HOUSE OF REPRESENTATIVES

H.B. NO.

1210

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to obesity prevention.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that consumption of sugar-sweetened beverages is linked to serious health problems, including but not limited to:  weight gain, obesity, prediabetes, diabetes, tooth decay, heart disease, and other health problems.  In Hawaii, childhood obesity increased by twenty-six per cent between 1999 and 2015, and adult obesity has increased one hundred fifty-five per cent between 1990 and 2015.  As a result of health risks and complications related to obesity, the current generation of children may be the first generation not to outlive their parents.  Obesity-related medical expenditures in Hawaii were calculated to be over $470,000,000 in 2009, and are continuing to increase.

     A 2004 study found that sugared soft drinks are the single largest contributor of caloric intake in the United States.  According to nutritional standards, sugar-sweetened beverages, such as non-diet soft drinks, energy drinks, sweet teas, and sports drinks, offer little or no nutritional value and contain massive quantities of added sugars and calories.  For example, a twelve-ounce can of soda contains the equivalent of approximately eight to ten teaspoons of sugar.  The American Heart Association recently released a scientific statement recommending that a person eating a 2,200 calorie diet should eat no more than nine teaspoons of refined sugar in a day.  Sugar-sweetened beverages account for almost half the total added-sugar intake in the United States population, and sweetened beverages displace healthier and more nutrient-dense beverages like milk, one hundred per cent fruit juice, and water.  A recent study found that adults who consumed about one can of soda per day had a forty-six per cent higher risk of developing prediabetes.  Another study found that people who consume one to two cans of sugary drinks per day have a twenty-six per cent greater risk of developing type two diabetes than people who rarely have such drinks.

     In addition, drinking sugar-sweetened beverages can significantly contribute to tooth decay.  An analysis of data from 1971 to 1974 found a strong association between the frequency of between-meal consumption of soda and dental caries.  A recent study found that young children who drank carbonated sugar-sweetened beverages had almost double the risk of dental caries.  A 2016 report finds that seventy-one per cent of third graders in Hawaii are affected by tooth decay, making Hawaii the state with the highest prevalence of tooth decay among third graders in the nation.  The State also recently received a failing grade in a series of oral health report cards released by The Pew Center on the States.

     The legislature further finds that Americans are drinking more sugar-sweetened beverages than ever before.  From 1977 to 2002, Americans doubled the amount of sugar-sweetened beverages they consumed.  Currently, children and adults consume an average of one hundred seventy-two and one hundred seventy-five calories, respectively, from sugar-sweetened beverages a day.  Children and adolescents now consume ten to thirteen per cent of their daily caloric intake from sugar-sweetened beverages.  There is also a strong correlation between weight gain and soda consumption.  In children, each additional twelve-ounce soft drink consumed per day increases their likelihood of becoming obese by sixty per cent.  A 2009 California study found that adults who drink one or more sodas a day are twenty-seven per cent more likely to be overweight or obese than those who do not drink soda.

     The Division of Physical Activity, Nutrition and Obesity at the Centers for Disease Control and Prevention recommends decreasing the consumption of sugar-sweetened beverages as one of six evidence-based strategies for preventing and reducing excess weight and obesity.  The 2010 Dietary Guidelines for Americans also recommends reducing the intake of sugar-sweetened beverages as a method to control caloric intake and manage body weight.

     A fee on sugar-sweetened beverages could have both fiscal and health impacts.  Economic disincentives are among the most effective tools to change behavior as tobacco taxes have demonstrated.  Hawaii's tobacco taxes have helped to drive the State's smoking rates to historic lows.  Smoking among high school students decreased forty-one per cent from 2005 to 2015.  Price has been shown to influence food purchasing behavior as well.  Based on the best estimates to date of the responsiveness of demand for soft drinks to changes in price, a ten per cent fee could result in about an eight per cent reduction in consumption.  A more recent modeling study predicted a twenty-four per cent decrease in consumption in response to a twenty per cent increase in price, which corresponds to the penny-per-ounce tax proposed in many states.  The effects could be higher for heavy consumers of soft drinks.  As of November 2016, seven counties in four states (California, Philadelphia, Colorado and Illinois) have enacted measures on sugar-sweetened beverage fees.

     The revenues from such a fee would provide a dedicated source of funding in Hawaii to accelerate the progress in promoting health and obesity prevention, particularly amongst children.  In order to counteract marketing and environmental cues that lead to unhealthy behaviors that impact the health of Hawaii's children, it is important to provide access to programs and services that promote a healthy lifestyle and good beginnings.

