Chapter 302
AN ACT
HB 2626
Relating to recycling of electronic devices;
creating new provisions; amending ORS 459.247 and 459.995; appropriating money;
and declaring an emergency.
Be It Enacted by the People of
the State of
FINDINGS
SECTION 1. The Legislative Assembly finds that:
(1) It is necessary to
encourage the design of electronic devices that are more resource-efficient,
more recyclable and less environmentally toxic;
(2) The development and
availability of a statewide system that conveniently serves both urban and
rural areas of
(3) A statewide
collection, transportation and recycling system should be financed by the
manufacturers of those electronic devices.
DEFINITIONS
SECTION 2. As used in sections 2 to 13 of this 2007
Act:
(1) “Brand” means a
name, symbols, words or marks that identify a covered electronic device, rather
than any of its components, and attribute the device to the owner of the brand
as the manufacturer.
(2) “Collector” means an
entity that collects covered electronic devices as part of a manufacturer
program or the state contractor program.
(3)(a) “Covered
electronic device” means:
(A) A computer monitor
of any type having a viewable area greater than four inches measured
diagonally;
(B) A desktop computer
or portable computer; or
(C) A television of any
type having a viewable area greater than four inches measured diagonally.
(b) “Covered electronic
device” does not include:
(A) Any part of a motor
vehicle;
(B) Any part of a larger
piece of equipment designed and intended for use in an industrial, commercial
or medical setting, such as diagnostic, monitoring or control equipment;
(C) Telephones or
personal digital assistants of any type unless the telephone or personal
digital assistant contains a viewable area greater than four inches measured
diagonally; or
(D) Any part of a
clothes washer, clothes dryer, refrigerator, freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner, dehumidifier or
air purifier.
(4) “Covered entity”
means any Oregon household, a business that employs 10 or fewer individuals, a
not-for-profit organization exempt from taxation under section 501(c)(3) of the
Internal Revenue Code that employs 10 or fewer individuals, or any person
giving seven or fewer covered electronic devices to a collector at any one
time.
(5) “Environmentally
sound management practices” means practices that comply with all applicable
laws, including but not limited to adequate record keeping, tracking the fate
of recycled materials, performance audits and inspections, provisions for reuse
and refurbishment, compliance with worker health and safety requirements,
maintaining liability insurance and financial assurances and practices that may
be adopted by rule by the Environmental Quality Commission.
(6)(a) “Manufacturer”
means any person, irrespective of the selling technique used, including by means
of remote sale:
(A) That manufactures
covered electronic devices under a brand that it owns or is licensed to use;
(B) That sells covered
electronic devices manufactured by others under a brand that the seller owns;
(C) That manufactures
covered electronic devices without affixing a brand;
(D) That manufactures
covered electronic devices to which it affixes a brand that it does not own; or
(E) On whose account
covered electronic devices manufactured outside the
(b) “Manufacturer” does
not include a person with a license to manufacture covered electronic devices
for delivery exclusively to or at the order of the licenser.
(7) “Manufacturer
program” means a statewide plan for collecting, transporting and recycling
covered electronic devices that is provided by a single manufacturer or group
of manufacturers pursuant to section 5 of this 2007 Act.
(8) “Orphan device”
means a covered electronic device for which no manufacturer can be identified.
(9) “Person” means the
(10) “Portable computer”
means any of the following that has a viewable area greater than four inches
measured diagonally and that can be carried as one unit by an individual:
(a) A laptop computer;
(b) A notebook computer;
or
(c) A notepad computer.
(11) “Premium service”
means services such as at-location system upgrade services and at-home pickup
services, including curbside pickup service.
(12)(a) “Recycling”
means:
(A) Processing through
disassembling, dismantling, shredding, transforming or remanufacturing covered
electronic devices, components and by-products into usable or marketable raw
materials or products in a manner such that the original products may lose
their identity; or
(B) Smelting materials
from components removed from covered electronic devices to recover metals for
reuse in conformance with applicable laws and rules.
(b) “Recycling” does not
include:
(A) Landfill disposal or
incineration of covered electronic devices; or
(B) Energy recovery or
energy generation by means of combusting covered electronic devices, components
and by-products with or without other waste.
