1.1.................... moves to amend H.F. No. 1471 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 115A.1310, is amended to read:
1.4115A.1310 DEFINITIONS.
1.5    Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1330, the
1.6following terms have the meanings given.
1.7    Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum
1.8tube or picture tube used to convert an electronic signal into a visual image.
1.9    Subd. 3. Collection. "Collection" means the aggregation of covered eligible
1.10electronic devices from households and includes all the activities up to the time the
1.11covered eligible electronic devices are delivered to a recycler.
1.12    Subd. 4. Collector. "Collector" means a public or private entity that receives
1.13covered eligible electronic devices from households and arranges for the delivery of
1.14the devices to a recycler.
1.15    Subd. 5. Computer. "Computer" means an electronic, magnetic, optical,
1.16electrochemical, or other high-speed data processing device performing logical, arithmetic,
1.17or storage functions, but does not include an automated typewriter or typesetter, a portable
1.18handheld calculator or device, or other similar device.
1.19    Subd. 6. Computer monitor. "Computer monitor" means an electronic device that
1.20is a cathode-ray tube or flat panel display primarily intended to display information from a
1.21central processing unit or the Internet. Computer monitor includes a laptop computer.
1.22    Subd. 7. Covered electronic device. "Covered electronic device" means computers,
1.23peripherals, facsimile machines printers, digital video recorders (DVRs), DVD players,
1.24video cassette recorders, and video display devices that are sold to a household by means
1.25of retail, wholesale, or electronic commerce.
1.26    Subd. 8. Department. "Department" means the Department of Revenue.
2.1    Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02,
2.2subdivision 21a.
2.3    Subd. 9a. Eligible electronic device. "Eligible electronic device" means covered
2.4electronic devices, peripherals, facsimile machines, and video cassette recorders.
2.5    Subd. 10. Household. "Household" means an occupant of a single detached
2.6dwelling unit or a single unit of a multiple dwelling unit located in this state who has used
2.7a video display covered electronic device at a dwelling unit primarily for personal use.
2.8    Subd. 11. Manufacturer. "Manufacturer" means a person who:
2.9    (1) manufactures video display covered electronic devices to be sold under its own
2.10brand as identified by its own brand label; or
2.11    (2) sells video display covered electronic devices manufactured by others under its
2.12own brand as identified by its own brand label.
2.13    Subd. 12. Peripheral. "Peripheral" means a keyboard, printer mouse, external hard
2.14drive, modems, speakers, or any other device sold exclusively for external use with a
2.15computer that provides input or output into or from a computer.
2.16    Subd. 12a. Printer. "Printer" means a desktop printer or a device that prints and
2.17may have other functions, including copying, scanning, or sending facsimiles, and that
2.18is designed to be placed on a work surface that is marketed by the manufacturer for use
2.19by households.
2.20    Subd. 13. Program year. "Program year" means the period from July 1 through
2.21June 30.
2.22    Subd. 14. Recycler. "Recycler" means a public or private individual or entity
2.23who accepts covered eligible electronic devices from households and collectors for the
2.24purpose of recycling. A manufacturer who takes products for refurbishment or repair is
2.25not a recycler.
2.26    Subd. 15. Recycling. "Recycling" means the process of collecting and preparing
2.27video display devices or covered electronic eligible electronics devices for use in
2.28manufacturing processes or for recovery of usable materials followed by delivery of such
2.29materials for use. Recycling does not include the destruction by incineration or other
2.30process or land disposal of recyclable materials nor reuse, repair, or any other process
2.31through which video display devices or covered eligible electronic devices are returned to
2.32use for households in their original form.
2.33    Subd. 16. Recycling credits. "Recycling credits" means the number of pounds of
2.34covered eligible electronic devices recycled by a manufacturer from households during
2.35a program year, less the product of the number of pounds of video display covered
2.36electronic devices sold to households during the same program year, multiplied by the
3.1proportion of sales a manufacturer is required to recycle. The calculation and uses of
3.2recycling credits are as specified in section 115A.1314, subdivision 1.
