PART I. DEFINITIONS

 

Note

 

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

 

§339D-1  Definitions.  As used in thischapter:

"Brand" means a symbol, word, or markthat identifies a covered electronic device or a covered television, rather thanany of its components.

"Covered electronic device" [Seenote below.]:

(1)  Means a computer, computer printer, computermonitor, or portable computer with a screen size greater than four inchesmeasured diagonally; and

(2)  Shall not include:

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

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

(C)  A covered electronic device that iscontained within a clothes washer, clothes dryer, refrigerator, refrigeratorand freezer, microwave oven, conventional oven or range, dishwasher, room airconditioner, dehumidifier, or air purifier; or

(D)  A telephone of any type.

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

"Coveredtelevision":

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

(2)  Shall not include:

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

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

(C)  A television that is functionally orphysically required as a part of a larger piece of equipment designed andintended for use in an industrial, commercial, or medical setting, includingdiagnostic, monitoring, or control equipment;

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

(E)  A global positioning system.

"Department" means the department ofhealth.

"Electronic device manufacturer":

(1)  Means any existing person:

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

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

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

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

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

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

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

"Market share":

(1)  Means the calculation of a televisionmanufacturer'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, ora decimal fraction.

"New covered electronic device" meansa covered electronic device that is manufactured after the effective date ofthis chapter.

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

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

"Recover" means to reuse or recycle.

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

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

"Sell" or "sale" means anytransfer for consideration of title, including transactions conducted throughsales outlets, catalogs, or the Internet, but excluding leases.

"Television manufacturer" means aperson who:

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

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

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

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

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

(6)  Manufactures covered televisions and suppliesthem to any person or persons within a distribution network that includeswholesalers or retailers in this State; or

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

In the event the television manufacturer is onewho manufactures, sells, or resells covered televisions under a brand for whichit has obtained the license, then the licensor or brand owner of the brandshall not be included in the definition of television manufacturer underparagraph (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, andrecycling of televisions is not implemented before January 1, 2011, thedefinition of "covered electronic device" shall be amended to includethe words "or television" after the words "portablecomputer" in paragraph (1).  L Sp 2008, c 13, §3(e).  Further, L 2009, c183, §16 provides:

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