     Traditional models of attempting to deal with high obesity and tooth decay rates have focused on secondary prevention methods and have not proven to be successful.  Primary prevention methods such as policy changes, including the development of programs that help make nutritious foods more affordable and accessible, provide safe and healthy places for people to engage in physical activity and assist children in having a healthy start.  A substantial and sustained response is needed to create cultural and societal changes so healthy choices and lifestyles are the norm in Hawaii.  Providing a dedicated source of funding for these programs is vital to their success.

     The purpose of this Act is to discourage excessive consumption of sugar-sweetened beverages and prevent obesity by, among other things:

     (1)  Establishing a fee on sugar-sweetened beverages sold in the State;

     (2)  Establishing the obesity and chronic disease prevention special fund, the obesity and chronic disease prevention trust fund, and the Hawaii interagency obesity prevention council to support obesity prevention programs; and

     (3)  From the fee revenues collected, allocating:

         (A)        per cent into the obesity and chronic disease prevention trust fund;

         (B)        per cent to be used for the implementation of state oral health promotion and prevention services for Hawaii's children; and

         (C)        per cent to be used to restore basic adult dental benefits to medicaid and QUEST integration enrollees.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new part to be appropriately designated and to read:

"PART      .  SUGAR-SWEETENED BEVERAGES FEE

     §321-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Bottle" means any closed or sealed container regardless of size or shape, including those made of glass, metal, paper, plastic, or any other material or combination of materials.

     "Bottled sugar-sweetened beverage" means any sugar-sweetened beverage contained in a bottle that is ready for consumption without further processing, such as dilution or carbonation.

     "Caloric sweetener" means any substance:

     (1)  Suitable for human consumption and perceived by humans as sweet, and includes, without limitation, sucrose, fructose, glucose, other sugars, and fruit juice concentrates;

     (2)  That adds calories to the diet of a person who consumes that substance; and

     (3)  Does not include non-caloric sweeteners.

     "Concentrate" means a syrup, powder, or base product that is used for mixing, compounding, or making sweetened beverages in a beverage dispensing machine.  "Concentrate" does not include any of the following:

     (1)  Any product that is solely used in preparing coffee or tea;

     (2)  Any product for consumption by infants and which is commonly referred to as "infant formula";

     (3)  Any product for use for weight reduction;

     (4)  Milk or milk products;

     (5)  Any frozen concentrate or freeze-dried concentrate to which only water is added to produce a sweetened beverage containing more than fifty per cent natural fruit juice or more than fifty per cent natural vegetable juice or more than fifty per cent combined natural fruit juice and natural vegetable juice;

     (6)  Any product that is sold and is intended to be used for the purpose of an individual consumer mixing a sweetened beverage;

     (7)  Medical food; and

     (8)  Any product to which no caloric sweeteners have been added.

     "Consumer" means a person who purchases a sugar-sweetened beverage for consumption and not for sale to another.

     "Department" means the department of health.

     "Director" means the director of health.

     "Distribution" means the:

     (1)  Sale of bottled sugar-sweetened beverages or concentrate to a retailer;

     (2)  Receipt of untaxed, bottled sugar-sweetened beverages or concentrate in this State from an unregistered out-of-state distributor by a retailer;

     (3)  Retail sale of untaxed, bottled sugar-sweetened beverages, sugar-sweetened beverages, or concentrate in this State; or

     (4)  Use or consumption of untaxed, bottled sugar-sweetened beverages or concentrate in this state by a distributor or retailer.  For the purposes of this paragraph, "use or consumption" includes the exercise of any right or power over bottled sugar-sweetened beverages or concentrate incident to the ownership thereof, except that it does not include the sale of that property or the keeping or retention thereof by a distributor or retailer for the purpose of sale.

     "Distributor" means any person, including any manufacturer or wholesale dealer, who receives, stores, manufactures, bottles, or distributes bottled sugar-sweetened beverages or concentrate for sale to retailers doing business in the State whether or not that person also sells such products to consumers.

     "Fund" means the obesity and chronic disease prevention special fund established pursuant to section 321-F.

     "Non-alcoholic beverage" means any beverage that contains less than one-half of one per cent alcohol per volume.

     "Non-caloric sweetener" means any substance that:

     (1)  Contains fewer than five calories per serving;

     (2)  Is suitable for human consumption and perceived by humans as sweet, including aspartame, saccharin, stevia, and sucralose; and

     (3)  Does not include caloric sweeteners.