3.3    Subd. 17. Retailer. "Retailer" means a person who sells, rents, or leases, through
3.4sales outlets, catalogs, or the Internet, a video display covered electronic device to a
3.5household and not for resale in any form.
3.6    Subd. 18. Sell or sale. "Sell" or "sale" means any transfer for consideration of title
3.7or of the right to use, by lease or sales contract, including, but not limited to, transactions
3.8conducted through sales outlets, catalogs, or the Internet, or any other similar electronic
3.9means either inside or outside of the state, by a person who conducts the transaction and
3.10controls the delivery of a video display covered electronic device to a consumer in the
3.11state, but does not include a manufacturer's or distributor's wholesale transaction with a
3.12distributor or a retailer.
3.13    Subd. 19. Television. "Television" means an electronic device that is a cathode-ray
3.14tube or flat panel display primarily intended to receive video programming via broadcast,
3.15cable, or satellite transmission or video from surveillance or other similar cameras.
3.16    Subd. 20. Video display device. "Video display device" means a television or
3.17computer monitor, including a laptop computer, that contains a cathode-ray tube or a flat
3.18panel screen with a screen size that is greater than nine seven inches or greater measured
3.19diagonally and that is marketed by manufacturers for use by households. Video display
3.20device does not include any of the following:
3.21    (1) a video display device that is part of a motor vehicle or any component part of a
3.22motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
3.23replacement parts for use in a motor vehicle;
3.24    (2) a video display device, including a touch-screen display, that is functionally or
3.25physically part of a larger piece of equipment or is designed and intended for use in an
3.26industrial; commercial, including retail; library checkout; traffic control; kiosk; security,
3.27other than household security; border control; or medical setting, including diagnostic,
3.28monitoring, or control equipment;
3.29    (3) a video display device that is contained within a clothes washer, clothes dryer,
3.30refrigerator, refrigerator and freezer, microwave oven, conventional oven or range,
3.31dishwasher, room air conditioner, dehumidifier, or air purifier; or
3.32    (4) a telephone of any type unless it contains a video display area greater than nine
3.33seven inches or greater measured diagonally.

3.34    Sec. 2. Minnesota Statutes 2010, section 115A.1312, is amended to read:
3.35115A.1312 REGISTRATION PROGRAM.
4.1    Subdivision 1. Requirements for sale. (a) On or after September 1, 2007, a
4.2manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new
4.3video display covered electronic device unless:
4.4    (1) the video display covered electronic device is labeled with the manufacturer's
4.5brand, which label is permanently affixed and readily visible; and
4.6    (2) the manufacturer has filed a registration with the agency, as specified in
4.7subdivision 2.
4.8    (b) On or after February 1, 2008, a retailer who sells or offers for sale a new video
4.9display covered electronic device to a household must, before the initial offer for sale,
4.10review the agency Web site specified in subdivision 2, paragraph (g), to determine that
4.11all new video displaycovered electronic devices that the retailer is offering for sale are
4.12labeled with the manufacturer's brands that are registered with the agency.
4.13    (c) A retailer is not responsible for an unlawful sale under this subdivision if the
4.14manufacturer's registration expired or was revoked and the retailer took possession of
4.15the video display covered electronic device prior to the expiration or revocation of the
4.16manufacturer's registration and the unlawful sale occurred within six months after the
4.17expiration or revocation.
4.18    Subd. 2. Manufacturer's registration. (a) A manufacturer of video display covered
4.19electronic devices sold or offered for sale to households after September 1, 2007, must
4.20submit a registration to the agency that includes:
4.21    (1) a list of the manufacturer's brands of video display covered electronic devices
4.22offered for sale in this state;
4.23    (2) the name, address, and contact information of a person responsible for ensuring
4.24compliance with this chapter; and
4.25    (3) a certification that the manufacturer has complied and will continue to comply
4.26with the requirements of sections 115A.1312 to 115A.1318.
