CONFERENCE COMMITTEE REP. 132
Honolulu, Hawaii
, 2003
RE: H.B. No. 1456
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1456, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to improve the deposit beverage container law by:
(1) Amending the law to decrease the burden on dealers required to operate bottle redemption centers; and
(2) Clarifying certain requirements of the law.
Among other things, the bill:
(1) Exempts deposits collected under Chapter 342G, part VIII, Hawaii Revised Statutes (HRS), from chapter 235, HRS;
(2) Requires each deposit beverage distributor to generate to the Department of Health (DOH) a monthly report of total sales to dealers or consumers;
(3) Moves the start date for the payment of fees and deposits from October 1, 2002 to January 1, 2005;
(4) Changes the amount due from deposit beverage distributors to include all containers sold, even those exported out of the State, which were previously excluded;
(5) Requires annual reports by October 15 of each year, for all importers and manufacturers;
(6) Clarifies that dealers shall post a clear and conspicuous sign, which specifies the address and hours of operation of the closest nondealer redemption center, at the primary public entrance of their place of business;
(7) Grants DOH more leeway in siting redemption centers; and
(8) Requires handling fees to be paid within sixty days of the receipt of redemption reports.
Your Committee on Conference has amended this measure by:
(1) Requiring that monthly payment of the deposit beverage fee and deposits shall be made beginning in October 1, 2002, instead of January 1, 2005;
(2) Allowing dealers to charge the deposit to customers at any time before January 1, 2005, rather than allowing dealers to charge the deposit to customers only beginning in October 1, 2004;
(3) Requiring all importers and manufacturers to submit an annual report to DOH by January 31, 2004, and each January 31 thereafter;
(4) Clarifying that if DOH chooses to establish by rules minimum population requirements for areas to be served by a redemption center, these rules shall apply to high-density population areas.
(5) Amending the effective date to be upon approval of the act.
(6) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1456, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1456, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ J. KALANI ENGLISH, Chair |
____________________________ HERMINA M. MORITA, Co-Chair |
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____________________________ RON MENOR, Chair |
____________________________ GLENN WAKAI, Co-Chair |
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____________________________ RUSSELL KOKUBUN, Co-Chair |
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