CONFERENCE COMMITTEE REP. NO. 164-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 2843

       S.D. 2

       H.D. 3

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2843, S.D. 2, H.D. 3, entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC DEVICE RECYCLING,"

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 measure is to encourage the recycling of electronic devices sold within the State by establishing an electronic device recycling program.

     Your Committee has amended this measure to:

     (1)  Exempt all telephones regardless of screen size;

     (2)  Specify that "manufacturer" shall not include persons located in the State who manufacture specialized computers and have sales of no more than one hundred computers per year;

     (3)  Clarify that "sell" or "sale" means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases;

     (4)  Stipulate March 31, 2011 as the deadline for each manufacturer to initially submit to the DOH the total weight of all covered electronic devices recycled in the previous year;

     (5)  Require the DOH, by July 1, 2011, and annually thereafter, to publish a ranking of all manufacturers selling covered electronic devices in the State;

     (6)  Require the DOH to maintain a toll-free number with current information on where to return covered electronic devices for recycling;

     (7)  Authorize the Attorney General to enforce this measure and take necessary action against any manufacturer or retailer for failure to comply;

     (8)  Authorize the DOH to impose by order administrative penalties and to set, charge, and collect administrative fines and to recover administrative fees and costs;

     (9)  Establish within the DOH a temporary working group to develop a plan to establish, conduct, and manage a program for the collection, transportation, and recycling of televisions sold in the State, to be implemented no later than January 1, 2010;

    (10)  Redefine "covered electronic devices";

    (11)  Omit the appropriation of funds for the establishment of the electronic device recycling program;

    (12)  Change the effective date to July 1, 2008; and

    (13)  Make technical, nonsubstantive amendments for the 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 S.B. No. 2843, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2843, S.D. 2, H.D. 3, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ HERMINA MORITA, Co-Chair	____________________________ RON MENOR, Chair
____________________________ KYLE T. YAMASHITA, Co-Chair	____________________________ ROSALYN H. BAKER, Co-Chair
____________________________ MARCUS R. OSHIRO, Co-Chair	____________________________ CAROL FUKUNAGA, Co-Chair