4.27    (b) By September 1, 2008, and each year thereafter, a manufacturer of video display
4.28covered electronic devices sold or offered for sale to a household must include in the
4.29registration submitted under paragraph (a), a statement disclosing whether:
4.30    (1) any video display covered electronic devices sold to households exceed the
4.31maximum concentration values established for lead, mercury, cadmium, hexavalent
4.32chromium, polybrominated biphenyls (PBB's), and polybrominated diphenyl ethers
4.33(PBDE's) under the RoHS (restricting the use of certain hazardous substances in electrical
4.34and electronic equipment) Directive 2002/95/EC of the European Parliament and Council
4.35and any amendments thereto; or
5.1    (2) the manufacturer has received an exemption from one or more of those maximum
5.2concentration values under the RoHS Directive that has been approved and published by
5.3the European Commission.
5.4    (c) A manufacturer who begins to sell or offer for sale video display covered
5.5electronic devices to households after September 1, 2007, and has not filed a registration
5.6under this subdivision must submit a registration to the agency within ten days of
5.7beginning to sell or offer for sale video display covered electronic devices to households.
5.8    (d) A registration must be updated within ten days after a change in the
5.9manufacturer's brands of video display covered electronic devices sold or offered for
5.10sale to households.
5.11    (e) A registration is effective upon receipt by the agency and is valid until September
5.121 of each year.
5.13    (f) The agency must review each registration and notify the manufacturer of any
5.14information required by this section that is omitted from the registration. Within 30 days
5.15of receipt of a notification from the agency, the manufacturer must submit a revised
5.16registration providing the information noted by the agency.
5.17    (g) The agency must maintain on its Web site the names of manufacturers and the
5.18manufacturers' brands listed in registrations filed with the agency. The agency must
5.19update the Web site information promptly upon receipt of a new or updated registration.
5.20The Web site must contain prominent language stating, in effect, that sections 115A.1310
5.21to 115A.1330 are directed at household equipment and the manufacturers' brands list is,
5.22therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other
5.23markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330.
5.24    Subd. 3. Collector's registration. After August 1, 2007, no person may operate
5.25as a collector of covered eligible electronic devices from households unless that person
5.26has submitted a registration with the agency on a form prescribed by the commissioner.
5.27Registration information must include the name, address, telephone number, and location
5.28of the business and a certification that the collector has complied and will continue to
5.29comply with the requirements of sections 115A.1312 to 115A.1318. A registration is
5.30effective upon receipt by the agency and is valid until July 1 of each year.
5.31    Subd. 4. Recycler's registration. After August 1, 2007, no person may recycle
5.32video display eligible electronic devices generated by households unless that person
5.33has submitted a registration with the agency on a form prescribed by the commissioner.
5.34Registration information must include the name, address, telephone number, and location
5.35of all recycling facilities under the direct control of the recycler that may receive video
5.36display eligible electronic devices from households and a certification that the recycler
6.1has complied and will continue to comply with the requirements of sections 115A.1312
6.2to 115A.1318. A registered recycler may conduct recycling activities that are consistent
6.3with this chapter. A registration is effective upon receipt by the agency and is valid until
6.4July 1 of each year.

6.5    Sec. 3. Minnesota Statutes 2010, section 115A.1314, subdivision 1, is amended to read:
6.6    Subdivision 1. Registration fee. (a) Each manufacturer who registers under section
6.7115A.1312 must, by September 1, 2007, and each year thereafter, pay to the commissioner
6.8of revenue an annual registration fee. The commissioner of revenue must deposit the fee
6.9in the account established in subdivision 2.
