Glass Recovery

Adds new definition of "import" to glass container recovery law.
Changes imposition of penalty from a civil to an  administrative
action. (HD1)

THE SENATE                              S.B. NO.           2545
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.  The purpose of this Act is to improve compliance
 2 with, and enforcement of, the glass advance disposal fee program
 3 by clarifying that all glass importers are subject to record
 4 keeping requirements and inspection by the department of health,
 5 regardless of whether they are registered with the department of
 6 health.
 7      SECTION 2.  Section 342G-81, Hawaii Revised Statutes, is
 8 amended by adding a new definition to be appropriately inserted
 9 and to read as follows:
10      ""Import" means to buy, bring, or accept delivery of glass
11 containers from an address, supplier, or any entity outside of
12 the State of Hawaii."
13      SECTION 3.  Section 342G-83, Hawaii Revised Statutes, is
14 amended by amending subsection (b) to read as follows:
15      "(b)  All glass container importers [registered with the
16 department] shall maintain records reflecting the manufacture of
17 their glass containers as well as the importation and exportation
18 of products packaged in glass.  The records shall be made
19 available, upon request, for inspection by the department;

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                                     S.B. NO.           2545
                                                        H.D. 1

 1 provided that any proprietary information obtained by the
 2 department shall be kept confidential, and shall not be disclosed
 3 to any other person except:
 4      (1)  As may be reasonably required in an administrative or
 5           judicial proceeding to enforce any provision of this
 6           chapter or any rule adopted pursuant to this chapter;
 7           or
 8      (2)  Under an order issued by a court or administrative
 9           agency hearing officer."
10      SECTION 4.  Section 342G-88, Hawaii Revised Statutes, is
11 amended to read as follows:
12      "[[]342G-88[]]  Penalties.  Any person who violates any
13 provision of this part, or any rule adopted thereunder, shall be
14 fined not more than $10,000 for each separate offense.  Each day
15 of each violation shall constitute a separate offense.  Any
16 action taken to impose or collect the penalty provided for in
17 this section shall be considered [a civil] an administrative
18 action."
19      SECTION 5.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 6.  This Act shall take effect upon its approval.