(13) “Retailer” means a
person that offers new covered electronic devices for sale at retail through
any means, including but not limited to remote offerings such as sales outlets,
catalogs or the Internet.
(14) “Return share”
means the minimum percentage of covered electronic devices that an individual
manufacturer is responsible for collecting, transporting and recycling.
(15) “Return share by
weight” means the minimum total weight of covered electronic devices that an
individual manufacturer is responsible for collecting, transporting and
recycling.
(16)(a) “Sell” or “sale”
means any transfer of title for consideration, including but not limited to
remote sales conducted through sales outlets, catalogs or the Internet, or any
other similar electronic means.
(b) “Sell” or “sale”
does not include leases.
(17) “State contractor
program” means a statewide program for collecting, transporting and recycling
covered electronic devices that is provided by the Department of Environmental
Quality for manufacturers who pay a recycling fee to the department pursuant to
section 7 of this 2007 Act.
MANUFACTURERS
SECTION 3. (1) Sections 2 to 13 of this 2007 Act apply
to all manufacturers engaging in the activities set forth in section 2 (6) of
this 2007 Act before, on or after the effective date of this 2007 Act.
(2) Sections 2 to 13 of
this 2007 Act do not apply to reused or refurbished covered electronic devices.
(3) A manufacturer may
not sell or offer for sale any covered electronic device in or for delivery in
this state unless:
(a) The covered
electronic device is labeled with a brand and the label is permanently affixed
and readily visible; and
(b) The brand is
included in the plan that is filed with the Department of Environmental Quality
pursuant to section 5 of this 2007 Act.
SECTION 4. (1) Before January 1 of each year, a
manufacturer of covered electronic devices sold or offered for sale in this
state shall register with the Department of Environmental Quality, for a period
to cover the upcoming calendar year, on a form provided by the department. The
registration shall include:
(a) A list of all the
brands manufactured, sold or imported by the manufacturer, including those
brands being offered for sale in this state by the manufacturer.
(b) A statement of
whether the manufacturer will be implementing a manufacturer program or
utilizing the state contractor program for recycling covered electronic
devices.
(c) Any other
information required by the department to implement sections 2 to 13 of this
2007 Act.
(2)(a) Not later than
July 1 of each year, a manufacturer of covered electronic devices sold or
offered for sale in this state shall pay an annual registration fee to the
department.
(b) For calendar years
2008 through 2011, the manufacturer registration fee shall be:
(A) $15,000 for
manufacturers selling more than one percent of the total number of units of
covered electronic devices sold in this state the previous calendar year.
(B) $5,000 for
manufacturers selling at least 0.1 percent but not more than one percent of the
total number of units of covered electronic devices sold in this state the
previous calendar year.
(C) $200 for manufacturers selling at least 0.01 percent but less
than 0.1 percent of the total number of units of covered electronic devices
sold in this state the previous calendar year.
(D) $40 for
manufacturers selling less than 0.01 percent of the total number of units of
covered electronic devices sold in this state the previous calendar year.
(c) For calendar years
2012 and beyond, the Environmental Quality Commission may modify the
registration fees under this section so that the total of registration fees
collected approximately matches the department’s costs in implementing sections
2 to 13 of this 2007 Act, excluding costs incurred under section 10 (4) of this
2007 Act.
(3)(a) If a manufacturer
ceases to manufacture, sell or import covered electronic devices and covered
electronic devices manufactured, sold or imported by the manufacturer are
collected for recycling under a manufacturer program or the state contractor
program, the manufacturer shall register with the department and pay a
registration fee of $250.
(b) Any manufacturer
described in paragraph (a) of this subsection to which the department provides
notification of a return share and return share by weight and that has not
previously filed a registration shall, within 30 days of receiving the
notification, file a registration with the department and pay to the department
a registration fee of $250.
SECTION 5. (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan to the Department of Environmental
Quality at the time of payment of the annual registration fee required under
section 4 of this 2007 Act.
(2) The manufacturer’s
plan must describe how the manufacturer will:
(a) Finance, manage and
conduct a statewide program to collect covered electronic devices from covered
entities in this state.
(b)
Provide for environmentally sound management practices to collect, transport
and recycle covered electronic devices.
