REPORT TITLE:
Glass Recovery


DESCRIPTION:
Adds new definition, "import" to glass container recovery law.
Changes imposition of penalty from a civil to an  administrative
action.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2545
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO GLASS RECOVERY.



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

 1      SECTION 1.  The purpose of this Act is to improve the
 
 2 enforceability of the glass advance disposal fee program by
 
 3 clarifying the applicability of the statute to glass importers
 
 4 and inspection procedures.
 
 5      SECTION 2.  Section 342G-81, Hawaii Revised Statutes, is
 
 6 amended by adding a new definition to be appropriately inserted
 
 7 and to read as follows:
 
 8      ""Import" means to buy, bring, or accept delivery of glass
 
 9 containers from an address, supplier, or any entity outside of
 
10 the State of Hawaii."
 
11      SECTION 3.  Section 342G-83, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  All glass container importers [registered with the
 
14 department] shall maintain records reflecting the manufacture of
 
15 their glass containers as well as the importation and exportation
 
16 of products packaged in glass.  The records shall be made
 
17 available, upon request, for inspection by the department;
 
18 provided that any proprietary information obtained by the
 
19 department shall be kept confidential, and shall not be disclosed
 

 
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                                     S.B. NO.           2545
                                                        
                                                        

 
 1 to any other person except:
 
 2      (1)  As may be reasonably required in an administrative or
 
 3           judicial proceeding to enforce any provision of this
 
 4           chapter or any rule adopted pursuant to this chapter;
 
 5           or
 
 6      (2)  Under an order issued by a court or administrative
 
 7           agency hearing officer."
 
 8      SECTION 4.  Section 342G-88, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]�342G-88[]]  Penalties.  Any person who violates any
 
11 provision of this part, or any rule adopted thereunder, shall be
 
12 fined not more than $10,000 for each separate offense.  Each day
 
13 of each violation shall constitute a separate offense.  Any
 
14 action taken to impose or collect the penalty provided for in
 
15 this section shall be considered [a civil] an administrative
 
16 action."
 
17      SECTION 5.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 6.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:_________________________
 
22