Terms Used In Vermont Statutes > Title 10 > Chapter 166 - Collection and Recycling of Electronic Devices

• Agency: means the Agency of Natural Resources. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• articles: include amended and restated articles of incorporation and articles of merger. See
• board of directors: means the board of directors except that no person or group of persons are the board of directors because of powers delegated to that person or group pursuant to section 8. See
• Bylaws: means the code or codes of rules (other than the articles) adopted pursuant to this title for the regulation or management of the affairs of the corporation, stored or depicted in any tangible or electronic medium, and irrespective of the name or names by which such rules are designated. See
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Class: refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. See
• Collection: means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler. See
• Collector: means a public or private entity that receives electronic waste from covered entities or from another collector and that performs any of the following:

• Computer: means a laptop computer, desktop computer, tablet computer, or central processing unit that conveys electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions. See
• Computer monitor: means a display device without a tuner that can display pictures and sound and is used with a computer. See
• Computer peripheral: means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer. See
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means public benefit and mutual benefit corporation. See
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Covered electronic device: means a computer, computer monitor, device containing a cathode ray tube, printer, or television from a covered entity. See
• Covered entity: means any household, charity, or school district in the State or a business in the State that employs 10 or fewer individuals. See
• Directors: means individuals, designated in the articles or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See
• Distribution: means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Domestic corporation: means a corporation. See
• Electronic waste: means a computer, computer monitor, computer peripheral, device containing a cathode ray tube, printer, or television from a covered entity. See
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• filing: means filed in the Office of the Secretary of State. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foreign corporation: means a corporation organized under a law other than the law of this State which would be a nonprofit corporation if formed under the laws of this State. See
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manufacturer: means a person who:

• Market share: means a "manufacturer's market share" that shall be the manufacturer's percentage share of the total weight of covered electronic devices sold in the State as determined by an estimate of the aggregate total weight of the manufacturer's covered electronic devices sold in the State during the previous program year based on national sales data unless the Secretary approves a manufacturer to use actual sales data. See
• Meeting: means any structured communications conducted by participants in person or through the use of an electronic or telecommunications medium permitting simultaneous or sequentially structured communications. See
• Member: means (without regard to what a person is called in the articles or bylaws) any person or persons who on more than one occasion, pursuant to a provision of a corporation's articles or bylaws, have the right to vote for the election of a director or directors. See
• Membership: refers to the rights and obligations a member or members have pursuant to a corporation's articles, bylaws, and this title. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Person: includes any individual or entity. See
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Principal office: means the office (in or outside this State) so designated in the biennial report filed pursuant to section 16. See
• Printer: means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including copying, scanning, faxing, and printing. See
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See
• Program year: means the period established by the Secretary as the program year in the Plan required by section 7552 of this title. See
• Recycler: means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling. See
• Recycling: means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of useable materials followed by delivery of such materials for use. See
• Retailer: means a person who sells, rents, or leases covered electronic devices to a person in the State, through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means. See
• sale: means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the State. See
• Secretary: means the corporate officer to whom the board of directors has delegated responsibility under subsection 8. See
• Service of process: The service of writs or summonses to the appropriate party.
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Television: means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than four inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Transporter: means a person that moves electronic waste from a collector to either another collector or to a recycler. See
• Vote: includes authorization by written ballot and written consent. See