6.10    (b) The registration fee for the initial program year during which a manufacturer's
6.11video display covered electronic devices are sold to households is $5,000. Each year
6.12thereafter, the registration fee is equal to a base fee of $2,500, plus a variable recycling
6.13fee calculated according to the formula:
6.14    ((A x B) - (C + D)) x E, where:
6.15    (1) A = the number of pounds of a manufacturer's video display covered electronic
6.16devices sold to households during the previous program year, as reported to the department
6.17under section 115A.1316, subdivision 1;
6.18    (2) B = the proportion of sales of video display covered electronic devices required
6.19to be recycled, set at 0.6 for the first program year and 0.8 for the second program year
6.20and every year thereafter;
6.21    (3) C = the number of pounds of covered eligible electronic devices recycled by
6.22a manufacturer from households during the previous program year, as reported to the
6.23department under section 115A.1316, subdivision 1;
6.24    (4) D = the number of recycling credits a manufacturer elects to use to calculate the
6.25variable recycling fee, as reported to the department under section 115A.1316, subdivision
6.261; and
6.27    (5) E = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
6.28manufacturers who recycle less than 50 percent of the product (A x B); $0.40 per pound
6.29for manufacturers who recycle at least 50 percent but less than 90 percent of the product
6.30(A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less
6.31than 100 percent of the product (A x B).
6.32    (c) If, as specified in paragraph (b), the term C - (A x B) equals a positive number of
6.33pounds, that amount is defined as the manufacturer's recycling credits. A manufacturer
6.34may retain recycling credits to be added, in whole or in part, to the actual value of C, as
6.35reported under section 115A.1316, subdivision 2, during for any of the three succeeding
7.1program year years, provided that no more than 25 20 percent of a manufacturer's
7.2obligation (A x B) for any program year may be met with recycling credits generated in a
7.3prior program year. A manufacturer may sell any portion or all of its recycling credits
7.4to another manufacturer, at a price negotiated by the parties, who may use the credits
7.5in the same manner.
7.6    (d) For the purpose of calculating a manufacturer's variable recycling fee under
7.7paragraph (b), the weight of covered eligible electronic devices collected from households
7.8located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph
7.9(c), is calculated at 1.5 times their actual weight.
7.10    (e) The registration fee for the initial program year and the base registration fee
7.11thereafter for a manufacturer who produces fewer than 100 video display covered
7.12electronic devices for sale annually to households is $1,250.

7.13    Sec. 4. Minnesota Statutes 2010, section 115A.1316, is amended to read:
7.14115A.1316 REPORTING REQUIREMENTS.
7.15    Subdivision 1. Manufacturer's reporting requirements. (a) By September 1 of
7.16each year, beginning in 2008, each manufacturer must report to the department:
7.17    (1) the total weight of each specific model of its video display covered electronic
7.18devices sold to households during the previous program year;
7.19    (2) the total weight of its video display covered electronic devices sold to households
7.20during the previous program year; or
7.21    (3) an estimate of the total weight of its video display covered electronic devices
7.22sold to households during the previous program year, calculated by multiplying the weight
7.23of its video display covered electronic devices sold nationally times the quotient of
7.24Minnesota's population divided by the national population.
7.25    A manufacturer must submit with the report required under this paragraph a
7.26description of how the information or estimate was calculated.
7.27    (b) By September 1 of each year, beginning in 2008, each manufacturer must report
7.28to the department the total weight of covered eligible electronic devices the manufacturer
7.29collected from households and recycled or arranged to have collected and recycled during
7.30the preceding program year. If a manufacturer wishes to receive the variable recycling
7.31rate of 1.5 for covered eligible electronic devices it recycles, the manufacturer must
7.32report separately the total weight of covered eligible electronic devices collected from
7.33households located in counties specified in section 115A.1314, subdivision 1, paragraph
7.34(d), and those collected from households located outside those counties.
8.1    (c) By September 1 of each year, beginning in 2008, each manufacturer must report
8.2to the department:
8.3    (1) the number of recycling credits the manufacturer has purchased and sold during
8.4the preceding program year;
8.5    (2) the number of recycling credits possessed by the manufacturer that the
8.6manufacturer elects to use in the calculation of its variable recycling fee under section
8.7115A.1314, subdivision 1 ; and
8.8    (3) the number of recycling credits the manufacturer retains at the beginning of
8.9the current program year.
8.10    Subd. 2. Recycler's reporting requirements. By August 1 of each year, beginning
8.11in 2008, a recycler of covered eligible electronic devices must report to the agency and
8.12the department the total weight of covered eligible electronic devices recycled during the
8.13preceding program year and must certify that the recycler has complied with section
8.14115A.1318 , subdivision 2.