     "Place of business" means any place where sugar-sweetened beverages or concentrate is manufactured or received for sale in the State.

     "Powder" means any solid mixture of ingredients that:

     (1)  Contains a caloric sweetener; and

     (2)  Is used in making, mixing, or compounding sugar-sweetened beverages by combining the powder with any one or more other ingredients, including:

         (A)  Water;

         (B)  Ice;

         (C)  Syrup;

         (D)  Simple syrup;

         (E)  Fruits;

         (F)  Vegetables;

         (G)  Fruit juice;

         (H)  Vegetable juice;

         (I)  Carbonation; or

         (J)  Other gas.

     "Retailer" means any person who sells or otherwise dispenses in the State a sugar-sweetened beverage to a consumer whether or not that person is also a distributor as defined in this section.

     "Sale" or "sell" means the transfer of title or possession for valuable consideration regardless of the manner the transfer is completed.

     "Sugar-sweetened beverage" means any non-alcoholic beverage, carbonated or noncarbonated, that is intended for human consumption and contains any added caloric sweetener.  "Sugar-sweetened beverage" shall not include:

     (1)  Beverages consisting of one hundred per cent natural fruit juice or natural vegetable juice with no added caloric sweetener.  For the purposes of this paragraph, "natural fruit juice" or "natural vegetable juice" means the original liquid resulting from the pressing of fruits or vegetables, respectively, or the liquid resulting from the dilution of dehydrated natural fruit juice or natural vegetable juice, respectively;

     (2)  Milk without any added caloric sweetener.  For purposes of this paragraph, "milk" means natural liquid milk regardless of animal source or butterfat content; natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; dehydrated natural milk, whether or not reconstituted and regardless of animal source or butterfat content; soy milk; or rice milk;

     (3)  Dietary aids.  For the purposes of this paragraph, "dietary aids" means liquid products manufactured for use as:

         (A)  An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages;

         (B)  A source of necessary nutrition used due to a medical condition; or

         (C)  An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness;

     (4)  Infant formula; and

     (5)  Beverages containing less than 4.2 grams of added caloric sweetener per eight ounces of beverage.

     "Syrup" means a liquid mixture of ingredients that:

     (1)  Contains a caloric sweetener; and

     (2)  Is used in making, mixing, or compounding sugar-sweetened beverages by combining the syrup with any one or more other ingredients, including:

         (A)  Water;

         (B)  Ice;

         (C)  Powder;

         (D)  Simple syrup;

         (E)  Fruits;

         (F)  Vegetables;

         (G)  Fruit juice;

         (H)  Vegetable juice;

         (I)  Carbonation; or

         (J)  Other gas.

     §321-B  Registration.  Every distributor, and any person intending to become a distributor, shall register with the department on forms to be prescribed, prepared, and furnished by the department.

     §321-C  Sugar-sweetened beverages fee imposed.  (a)  Every distributor selling sugar-sweetened beverages in the State shall pay a fee that is imposed at the following rates:

     (1)  One cent per fluid ounce of bottled sugar-sweetened beverages sold or offered for sale to a retailer for sale in the State to a consumer; and

     (2)  One cent per fluid ounce of sugar-sweetened beverage produced from concentrate sold or offered for sale to a retailer for sale in the State to a consumer, either as a concentrate or as a sugar-sweetened beverage derived from that concentrate.  The volume of sugar-sweetened beverage produced from concentrate shall be the largest volume resulting from use of the concentrate according to the manufacturer's instructions.

     (b)  A distributor shall add the amount of a fee levied by this section to the price of sugar-sweetened beverages sold to a retailer, and the retailer shall pass the amount of the fee through to a consumer as a component of the final retail purchase price.  The amount of the fee shall be stated separately on all invoices, signs, sales or delivery slips, bills, and statements that advertise or indicate the price of such beverages.

     (c)  Any retailer that sells bottled sugar-sweetened beverages or concentrate in the State to a consumer shall become liable at the time of sale to the consumer for the fee imposed in subsection (a) if the fee imposed by this section has not already been paid by a distributor.

     §321-D  Exemptions.  The following shall be exempt from the fee imposed by this part:

     (1)  Bottled sugar-sweetened beverages or concentrate sold by a distributor or a retailer expressly for resale or consumption outside the State; and

     (2)  Bottled sugar-sweetened beverages or concentrate sold by a distributor to another distributor, if the sales invoice clearly indicates that the sale is exempt; provided that if the sale is to a person who is both a distributor and a retailer, the sale shall also be exempt from the fee and the fee shall be paid when the purchasing distributor who is also a retailer resells the product to a retailer or a consumer; provided further that this exemption shall not apply to any other sale to a retailer.