(c) Provide for
advertising and promotion of collection opportunities statewide and on a
regular basis.
(d) Include convenient
service in every county in this state and at least one collection site for any
city with a population of at least 10,000. A collection site for a county may
be the same as a collection site for a city in the county. Collection sites
shall be staffed and open to the public at a frequency adequate to meet the
needs of the area being served. A program may provide collection service
jointly with another program.
(3) A manufacturer
choosing to implement a manufacturer program shall:
(a) Meet or exceed the
requirements for collection sites described in subsection (2) of this section.
(b) Provide for collection,
transportation and recycling of covered electronic devices for covered entities
free of charge, except that a manufacturer that provides premium service for a
covered entity may charge for the additional cost of that premium service.
(c) Implement the plan
required under this section.
(4) A group of
manufacturers may choose to implement a manufacturer program as one entity, if
in doing so the manufacturers meet the sum of their individual return shares by
weight under section 10 (3) of this 2007 Act and that sum is at least five
percent.
(5) By July 1 of each
year, a manufacturer that does not meet its return share by weight for the
previous calendar year shall pay the department for the amount not achieved at
a rate determined by the department to be equivalent to the amount the
manufacturer would have paid, plus 10 percent, to be part of the state
contractor program under section 10 of this 2007 Act.
(6) A manufacturer
participating in the state contractor program under section 10 of this 2007 Act
shall notify the department at the time of its registration each year.
(7) Except as provided
in subsection (4) of this section, a manufacturer with less than a five percent
return share is required to participate in the state contractor program under
section 10 of this 2007 Act.
SECTION 6. Section 5 of this 2007 Act is amended to read:
Sec.
5. (1) A manufacturer choosing to implement a manufacturer program
shall submit a plan to the Department of Environmental Quality at the time of
payment of the annual registration fee required under section 4 of this 2007
Act.
(2) The manufacturer’s
plan must describe how the manufacturer will:
(a) Finance, manage and
conduct a statewide program to collect covered electronic devices from covered
entities in this state.
(b)
Provide for environmentally sound management practices to collect, transport
and recycle covered electronic devices.
(c) Provide for
advertising and promotion of collection opportunities statewide and on a
regular basis.
(d) Include convenient
service in every county in this state and at least one collection site for any
city with a population of at least 10,000. A collection site for a county may
be the same as a collection site for a city in the county. Collection sites
shall be staffed and open to the public at a frequency adequate to meet the
needs of the area being served. A program may provide collection service
jointly with another program.
(3) A manufacturer
choosing to implement a manufacturer program shall:
(a) Meet or exceed the
requirements for collection sites described in subsection (2) of this section.
(b) Provide for
collection, transportation and recycling of covered electronic devices for
covered entities free of charge, except that a manufacturer that provides
premium service for a covered entity may charge for the additional cost of that
premium service.
(c) Implement the plan
required under this section.
(d) Conduct a
statistically significant sampling or actual count of the covered electronic
devices collected and recycled by the manufacturer each calendar year using a
methodology approved by the department. The manufacturer shall report the
results of the sampling or count to the department no later than March 1 of the
following calendar year. The report must include:
(A) A list of all brands
identified during the sampling or count by the manufacturer;
(B) The weight of
covered electronic devices identified for each brand during the sampling or
count; and
(C) The total weight of
covered electronic devices, including orphan devices, collected from covered
entities in the state by the manufacturer during the previous calendar year.
(e) By March 1 of each
year, provide a report to the department that details how the plan required
under this section was implemented during the previous calendar year.
(4) A group of
manufacturers may choose to implement a manufacturer program as one entity, if
in doing so the manufacturers meet the sum of their individual return shares by
weight under section 10 (3) of this 2007 Act and that sum is at least five
percent.
(5) By July 1 of each
year, a manufacturer that does not meet its return share by weight for the
previous calendar year shall pay the department for the amount not achieved at
a rate determined by the department to be equivalent to the amount the
manufacturer would have paid, plus 10 percent, to be part of the state
contractor program under section 10 of this 2007 Act.
(6) A manufacturer
participating in the state contractor program under section 10 of this 2007 Act
shall notify the department at the time of its registration each year.
