Hawaii 2023 Regular Session

Hawaii Senate Bill SB113 Compare Versions

OldNewDifferences
1-THE SENATE S.B. NO. 113 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE LABELING OF PRODUCTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 113 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE LABELING OF PRODUCTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 113
4-THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
4+THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 113
1212
1313 THIRTY-SECOND LEGISLATURE, 2023
1414
15-S.D. 2
15+S.D. 1
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 RELATING TO THE LABELING OF PRODUCTS.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
47- SECTION 1. Section 201-3.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) No person shall: (1) Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that: (A) Is labeled "Hawaii Made"; or (B) By any other means, represents the origin of the item as being from any place within the State; or (2) Use the phrase "Hawaii Made" as an advertising or media tool, for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property[.]; provided that any calculation to determine whether a non-perishable good has had at least fifty‑one per cent of its wholesale value added by production within the State shall include operating and overhead expenses incurred and spent within the State." SECTION 2. Section 486-119, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State[.]; provided that any calculation to determine whether an item has had at least fifty-one per cent of its wholesale value added by production within the State shall include operating and overhead expenses incurred and spent within the State." SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the promotion and development of the "Made in Hawaii" brand. The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2050.
47+ SECTION 1. Section 201-3.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) No person shall: (1) Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that: (A) Is labeled "Hawaii Made"; or (B) By any other means, represents the origin of the item as being from any place within the State; or (2) Use the phrase "Hawaii Made" as an advertising or media tool, for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property. For the purposes of this subsection, production shall include operating and overhead expenses incurred and spent within the State for non-perishable goods." SECTION 2. Section 486-119, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State. For the purposes of this subsection, production shall include operating and overhead expenses incurred and spent within the State." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the promotion and development of the "Made in Hawaii" brand. The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2023.
4848
4949 SECTION 1. Section 201-3.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
5050
5151 "(c) No person shall:
5252
5353 (1) Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that:
5454
5555 (A) Is labeled "Hawaii Made"; or
5656
5757 (B) By any other means, represents the origin of the item as being from any place within the State; or
5858
5959 (2) Use the phrase "Hawaii Made" as an advertising or media tool,
6060
61-for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property[.]; provided that any calculation to determine whether a non-perishable good has had at least fifty‑one per cent of its wholesale value added by production within the State shall include operating and overhead expenses incurred and spent within the State."
61+for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property. For the purposes of this subsection, production shall include operating and overhead expenses incurred and spent within the State for non-perishable goods."
6262
6363 SECTION 2. Section 486-119, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
6464
65- "(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State[.]; provided that any calculation to determine whether an item has had at least fifty-one per cent of its wholesale value added by production within the State shall include operating and overhead expenses incurred and spent within the State."
65+ "(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State. For the purposes of this subsection, production shall include operating and overhead expenses incurred and spent within the State."
6666
67- SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the promotion and development of the "Made in Hawaii" brand.
67+ SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the promotion and development of the "Made in Hawaii" brand.
6868
6969 The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.
7070
71- SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
71+ SECTION 4. New statutory material is underscored.
7272
73- SECTION 5. This Act shall take effect on July 1, 2050.
73+ SECTION 5. This Act shall take effect on July 1, 2023.
7474
75- Report Title: Made in Hawaii Program; Production; Appropriation Description: Clarifies that calculations to determine whether an item labeled "Hawaii Made" or "Made in Hawaii" has met the requirement that at least 51% of the wholesale value of the product is added by production within the State include operating and overhead expenses incurred and spent within the State. Appropriates funds to promote and develop the "Made in Hawaii" brand. Effective 7/1/2050. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
75+ Report Title: Made in Hawaii Program; Production; Appropriation Description: Clarifies that in calculating whether a non-perishable product labeled "Hawaii Made" or "Made in Hawaii" has met the requirement that at least fifty-one per cent of the wholesale value of the product is added by manufacture, processing, or production within the State; "production" includes operating and overhead expenses incurred and spent within the State. Appropriates funds to promote and develop the "Made in Hawaii" brand. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
76+
77+
7678
7779
7880
7981 Report Title:
8082
8183 Made in Hawaii Program; Production; Appropriation
8284
8385
8486
8587 Description:
8688
87-Clarifies that calculations to determine whether an item labeled "Hawaii Made" or "Made in Hawaii" has met the requirement that at least 51% of the wholesale value of the product is added by production within the State include operating and overhead expenses incurred and spent within the State. Appropriates funds to promote and develop the "Made in Hawaii" brand. Effective 7/1/2050. (SD2)
89+Clarifies that in calculating whether a non-perishable product labeled "Hawaii Made" or "Made in Hawaii" has met the requirement that at least fifty-one per cent of the wholesale value of the product is added by manufacture, processing, or production within the State; "production" includes operating and overhead expenses incurred and spent within the State. Appropriates funds to promote and develop the "Made in Hawaii" brand. (SD1)
8890
8991
9092
9193
9294
9395
9496
9597 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.