     §321-E  Payment.  Every distributor, on or before the fifteenth day of each month, shall file with the department a form identifying all sales of sugar-sweetened beverages made during the preceding month.  The form shall be prescribed by the department and shall contain any information as the department deems necessary for the proper administration of the sugar-sweetened beverages fee.

     §321-F  Obesity and chronic disease prevention special fund; established.  (a)  There is established in the state treasury the Hawaii obesity and chronic disease special fund into which shall be deposited:

     (1)  All sugar-sweetened beverage fees; and

     (2)  All interest and earnings accruing from the investment of moneys in the fund;

provided that of all sugar-sweetened beverage moneys received by the State each fiscal year, the sum representing the first $           of those moneys shall first be deposited in the state treasury in each fiscal year to the credit of the obesity and chronic disease prevention special fund.  The Hawaii obesity and chronic disease prevention special fund shall be administered by the department.

     (b)  The moneys in the fund shall be disposed as follows:

     (1)        per cent shall be expended for the implementation of state oral health promotion and prevention services for Hawaii's children;

     (2)        per cent shall be expended to restore basic adult dental benefits to medicaid and QUEST integration enrollees; and

     (3)        shall be deposited into the Hawaii obesity and chronic disease prevention trust fund under section 321-G.

     §321-G  Hawaii obesity and chronic disease prevention trust fund; established.  (a)  There is established the Hawaii obesity and chronic disease prevention trust fund as a separate fund of a nonprofit entity having a board of directors and qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, into which shall be deposited moneys received as provided under section 321-F(b).  The director of health, with the concurrence of the governor, shall select, in accordance with law, the entity based upon the proven record of accomplishment of the entity in administering a similar trust fund.

     (b)  Notwithstanding that the Hawaii obesity and chronic disease prevention trust fund is established within a private entity, the department of budget and finance shall have oversight authority over the fund and may make periodic financial audits of the fund; provided that the director of finance may contract with a certified public accountancy firm for this purpose.  The director of health with the concurrence of the governor in their sole discretion may rescind the selection of the entity.  If the selection of the entity is rescinded, moneys in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

     (c)  The Hawaii obesity and chronic disease prevention trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State shall not supplant or diminish the funding of existing chronic disease prevention programs or any health related programs funded in whole or in part by the State.

     (d)  The assets of the Hawaii obesity and chronic disease prevention trust fund shall consist of:

     (1)  Moneys deposited pursuant to section 321-F(b);

     (2)  Moneys appropriated to the Hawaii obesity and chronic disease prevention trust fund by the state, county, or federal government;

     (3)  Private contributions of cash or property; and

     (4)  Income and capital gains earned by the trust fund.

     (e)  The obesity and chronic disease prevention trust fund shall:

     (1)  Ensure coordination and support of evidence-based statewide obesity and chronic disease prevention programs by the department or other state agencies, including programs relating to diabetes, cardiovascular disease, promotion of healthy lifestyles, physical fitness, nutrition, early childhood health, and other prevention-oriented public health programs; and

     (2)  Support population-based programs that use educational, environmental, policy, and other public health approaches to achieve the following goals:

         (A)  Reduce racial, ethnic, and socioeconomic disparities in obesity and diabetes rates;

         (B)  Improve access to and consumption of healthy, safe, and affordable foods;

         (C)  Reduce access to and consumption of calorie-dense, nutrient-poor foods;

         (D)  Encourage physical activity;

         (E)  Decrease sedentary behavior;

         (F)  Raise awareness about the importance of nutrition and physical activity to obesity prevention; and

         (G)  Prevent and manage prediabetes, diabetes, and hypertension.

     (f)  The aggregate principal sum deposited in the Hawaii obesity and chronic disease prevention trust fund shall be invested by the entity selected under subsection (a) in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.

     (g)  If the entity selected under subsection (a) is dissolved, the director of health, with the concurrence of the governor, shall select a successor entity.  If the Hawaii obesity and chronic disease prevention trust fund is terminated, the moneys remaining in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

     (h)  The administration of the Hawaii obesity and chronic disease prevention trust fund shall be advised by the tobacco prevention and control advisory board created under section 328L-6.

     §321-H  Records to be kept.  (a)  Every distributor and retailer shall keep a record of all sales of sugar-sweetened beverages made by the distributor or retailer in a form as the department may prescribe.

