PART I. 
DEFINITIONS



 



Note



 



  Section 339D-1 designated as part I by L 2009, c 183, §3.



 



§339D-1  Definitions.  As used in this
chapter:



"Brand" means a symbol, word, or mark
that identifies a covered electronic device or a covered television, rather than
any of its components.



"Covered electronic device" [See
note below.]:



(1)  Means a computer, computer printer, computer
monitor, or portable computer with a screen size greater than four inches
measured diagonally; and



(2)  Shall not include:



(A)  A covered electronic device that is a part
of a motor vehicle or any component part of a motor vehicle assembled by or for
a motor vehicle manufacturer or franchised dealer, including replacement parts
for use in a motor vehicle;



(B)  A covered electronic device that is
functionally or physically required as a part of a larger piece of equipment
designed and intended for use in an industrial, commercial, or medical setting,
including diagnostic, monitoring, or control equipment;



(C)  A covered electronic device that is
contained within a clothes washer, clothes dryer, refrigerator, refrigerator
and freezer, microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier, or air purifier; or



(D)  A telephone of any type.



"Covered entity" means any household,
government entity, business, or nonprofit organization exempt from taxation
under section 501(c)(3) of the United States Internal Revenue Code, regardless
of size or place of operation within the State.



"Covered
television":



(1)  Means any device that is capable of receiving
broadcast, cable, or satellite signals and displaying television or video
programming, including without limitation any direct view or projection
television with a viewable screen of nine inches or larger with display
technology based on cathode ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective display,
light emitting diode, or similar technology marketed and intended for use by a
household;



(2)  Shall not include:



(A)  A computer, computer printer, computer
monitor, or portable computer;



(B)  A television that is a part of a motor
vehicle or any component part of a motor vehicle assembled by or for a vehicle
manufacturer or franchised dealer, including replacement parts for use in a
motor vehicle;



(C)  A television that is functionally or
physically required as a part of a larger piece of equipment designed and
intended for use in an industrial, commercial, or medical setting, including
diagnostic, monitoring, or control equipment;



(D)  A telephone of any type, including a
mobile telephone; or



(E)  A global positioning system.



"Department" means the department of
health.



"Electronic device manufacturer":



(1)  Means any existing person:



(A)  Who manufactures or manufactured covered
electronic devices under a brand that it owns or owned or is or was licensed to
use, other than a license to manufacture covered electronic devices for
delivery exclusively to or at the order of the licensor;



(B)  Who sells or sold covered electronic
devices manufactured by others under a brand that the seller owns or owned or
is or was licensed to use, other than a license to manufacture covered
electronic devices for delivery exclusively to or at the order of the licensor;



(C)  Who manufactures or manufactured covered
electronic devices without affixing a brand;



(D)  Who manufactures or manufactured covered
electronic devices to which it affixes or affixed a brand that it neither owns
or owned nor is or was licensed to use; or



(E)  For whose account covered electronic
devices manufactured outside the United States are or were imported into the
United States; provided that if at the time those covered electronic devices
are or were imported into the United States and another person has registered
as the manufacturer of the brand of the covered electronic devices, this
paragraph shall not apply;



(2)  Shall not include persons who manufacture no more
than one hundred computers per year.



"Household" means any occupant of a
single detached dwelling unit or of a single unit of a multiple dwelling unit
who has used a covered electronic device or covered television at a dwelling
unit primarily for personal or home business use.



"Market share":



(1)  Means the calculation of a television
manufacturer's prior year's sales of televisions divided by all manufacturers'
prior year's sales for all televisions, as determined by the department;



(2)  May be expressed as a percentage, a fraction, or
a decimal fraction.



"New covered electronic device" means
a covered electronic device that is manufactured after the effective date of
this chapter.



"Person" means any individual,
business, partnership, limited liability company, corporation, not-for-profit
organization, association, government entity, public benefit corporation, or
public authority.



"Program year" means a full calendar
year beginning on or after January 1, 2010, and each calendar year thereafter
beginning on January 1.



"Recover" means to reuse or recycle.



"Recycling" means processing
(including disassembling, dismantling, or shredding) covered electronic devices
or covered televisions or their components to recover a useable product;
provided that "recycling" does not include any process defined as
incineration under applicable laws and rules.



"Retailer" means any person who
offers covered electronic devices or covered televisions for sale, other than
for resale by the purchaser, through any means, including sales outlets,
catalogs, or the Internet.



"Sell" or "sale" means any
transfer for consideration of title, including transactions conducted through
sales outlets, catalogs, or the Internet, but excluding leases.



"Television manufacturer" means a
person who:



(1)  Manufactures for sale in the State a covered
television under a brand that it licenses or owns;



(2)  Manufactures for sale in the State covered
televisions without affixing a brand;



(3)  Resells into the State a covered television
manufactured by others under a brand that the seller owns or is licensed to use;



(4)  Imports into the United States or exports from
the United States a covered television for sale in the State;



(5)  Sells at retail a covered television acquired
from an importer described in paragraph (4), and elects to register as the
manufacturer for those products;



(6)  Manufactures covered televisions and supplies
them to any person or persons within a distribution network that includes
wholesalers or retailers in this State; or



(7)  Assumes the responsibilities and obligations of a
television manufacturer under this chapter.



In the event the television manufacturer is one
who manufactures, sells, or resells covered televisions under a brand for which
it has obtained the license, then the licensor or brand owner of the brand
shall not be included in the definition of television manufacturer under
paragraph (1) or (3). [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §8]



 



Note



 



  If a separate plan for the collection, transportation, and
recycling of televisions is not implemented before January 1, 2011, the
definition of "covered electronic device" shall be amended to include
the words "or television" after the words "portable
computer" in paragraph (1).  L Sp 2008, c 13, §3(e).  Further, L 2009, c
183, §16 provides:



  "SECTION 16.  Implementation of this Act [183] by
January 1, 2011, shall be deemed to satisfy the requirement for a separate plan
for the collection, transportation, and recycling of televisions as set forth
in section 3 of Act 13, Special Session Laws of Hawaii 2008."