8.15    Subd. 3. Collector's reporting requirements. By August 1 of each year, beginning
8.16in 2008, a collector must report separately to the agency the total pounds of covered
8.17eligible electronic devices collected in the counties specified in section 115A.1314,
8.18subdivision 1, paragraph (d), and all other Minnesota counties, and a list of all recyclers
8.19to whom collectors delivered covered electronic devices.

8.20    Sec. 5. Minnesota Statutes 2010, section 115A.1318, is amended to read:
8.21115A.1318 RESPONSIBILITIES.
8.22    Subdivision 1. Manufacturer's responsibilities. (a) In addition to fulfilling the
8.23requirements of sections 115A.1310 to 115A.1330, a manufacturer must comply with
8.24paragraphs (b) to (e).
8.25    (b) A manufacturer must annually recycle or arrange for the collection and recycling
8.26of an amount of covered eligible electronic devices equal to the total weight of its video
8.27display covered electronic devices sold to households during the preceding previous
8.28program year, multiplied by the proportion of sales of video display covered electronic
8.29devices required to be recycled, as established by the agency under section 115A.1320,
8.30subdivision 1 , paragraph (c).
8.31    (c) The obligations of a manufacturer apply only to video eligible electronic display
8.32devices received from households and do not apply to video display eligible electronic
8.33devices received from sources other than households.
8.34    (d) A manufacturer must conduct and document due diligence assessments of
8.35collectors and recyclers it contracts with, including an assessment of items specified
9.1under subdivision 2. A manufacturer is responsible for maintaining, for a period of three
9.2years, documentation that all video display eligible electronic devices recycled, partially
9.3recycled, or sent to downstream recycling operations comply with the requirements of
9.4subdivision 2.
9.5    (e) A manufacturer must provide the agency with contact information for a person
9.6who can be contacted regarding the manufacturer's activities under sections 115A.1310
9.7to 115A.1320.
9.8    Subd. 2. Recycler's responsibilities. (a) As part of the report submitted under
9.9section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph
9.10(b), that facilities that recycle video display eligible electronic devices, including all
9.11downstream recycling operations:
9.12    (1) comply with all applicable health, environmental, safety, and financial
9.13responsibility regulations;
9.14    (2) are licensed by all applicable governmental authorities;
9.15    (3) use no prison labor to recycle video display devices; and
9.16    (4) possess liability insurance of not less than $1,000,000 for environmental releases,
9.17accidents, and other emergencies.
9.18    (b) A nonprofit corporation that contracts with a correctional institution to refurbish
9.19and reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).
9.20    (c) Except to the extent otherwise required by law, a recycler has no responsibility
9.21for any data that may be contained in a covered electronic device if an information storage
9.22device is included in the covered electronic device.
9.23    Subd. 3. Retailer's responsibilities. A retailer who sells new video display covered
9.24electronic devices shall provide information to households describing where and how they
9.25may recycle video display covered electronic devices and advising them of opportunities
9.26and locations for the convenient collection of video display covered electronic devices
9.27for the purpose of recycling. This requirement may be met by providing to households
9.28the agency's toll-free number and Web site address. Retailers selling through catalogs
9.29or the Internet may meet this requirement by including the information in a prominent
9.30location on the retailer's Web site.

9.31    Sec. 6. Minnesota Statutes 2010, section 115A.1320, is amended to read:
9.32115A.1320 AGENCY AND DEPARTMENT DUTIES.
9.33    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
9.34115A.1310 to 115A.1330.
9.35    (b) The agency shall establish procedures for:
10.1    (1) receipt and maintenance of the registration statements and certifications filed
10.2with the agency under section 115A.1312; and
10.3    (2) making the statements and certifications easily available to manufacturers,
10.4retailers, and members of the public.