     (b)  The records as required in subsection (a) shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person, except:

     (1)  As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this part or any rule adopted to implement this part; or

     (2)  Pursuant to an order issued by a court or administrative agency hearings officer.

     §321-I  Audit authority.  The director, or the duly authorized agent of the director, may examine all records required to be kept under this part and books, papers, and records of any person engaged in the sale of sugar-sweetened beverages to verify the accuracy of the payment of the fee imposed by this part and other compliance with this part and rules adopted pursuant thereto.  A person in possession of books, papers, and records subject to this section and the person's agents and employees shall give the director, or the duly authorized agent of the director, the means, facilities, and opportunities for the examination.

     §321-J  Contract for administrative services.  The department may contract the services of a third party to administer the sugar-sweetened beverages fee program under this part.

     §321-K  Management and financial audit.  The auditor shall conduct a management and financial audit of the sugar-sweetened beverages fee program for the first two fiscal years the program is in effect following the implementation of rules, and for each fiscal year thereafter ending in an even-numbered year.  The auditor shall submit the audit report to the legislature and the department no later than twenty days prior to the convening of the next regular session.  The costs incurred by the auditor for the audit shall be reimbursed by the fund.

     §321-L  Administration by director; rules.  The administration and enforcement of this part are vested in the director, who shall adopt rules in accordance with chapter 91 for the enforcement and administration of this part.

     §321-M  Criminal penalties.  Any person subject to this part who:

     (1)  Fails to pay the entire fee imposed by this part by the date that payment is due;

     (2)  Fails to register as a distributor;

     (3)  Fails to submit a form;

     (4)  Fails to maintain records as required by this part; or

     (5)  Violates any other provision of this part,

shall be guilty of a misdemeanor.

     §321-N  Civil penalties.  (a)  Any person subject to this part who:

     (1)  Fails to pay the entire fee imposed by this part by the date that payment is due;

     (2)  Fails to register as a distributor;

     (3)  Fails to submit a form;

     (4)  Fails to maintain records required by this part; or

     (5)  Violates any other provision of this part,

shall be liable for the amount of the fee that is due and a penalty equal to fifty per cent of the fee due.

     (b)  The director, or the director's duly authorized representative, may determine the amount of the fee and the penalty due under subsection (a) in the event of any nonpayment or underpayment and demand payment of all sugar-sweetened beverage fees and penalties.  Interest shall accrue on nonpayment or underpayment of the fee at a rate of eight per cent per year from the date the fee was due, until paid.

     §321-O  Unpaid fees and debt.  All fees and penalties imposed under this part remaining due and unpaid shall constitute a debt to the State and may be collected from the person owing same by suit or otherwise.

     §321-P  Enforcement.  (a)  If the director determines that the sugar-sweetened beverages fee, penalties, or interest are due and owing, the director shall notify the person of the amount due and owing by certified mail.

     (b)  Any notice issued under subsection (a) shall become final, unless not later than thirty days after the notice is mailed, the person named therein requests in writing a hearing before the director.  Whenever a hearing is requested, the amount owed shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the fee, interest, and penalty in whole or in part.  Upon request for a hearing, the director shall require the requestor to appear before the director for a hearing at the time and place specified in the notice.

     (c)  Any hearing conducted under this section shall be conducted as a contested case under chapter 91.  If, after a hearing held pursuant to this section, the director finds that all or a portion of the fee, interest, or penalty is due, the director shall take action to collect the amount due as provided by subsection (d).

     (d)  If the amount of any fee, interest, or penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the State to collect the fee, interest, and penalty.  In any proceeding to collect the fee, interest, or penalty imposed, the director need show only that:

     (1)  Notice was given;

     (2)  A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;

     (3)  The fee, interest, or penalty was imposed; and

     (4)  The fee, interest, or penalty remains unpaid.

     (e)  In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties.

     §321-Q  Appeal.  As set forth in section 91-14, any person aggrieved may appeal the determination of the director to the appropriate court having jurisdiction over the matter.

     §321-R  Distribution of revenues.  One hundred per cent of revenues collected from the sugar-sweetened beverages fee, interest payments, and penalty payments imposed pursuant to this part shall be paid to the obesity and chronic disease prevention special fund, established in section 321-F.

     §321-S  Evaluation.  The department shall develop criteria and components for an independent evaluation to assess the impact of the fee imposed by this part on consumption of products subject to the fee established by this part.  The evaluation shall seek to determine the impact of the fee on sugar-sweetened beverage prices, consumer purchasing behavior, and health outcomes.  The reasonable costs of evaluation shall be considered an implementation cost of this part.