(7) Except as provided
in subsection (4) of this section, a manufacturer with less than a five percent
return share is required to participate in the state contractor program under
section 10 of this 2007 Act.
SECTION 7. By September 1 of each year, a manufacturer
that participates in the state contractor program shall pay a recycling fee to
the Department of Environmental Quality in an amount determined by the
department under section 10 (6) of this 2007 Act to cover the costs of
collecting, transporting and recycling the manufacturer’s annual return share
of covered electronic devices for the following year.
SECTION 8. (1) Except as authorized in subsection (2)
of this section, a manufacturer program, the state contractor program or a
collector participating in a manufacturer program or the state contractor
program may not charge a fee to covered entities for the collection,
transportation or recycling of covered electronic devices.
(2) A collector that
provides a premium service to a covered entity may charge for the additional
cost of providing the premium service.
RETAILERS
SECTION 9. (1) A retailer may not sell or offer for
sale any covered electronic device in or for delivery into this state unless:
(a) The covered
electronic device is labeled with a brand and the label is permanently affixed
and readily visible;
(b) The brand is
included on the list posted by the Department of Environmental Quality pursuant
to section 10 (1) of this 2007 Act; and
(c) The list posted by
the department pursuant to section 10 (1) of this 2007 Act specifies that the
manufacturer is in compliance with the requirements of sections 2 to 13 of this
2007 Act.
(2) A retailer shall
provide to a consumer at the time of the sale of a covered
electronic device information from the department’s website that provides
details about where and how a consumer can recycle covered electronic devices
in
DEPARTMENT OF
ENVIRONMENTAL QUALITY AND
ENVIRONMENTAL QUALITY COMMISSION
SECTION 10. The Department of Environmental Quality
shall:
(1) Maintain and make
available on its website the following lists, which must be updated by the
first day of each month:
(a) A list of registered
manufacturers and their brands;
(b) A list of brands for
which no manufacturer has registered; and
(c) A list that identifies
which manufacturers are in compliance with sections 2 to 13 of this 2007 Act.
(2) Review and approve
manufacturer plans that comply with section 5 of this 2007 Act and are
submitted annually by manufacturers choosing to implement a manufacturer
program for recycling covered electronic devices.
(3)(a) Determine the
return share and return share by weight for each calendar year for each
manufacturer. The return share shall be determined by dividing the total weight
of covered electronic devices of that manufacturer’s brands by the total weight
of covered electronic devices for all manufacturers’ brands. The return share
by weight shall be determined by multiplying the return share for each such
manufacturer by the total weight in pounds of covered electronic devices,
including orphan devices, collected from covered entities the previous calendar
year.
(b) For 2008 and 2009,
determine the return share and return share by weight for each manufacturer
based on the best available public return share data and public weight data
from within the United States for covered electronic devices from covered
entities. For subsequent years, the return share of covered electronic devices
for each manufacturer shall be based on the most recent annual sampling or
count of covered electronic devices. For subsequent years, the total weight in
pounds of covered electronic devices shall be based on the total weight of
covered electronic devices, including orphan devices, determined by the
department.
(c) By May 1 of each
year, provide to each manufacturer that had a return share determined under
this section its return share and its return share by weight for the following
year.
(4) Establish a state
contractor program for the collection, transportation and recycling of covered
electronic devices from covered entities in this state. The state contractor
program shall:
(a) To the extent
practicable, use existing local collection, transportation and recycling
infrastructure;
(b)
Utilize environmentally sound management practices to collect, transport and
recycle covered electronic devices;
(c) Provide for covered
entities, free of charge, convenient and available collection services and
sites for covered electronic devices in both rural and urban areas;
(d) Advertise and promote
collection opportunities statewide and on a regular basis; and
(e) Conduct a
statistically significant sampling or actual count of the covered electronic
devices collected and recycled by the state contractor program during each
calendar year using a methodology approved by the department and prepare a
report no later than March 1 of the following calendar year that includes:
(A) A list of all brands
identified during the sampling or count;
(B) The weight of
covered electronic devices identified for each brand during the sampling or
count; and
(C) The total weight of
covered electronic devices, including orphan devices, collected from covered
entities in the state by the state contractor program during the previous
calendar year.
