac County, Jefferson County, Kenosha County, Manitowoc County,
11Milwaukee County, Outagamie County, Ozaukee County, Racine County, Rock
12County, Sheboygan County, Walworth County, Washington County, Waukesha
13County, or Winnebago County.
SB397-SSA1,6,1714 (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-SSA1,6,2018 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-SSA1,6,2321 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-SSA1,7,2 24(2) Requirements for sale of video display devices. (a) Manufacturers.
25Beginning on September 1, 2008, a manufacturer may not sell to a household, offer

1to sell to a household, or deliver to retailers for subsequent sale to a household a new
2video display device unless all of the following apply:
SB397-SSA1,7,43 1. The manufacturer permanently affixes a label to the video display device
4that is readily visible and that shows the manufacturer's brand.
SB397-SSA1,7,65 2. The manufacturer is registered with the department in accordance with sub.
6(3).
SB397-SSA1,7,77 3. The manufacturer pays the fees under sub. (4).
SB397-SSA1,7,98 4. The manufacturer recycles or arranges for the recycling by a registered
9recycler of covered electronic devices used by households in this state.
SB397-SSA1,7,1110 5. Individuals are not charged a fee when they relinquish covered electronic
11devices for recycling under subd. 4.
SB397-SSA1,7,1312 6. The manufacturer reports as required under sub. (5) and conducts
13assessments as required under sub. (6).
SB397-SSA1,7,1614 (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-SSA1,7,2117 (c) Retailers. 1. Beginning on February 1, 2009, a retailer may not sell or offer
18for sale to a household a new video display device unless, before making the first offer
19for sale, the retailer has reviewed the Internet site maintained by the department
20under sub. (10) (a) and determined that the brand of the video display device is listed
21on the department's Internet site under sub. (10) (a).
SB397-SSA1,7,2522 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 to a household, but
25only if the sale takes place fewer than 180 days after the revocation or expiration.
SB397-SSA1,8,3
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-SSA1,8,54 1. A list of the manufacturer's brands of video display devices offered for sale
5in this state.
SB397-SSA1,8,76 2. The name, address, and contact information of an individual responsible for
7ensuring compliance with this section.
SB397-SSA1,8,98 3. A certification that the manufacturer has complied, and will continue to
9comply, with the requirements of this section.
SB397-SSA1,8,1510 (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 would violate the maximum concentration value for lead,
13mercury, cadmium, hexavalent chromium, polybrominated biphenyls, or
14polybrominated diphenyl ethers provided under the Annex to European Union
15Directive 2002/95/EC.
SB397-SSA1,8,2016 (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling
17video display devices after September 1, 2008, and who has not previously submitted
18a registration under this subsection shall submit a registration to the department
19not more than 10 days after the day on which the manufacturer begins selling or
20offering to sell video display devices.
SB397-SSA1,8,2321 (d) If a manufacturer changes the brands that it sells or offers to sell, the
22manufacturer shall update its registration not more than 10 days after making the
23change.
SB397-SSA1,8,2524 (e) A complete registration is effective on receipt by the department and is valid
25until the following September 1 unless revoked before that date.
SB397-SSA1,9,4
1(f) The department shall review a registration submitted under this section and
2notify the manufacturer if the registration is not complete. A manufacturer who
3receives notice under this paragraph shall submit the information needed to
4complete the registration within 30 days after the day on which it receives the notice.
SB397-SSA1,9,7 5(4) Manufacturer recycling targets, fees, and recycling credits. (a)
6Payment. To comply with sub. (2) (a) 3., a manufacturer shall pay fees as provided
7in this subsection with the registration that it submits under sub. (3).
SB397-SSA1,9,118 (b) Registration fees. 1. The registration fee due in 2008, or the first year that
9a manufacturer registers if later than 2008, is $5,000, except that, if the
10manufacturer sells fewer than 100 video display devices in this state annually, the
11fee is $1,250.
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