1.1.................... moves to amend H.F. No. 865, the second engrossment, as follows:
1.2Page 1, delete section 1
1.3Page 6, delete subdivision 13 and insert:
1.4    "Subd. 13. Sales information. Sales information provided to the commissioner
1.5under this section is classified as private or nonpublic data, as specified in section
1.6115A.06, subdivision 13."
1.7Page 14, delete lines 12 to 14 and insert:
1.8    "(3) "primary battery" means a battery weighing two kilograms or less that is not
1.9designed to be electrically recharged, including, but not limited to, alkaline manganese,
1.10carbon zinc, lithium, silver oxide, and zinc air batteries. Nonremovable batteries and
1.11medical devices as defined in the federal Food, Drug, and Cosmetic Act, United States
1.12Code, title 21, section 321(h), as amended, are exempted from this definition."
1.13Page 12, delete subdivision 13 and insert:
1.14    "Subd. 13. Sales information. Sales information provided to the commissioner
1.15under this section is classified as private or nonpublic data, as specified in section
1.16115A.06, subdivision 13."
1.17Page 14, delete lines 29 to 31
1.18Page 14, line 32, delete "(8)" and insert "(7)"
1.19Page 15, line 1, delete "(9)" and insert "(8)"
1.20Page 15, line 4, delete "(10)" and insert "(9)"
1.21Page 15, line 9, delete "reuse and"
1.22Page 15, line 11, delete "and reuse"
1.23Page 15, line 33, delete "all"
1.24Page 15, line 34, before "batteries" insert "primary"
1.25Page 16, lines 4 and 16, before "batteries" insert "primary"
1.26Page 16, line 15, delete "reuse, deconstruct, or"
1.27Page 16, line 26, delete "and reused"
2.1Page 16, line 31, delete "and"
2.2Page 16, line 32, delete the period and insert "; and"
2.3Page 16, after line 32, insert:
2.4    "(v) the market share of the producers participating in the plan."
2.5Page 17, line 29, delete "12" and insert "13"
2.6Page 18, line 4, delete "unwanted" and insert "discarded"
2.7Page 18, line 5, delete "reuse,"
2.8Page 18, line 8, after "audit" insert "of the stewardship organization"
2.9Page 18, delete subdivision 13 and insert:
2.10    "Subd. 13. Sales information. Sales information provided to the commissioner
2.11under this section is classified as private or nonpublic data, as specified in section
2.12115A.06, subdivision 13."
2.13Page 19, after line 11, insert:
2.14    "Subd. 16. Private enforcement. (a) The operator of a statewide product
2.15stewardship program established under subdivision 2 that incurs costs exceeding $5,000
2.16to collect, handle, recycle, or properly dispose of discarded primary batteries sold or
2.17offered for sale in Minnesota by a producer who does not implement its own program
2.18or participate in a program implemented by a stewardship organization, may bring a
2.19civil action or actions to recover costs and fees as specified in paragraph (b) from each
2.20nonimplementing or nonparticipating producer who can reasonably be identified from a
2.21brand or marking on a used consumer battery or from other information.
2.22    (b) An action under paragraph (a) may be brought against one or more primary
2.23battery producers, provided that no such action may be commenced:
2.24    (1) prior to 60 days after written notice of the operator's intention to file suit has been
2.25provided to the agency and the defendant or defendants; or
2.26    (2) if the agency has commenced enforcement actions under subdivision 10 and is
2.27diligently pursuing such actions.
2.28    (c) In any action under paragraph (b), the plaintiff operator may recover from
2.29a defendant nonimplementing or nonparticipating primary battery producer costs the
2.30plaintiff incurred to collect, handle, recycle, or properly dispose of primary batteries
2.31reasonably identified as having originated from the defendant, plus the plaintiff's attorneys'
2.32fees and litigation costs."
2.33Renumber the sections in sequence and correct the internal references
2.34Amend the title accordingly