(5) Determine a manufacturer’s
annual registration fee for purposes of section 4 (2) of this 2007 Act using
national market data prorated for Oregon based on statewide population.
(6) Determine the
recycling fee to be paid under section 7 of this 2007 Act by each manufacturer
that participates in the state contractor program established pursuant to
subsection (4) of this section. The department shall determine the recycling
fees as follows:
(a) For each
manufacturer except those described in paragraph (b) of this subsection, the
department shall determine the recycling fee based on the manufacturer’s annual
return share and return share by weight as determined under subsection (3) of
this section.
(b) For each
manufacturer whose manufacture of covered electronic devices as defined in
section 2 (3)(a)(C) of this 2007 Act exceeds its manufacture of covered
electronic devices as defined in section 2 (3)(a)(A) and (B) of this 2007 Act,
the department shall determine the recycling fee based on the total return
share and return share by weight determined under subsection (3) of this
section of all manufacturers described in this paragraph, allocated according
to each manufacturer’s percentage of the total number of covered electronic
devices described in section 2 (3)(a)(C) of this 2007 Act sold in this state
the previous calendar year. The department may use national sales data to
determine the percentages. The department may assess a surcharge on the annual
registration fee for manufacturers described in this paragraph to pay any added
costs to the department in making the determinations.
(7) Maintain on its
website information on collection opportunities for covered electronic devices,
including collection site locations and hours. The information must be made
available in a printable format for retailers.
(8) Report biennially to
the Legislative Assembly on the operation of the statewide system for
collection, transportation and recycling of covered electronic devices.
SECTION 11. The Environmental Quality Commission may
adopt rules as necessary to implement sections 2 to 13 of this 2007 Act.
SECTION 12. Fees collected by the Department of
Environmental Quality under sections 2 to 13 of this 2007 Act shall be
deposited in the State Treasury to the credit of the Covered Electronic Devices
Account established under section 13 of this 2007 Act.
SECTION 13. The Covered Electronic Devices Account is
established separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account. Moneys in the account are
continuously appropriated to the Department of Environmental Quality and may be
used only to pay the costs of implementing sections 2 to 13 of this 2007 Act
and enforcing the prohibition in ORS 459.247 relating to disposal of covered
electronic devices.
SECTION 14. (1) The Department of Environmental Quality
shall evaluate any federal law that establishes a national program for the
collection and recycling of electronic devices.
(2) If the department
determines that the federal law substantially meets or exceeds the requirements
and intent of sections 2 to 13 of this 2007 Act, the department shall include
information on the federal law in the next biennial report to the Legislative
Assembly pursuant to section 10 of this 2007 Act.
SECTION 14a. Sections 2 to 13 of this 2007 Act do not
supersede any authority under ORS chapter 459 or 459A for cities and counties
to regulate the collection of solid waste.
DISPOSAL PROHIBITION
SECTION 15. ORS 459.247 is amended to read:
459.247. (1) No person
shall dispose of and no disposal site operator shall knowingly accept for
disposal the following types of solid waste at a solid waste disposal site:
(a) Discarded or
abandoned vehicles;
(b)
Discarded large home or industrial appliances;
(c) Used oil;
(d) Tires; [or]
(e) Lead-acid batteries[.];
or
(f) Covered electronic
devices.
(2) As used in this section[,]:
(a) “Covered electronic
device” has the meaning given that term in section 2 of this 2007 Act; and
(b) “Used oil” has the meaning given that term
in ORS 459A.555.
(3) Nothing in this
section shall prohibit a disposal site operator from accepting and storing, for
purposes of recycling or recovering, any of the types of solid waste listed in
subsection (1) of this section.
(4) The Environmental
Quality Commission may postpone the prohibition under subsection (1)(f) of this section in any area of this state where the
commission determines there is an inadequate system for the collection,
transportation and recycling of covered electronic devices.
(5)(a) Each disposal
site operator shall establish and implement, in accordance with any permit
requirements established by the Department of Environmental Quality, a program
reasonably designed to prevent acceptance of covered electronic devices for
disposal. If an operator operates the disposal site in conformity with the
program, the operator is presumed to have complied with the provisions of this
section that prohibit knowingly accepting covered electronic devices for
disposal.