10.5    (c) The agency shall annually review the value of the following variables that are
10.6part of the formula used to calculate a manufacturer's annual registration fee under section
10.7115A.1314, subdivision 1 :
10.8    (1) the proportion of sales of video display covered electronic devices sold to
10.9households that manufacturers are required to recycle;
10.10    (2) the estimated per-pound price of recycling covered eligible electronic devices
10.11sold to households;
10.12    (3) the base registration fee; and
10.13    (4) the multiplier established for the weight of covered eligible electronic devices
10.14collected in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that
10.15any of these values must be changed in order to improve the efficiency or effectiveness
10.16of the activities regulated under sections 115A.1312 to 115A.1330 or if the revenues in
10.17the account exceed the amount that the agency determines is necessary, the agency shall
10.18submit recommended changes and the reasons for them to the chairs of the senate and
10.19house of representatives committees with jurisdiction over solid waste policy.
10.20    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
10.21sales of video display covered electronic devices sold to households by each manufacturer
10.22during the preceding program year, based on national sales data, and forward the estimates
10.23to the department.
10.24    (e) The agency shall manage the account established in section 115A.1314,
10.25subdivision 2. If the revenues in the account exceed the amount that the agency determines
10.26is necessary for efficient and effective administration of the program, including any
10.27amount for contingencies, the agency must recommend to the legislature that the base
10.28registration fee, the proportion of sales of video display covered electronic devices
10.29required to be recycled, or the estimated per pound cost of recycling established under
10.30section 115A.1314, subdivision 1, paragraph (b), or any combination thereof, be lowered
10.31in order to reduce revenues collected in the subsequent program year by the estimated
10.32amount of the excess.
10.33    (f) On or before December 1, 2010, and each year thereafter, the agency shall provide
10.34a report to the governor and the legislature on the implementation of sections 115A.1310
10.35to 115A.1330. For each program year, the report must discuss the total weight of covered
10.36eligible electronic devices recycled and a summary of information in the reports submitted
11.1by manufacturers and recyclers under section 115A.1316. The report must also discuss the
11.2various collection programs used by manufacturers to collect covered eligible electronic
11.3devices; information regarding covered eligible electronic devices that are being collected
11.4by persons other than registered manufacturers, collectors, and recyclers; and information
11.5about covered eligible electronic devices, if any, being disposed of in landfills in this state.
11.6The report must include a description of enforcement actions under sections 115A.1310
11.7to 115A.1330. The agency may include in its report other information received by the
11.8agency regarding the implementation of sections 115A.1312 to 115A.1330.
11.9    (g) The agency shall promote public participation in the activities regulated under
11.10sections 115A.1312 to 115A.1330 through public education and outreach efforts.
11.11    (h) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
11.12provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
11.13provisions enforced by the department, as provided in subdivision 2. The agency may
11.14revoke a registration of a collector or recycler found to have violated sections 115A.1310
11.15to 115A.1330.
11.16    (i) The agency shall facilitate communication between counties, collection and
11.17recycling centers, and manufacturers to ensure that manufacturers are aware of video
11.18display covered electronic devices available for recycling.
11.19    (j) The agency shall develop a form retailers must use to report information to
11.20manufacturers under section 115A.1318 and post it on the agency's Web site.
11.21    (k) The agency shall post on its Web site the contact information provided by each
11.22manufacturer under section 115A.1318, paragraph (e).
11.23    Subd. 2. Duties of the department. (a) The department must collect the data
11.24submitted to it annually by each manufacturer on the total weight of each specific model
11.25of video display covered electronic device sold to households, if provided; the total
11.26weight of video display covered electronic devices sold to households; the total weight
11.27of covered eligible electronic devices collected from households that are recycled; and
11.28data on recycling credits, as required under section 115A.1316. The department must
11.29use this data to review each manufacturer's annual registration fee submitted to the
11.30department to ensure that the fee was calculated accurately according to the formula in
11.31section 115A.1314, subdivision 1.
11.32    (b) The department must estimate, for each registered manufacturer, the sales of
11.33video display covered electronic devices to households during the previous program
11.34year, based on:
12.1    (1) data provided by a manufacturer on sales of video display covered electronic
12.2devices to households, including documentation describing how that amount was
12.3calculated and certification that the amount is accurate; or
12.4    (2) if a manufacturer does not provide the data specified in clause (1), national data
12.5on sales of video display covered electronic devices.