     §321-T  Costs.  The costs to implement this part may include:

     (1)  Administrative, audit, independent evaluation, and compliance activities associated with collection and payment of the deposits of the sugar-sweetened beverages fee program;

     (2)  Personnel to implement the sugar-sweetened beverages fee program, including registration and enforcement activities; and

     (3)  Associated office expenses.

     §321-U  Annual reports.  The department shall provide annual reports on the sugar-sweetened beverages fee program to the legislature and the governor no later than twenty days prior to the convening of each regular session for the period beginning when the program is in effect following the adoption of rules pursuant to section 321-L.  The reports shall contain:

     (1)  Performance indicators;

     (2)  Measures of effectiveness;

     (3)  Organizational charts; and

     (4)  Position descriptions of every type of position created and salaries paid to each employee.

If the administration of the program is contracted to a third party pursuant to section 321-J, a copy of the contract shall be appended to the next applicable report, and the contractor shall abide by these reporting requirements as well.  The contractor's pay scales shall be comparable to equivalent civil service positions."

     2.  By adding a new section to be appropriately designated and to read:

     "§321-    Hawaii interagency obesity prevention council; established.  (a)  There is established within the department of health for administrative purposes the Hawaii interagency obesity prevention council, which shall be an advisory board exempt from section 26-34.

     (b)  The Hawaii interagency obesity prevention council shall be responsible for:

     (1)  Formulating and advising the governor on the implementation of a unified ten-year state obesity prevention strategic plan to address child and adult obesity in Hawaii;

     (2)  Promoting collaboration among public agencies and private stakeholders to lower obesity rates in the State;

     (3)  Monitoring the progress of the state obesity prevention strategic plan;

     (4)  Providing recommendations to state agencies, the legislature, and the private sector on improving the quality, availability, and coordination of obesity prevention policies and activities;

     (5)  Developing specific strategies to address social determinants of health as they relate to obesity prevention; and

     (6)  Activating, coordinating, and maintaining responsive action among the public, business, and educational communities to become part of an obesity prevention strategy.

     (c)  The state obesity prevention strategic plan formulated pursuant to subsection (b) shall be in writing and shall be a public document.

     (d)  The council shall consist of at least the following members or each member's designee:

     (1)  The director of health, who shall serve as chair;

     (2)  The director of human services;

     (3)  The superintendent of education;

     (4)  A representative from the University of Hawaii John A. Burns school of medicine;

     (5)  One member of the house of representatives to be designated by the speaker of the house of representatives;

     (6)  One member of the senate to be designated by the president of the senate; and

     (7)  One member designated by the governor.

Additional members may be added as determined by the Hawaii interagency obesity prevention council.

     (e)  Members of the Hawaii interagency obesity prevention council shall serve without compensation.

     (f)  The Hawaii interagency obesity prevention council shall meet quarterly or more frequently as it deems necessary.  A majority of the members of the Hawaii interagency obesity prevention council shall constitute a quorum to do business and to validate any decision or act of the council."

     SECTION 3.  Section 328L-6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The tobacco prevention and control advisory board shall advise the on the administration of the Hawaii tobacco prevention and control trust fund[.] and Hawaii obesity and chronic disease prevention trust fund."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for deposit into the Hawaii obesity and chronic disease prevention special fund established pursuant to section 321-F, Hawaii Revised Statutes.

     SECTION 5.  There is appropriated out of the Hawaii obesity and chronic disease prevention special fund the sum of $           or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the purposes set forth in section 321-F, Hawaii Revised Statutes, established by this Act.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 6.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2017; provided that the fees imposed by section 321-C, Hawaii Revised Statutes, shall be imposed upon the adoption of administrative rules pursuant to section 321-L, Hawaii Revised Statutes, for the enforcement and administration of part       of chapter 321, Hawaii Revised Statutes, established by this Act.

 

INTRODUCED BY:

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Report Title:

Obesity and Chronic Disease Prevention; Sugar-sweetened Beverages Fee; Hawaii Interagency Obesity Prevention Council; Appropriation

 

Description:

Establishes a fee on sugar-sweetened beverages.  Establishes an obesity and chronic disease prevention special fund, Hawaii obesity and chronic disease prevention trust fund, and Hawaii interagency obesity prevention council to support obesity prevention programs.  Appropriates funds to the obesity and chronic disease prevention special fund.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.