(b) This section does
not prevent the disposal site operator from accepting and storing, for purposes
of recycling, reusing or refurbishing, covered electronic devices.
PENALTIES
SECTION 16. ORS 459.995 is amended to read:
459.995. (1) Except as
provided in subsection (2) of this section, in addition to any other penalty
provided by law:
(a) Any person who
violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.705 to 459.790,
459A.005 to 459A.620, 459A.675 to 459A.685 or 646.845 or sections 3 to 9 of
this 2007 Act, or any rule or order of the Environmental Quality Commission
pertaining to the disposal, collection, storage or reuse or recycling of solid
wastes, as defined by ORS 459.005, or any rule or order pertaining to the
disposal, storage or transportation of waste tires, as defined by ORS 459.705,
or any rule or order pertaining to the sale of novelty items that contain
encapsulated liquid mercury, shall incur a civil penalty not to exceed $10,000
a day for each day of the violation.
(b) Any person who violates
the provisions of ORS 459.420 to 459.426 shall incur a civil penalty not to
exceed $500 for each violation. Each battery that is disposed of improperly
shall be a separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city,
county or metropolitan service district fails to provide the opportunity to
recycle as required under ORS 459A.005, the city, county or metropolitan
service district shall incur a civil penalty not to exceed $500 for each
violation.
(2) Any product
manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665 or
any rule adopted under ORS 459A.650 to 459A.665 shall incur a civil penalty not
to exceed $1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties under
subsection (1) of this section.
(3) Any civil penalty
authorized by subsection (1) or (2) of this section shall be imposed in the
manner provided by ORS 468.135.
SECTION 17. ORS 459.995, as amended by section 16 of this
2007 Act, is amended to read:
459.995. (1) Except as
provided in subsection (2) of this section, in addition to any other penalty
provided by law:
(a) Any person who
violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.705 to 459.790,
459A.005 to 459A.620, 459A.675 to 459A.685 or 646.845 or sections 3 to 9 of
this 2007 Act, or any rule or order of the Environmental Quality Commission
pertaining to the disposal, collection, storage or reuse or recycling of solid
wastes, as defined by ORS 459.005, or any rule or order pertaining to the
disposal, storage or transportation of waste tires, as defined by ORS 459.705,
or any rule or order pertaining to the sale of novelty items that contain
encapsulated liquid mercury, shall incur a civil penalty not to exceed $10,000
a day for each day of the violation.
(b) Any person who
violates the provisions of ORS 459.420 to 459.426 shall incur a civil penalty
not to exceed $500 for each violation. Each battery that is disposed of
improperly shall be a separate violation. Each day an establishment fails to
post the notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city,
county or metropolitan service district fails to provide the opportunity to
recycle as required under ORS 459A.005, the city, county or metropolitan
service district shall incur a civil penalty not to exceed $500 for each
violation.
(d) Any person who
violates the provisions of ORS 459.247 (1)(f) shall
incur a civil penalty not to exceed $500 for each violation. Each covered
electronic device that is disposed of improperly shall be a separate violation.
(2) Any product
manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665 or
any rule adopted under ORS 459A.650 to 459A.665 shall incur a civil penalty not
to exceed $1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties under
subsection (1) of this section.
(3) Any civil penalty
authorized by subsection (1) or (2) of this section shall be imposed in the
manner provided by ORS 468.135.
MISCELLANEOUS
SECTION 18. The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 2007 Act.
SECTION 19. (1) Section 9 (1) of this 2007 Act applies
to covered electronic devices sold by a retailer on or after January 1, 2009.
(2) The amendments to
ORS 459.995 by section 16 of this 2007 Act apply to violations of section 9 (1)
of this 2007 Act occurring on or after January 1, 2009.
(3) The amendments to
ORS 459.247 and 459.995 by sections 15 and 17 of this 2007 Act become operative
on January 1, 2010.
SECTION 20. The amendments to section 5 of this 2007
Act by section 6 of this 2007 Act become operative on January 1, 2010.
SECTION 21. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 7, 2007
Filed in the office of Secretary of State June 7, 2007
Effective date June 7, 2007
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