12.6The department must use the data specified in this subdivision to review each
12.7manufacturer's annual registration fee submitted to the department to ensure that the fee
12.8was calculated accurately according to the formula in section 115A.1314, subdivision 1.
12.9    (c) The department must enforce section 115A.1314, subdivision 1. The audit,
12.10assessment, appeal, collection, enforcement, disclosure, and other administrative
12.11provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under
12.12chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To
12.13enforce this subdivision, the commissioner of revenue may grant extensions to pay,
12.14and impose and abate penalties and interest on, the fee due under section 115A.1314,
12.15subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a
12.16tax imposed under chapter 297A.
12.17    (d) The department may disclose nonpublic data to the agency only when necessary
12.18for the efficient and effective administration of the activities regulated under sections
12.19115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the
12.20classification it had when in the possession of the department.

12.21    Sec. 7. Minnesota Statutes 2010, section 115A.1322, is amended to read:
12.22115A.1322 OTHER RECYCLING PROGRAMS.
12.23    A city, county, or other public agency may not require households to use public
12.24facilities to recycle their covered eligible electronic devices to the exclusion of other
12.25lawful programs available. Cities, counties, and other public agencies, including those
12.26awarded contracts by the agency under section 115A.1314, subdivision 2, are encouraged
12.27to work with manufacturers to assist them in meeting their recycling obligations under
12.28section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits
12.29or restricts the operation of any program recycling covered electronic devices in addition
12.30to those provided by manufacturers or prohibits or restricts any persons from receiving,
12.31collecting, transporting, or recycling covered electronic devices, provided that those
12.32persons are registered under section 115A.1312.

12.33    Sec. 8. Minnesota Statutes 2010, section 115A.1324, is amended to read:
12.34115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.
13.1    (a) The Department of Administration must ensure that acquisitions of video display
13.2covered electronic devices under chapter 16C are in compliance with or not subject to
13.3sections 115A.1310 to 115A.1318.
13.4    (b) The solicitation documents must specify that the prospective responder is
13.5required to cooperate fully in providing reasonable access to its records and documents
13.6that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.
13.7    (c) Any person awarded a contract under chapter 16C for purchase or lease of video
13.8display devices that is found to be in violation of paragraph (a) or sections 115A.1310 to
13.9115A.1318 is subject to the following sanctions:
13.10    (1) the contract must be voided if the commissioner of administration determines
13.11that the potential adverse impact to the state is exceeded by the benefit obtained from
13.12voiding the contract;
13.13    (2) the contractor is subject to suspension and disbarment under Minnesota Rules,
13.14part 1230.1150; and
13.15    (3) if the attorney general establishes that any money, property, or benefit was
13.16obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to
13.17115A.1318 , the court may, in addition to any other remedy, order the disgorgement of the
13.18unlawfully obtained money, property, or benefit.

13.19    Sec. 9. Minnesota Statutes 2010, section 115A.1326, is amended to read:
13.20115A.1326 REGULATION OF VIDEO DISPLAY DEVICES.
13.21    If the United States Environmental Protection Agency adopts regulations under the
13.22Resource Conservation and Recovery Act regarding the handling, storage, or treatment of
13.23any type of video display eligible electronic device being recycled, those regulations are
13.24automatically effective in this state on the same date and supersede any rules previously
13.25adopted by the agency regarding the handling, storage, or treatment of all video display
13.26eligible electronic devices being recycled.

13.27    Sec. 10. Minnesota Statutes 2010, section 115A.1330, is amended to read:
13.28115A.1330 LIMITATIONS.
13.29    Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal
13.30laws, take effect that is applicable to all video display covered electronic devices sold in
13.31the United States and establish a program for the collection and recycling or reuse of
13.32video display covered electronic devices that is applicable to all video display covered
13.33electronic devices discarded by households."
13.34Amend the title accordingly