Hawaii 2024 Regular Session

Hawaii House Bill HB477 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 477 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to special number plates. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 477
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	477
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to special number plates.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the Honolulu Museum of Art, which will celebrate its one hundred year anniversary in 2027, should be recognized for serving the people of Hawaii as a public, inclusive, not-for-profit institution and vital part of the State's cultural landscape. Housed in a historic building in the heart of Honolulu, the Honolulu Museum of Art is home to a commendable encyclopedic collection of more than fifty-five thousand artworks, offering the community engagement with global art spanning millennia. The legislature further finds that through educational programs meant to enrich the Honolulu Museum of Art experience for people of all ages, such as school tours and educator resources for arts curricula, including outreach to the neighbor islands, professional development training, semester long courses, artist and curator talks, independent film screenings, and community events, the Honolulu Museum of Art remains committed to nourishing the State's art and culture ecosystem. The Honolulu Museum of Art strives to uphold its vision to inspire and uplift the community through transformative art experiences that celebrate creativity, cultivate wonder, foster empathy, and enhance knowledge in order to deepen the connection with one another and the world everyone shares. The purpose of this Act is to authorize the issuance of special number plates to commemorate the Honolulu Museum of Art. SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§249- Special number plates; Honolulu Museum of Art authorized. (a) Notwithstanding any law to the contrary, the director of finance shall issue to any registered owner of a motor vehicle, who is a resident of the State and has completed the application and paid the required fees, a special number plate for the registered owner's motor vehicle that commemorates the Honolulu Museum of Art and its contribution to Hawaii. (b) The director of finance of the city and county of Honolulu, in consultation with the directors of finance of the counties of Kauai, Maui, and Hawaii; the chiefs of police of the city and county of Honolulu and the counties of Kauai, Maui, and Hawaii; and the director of the Honolulu Museum of Art, shall establish a special number plate design that: (1) Contains words, images, or both, that indicate the special number plate is issued to commemorate the Honolulu Museum of Art; (2) Is similar in shape and size to the uniform state number plate prescribed by law; and (3) Does not obstruct the visibility of the number or letters or any other information that is required by law to be on a number plate and is readily identifiable and distinguishable under actual traffic conditions. (c) The special number plate design shall not: (1) Infringe upon or otherwise violate any trademark, trade name, service mark, copyright, or other proprietary or property right; (2) Represent any obscene or degrading image, idea, word, or phrase; (3) Advertise or endorse a product, brand, or service that is provided for sale; (4) Promote any religious belief; or (5) Promote any philosophy based on prejudice or that is contrary to state civil rights laws. (d) Each special number plate shall be securely fastened to the motor vehicle in lieu of the uniform state number plate. (e) The director of finance shall charge a special number plate fee at least equal to the county's cost of providing the special number plate and administrative costs, if any, plus a fundraising fee to be determined by the director of finance in consultation with the director of the Honolulu Museum of Art. The fundraising fee shall be in addition to any other state or county fees collected for a motor vehicle registration or license plate. (f) The director of finance may charge an additional fundraising fee, of the same or a different amount as the fundraising fee established pursuant to subsection (e), for the renewal of a special number plate. If an additional fundraising fee is implemented pursuant to this subsection, the director of finance shall revoke the special number plate of the registered owner of a motor vehicle who fails to pay the additional fundraising fee imposed by this subsection. (g) The revenue generated by the fundraising fees, or a portion of the revenue generated by the fundraising fees as determined by the director of finance, shall be deposited in the name of the Honolulu Museum of Art in a separate account. The director of finance shall determine the most efficient means of directing the revenue generated by the fundraising fees to the Honolulu Museum of Art. (h) The director of finance may revoke all special number plates issued pursuant to this section if the total number of registered owners of motor vehicles that obtain the special number plates is less than one hundred fifty within three years of issuance of the first special number plate. (i) Nothing in this section shall be construed to apply to any plates issued pursuant to sections 249-9.2, 249-9.5, 249-9.6, or 249-9.7." SECTION 3. Section 249-9.2, Hawaii Revised Statutes, is amended to read as follows: "§249-9.2 Special number plates; military service. (a) In lieu of the number plates contracted on behalf of the counties by the director of finance of the city and county of Honolulu, the director of finance shall provide, for a fee, one set of special number plates upon the receipt of an application together with: (1) Specific proof that the applicant was awarded the Purple Heart by the United States Department of Defense for wounds received in military or naval combat against an armed enemy of the United States; (2) Certification that the applicant is a veteran; (3) Specific proof that the applicant was serving the United States in the military or as a civilian, on Oahu, or offshore at a distance of not more than three miles at the time of the December 7, 1941, attack on Pearl Harbor. Certification from the Hawaii state chairperson of the Pearl Harbor Survivors Association shall constitute sufficient proof; (4) Specific proof that the applicant was confined as a prisoner of war while providing military service to the United States; (5) Certification from the United States Department of Veterans Affairs or the state office of veterans' services that the applicant is a combat veteran or a veteran of the Vietnam conflict, the Korean conflict, World War II, or the Persian Gulf conflict; or (6) Specific proof that the applicant would qualify for a gold star lapel button under the criteria established by title 10 United States Code section 1126; provided that the applicant shall not be disqualified for the special number plates because the applicant is the grandparent of the deceased member of the United States armed forces; provided that applicants, except civilian applicants under paragraph (3) and civilian applicants and applicants who are currently serving the United States in the military under paragraph (6), shall also provide a copy of the applicant's most recent discharge paper or separation document that indicates an honorable discharge or general (under honorable conditions) discharge from active duty. (b) The design of the plates for: (1) Purple heart recipients shall include the words "COMBAT WOUNDED"; (2) Veterans shall include the word "VETERAN"; (3) Pearl Harbor survivors shall include the words "PEARL HARBOR SURVIVOR"; (4) Former prisoners of war shall include the words "FORMER PRISONER OF WAR"; (5) Combat veterans shall include the words "COMBAT VETERAN"; (6) Veterans of the Vietnam conflict shall include the words "VIETNAM VETERAN"; (7) Veterans of the Korean conflict shall include the words "KOREA VETERAN"; (8) Veterans of World War II shall include the words "WORLD WAR II VETERAN"; (9) Veterans of the Persian Gulf conflict shall include the words "PERSIAN GULF VETERAN"; and (10) Gold star family members, including grandparents, shall include the words "GOLD STAR FAMILY". These designations shall be imprinted on the left side of the license plates in a manner similar to congressional and honorary consul license plates. (c) Registration certificates and license plates issued under this section shall not be transferable to any other person. Special number plates for military service shall be assigned to a noncommercial passenger motor vehicle, a noncommercial motorcycle, or motor scooter registered in the name of the qualified applicant and shall be available in any category of special number plates for military service. Prior to the transfer of the ownership of the qualified person's vehicle to another party, the special number plates shall be surrendered to the director of finance as a condition to the issuance of replacement special number plates; provided that the director of finance shall allow the survivor of the qualified person, upon request, to retain the front special number plate as a memorial. (d) The director of finance shall authorize the design of a license plate that is readily identifiable and distinguishable under actual traffic conditions and shall adopt rules pursuant to chapter 91 to carry out this section. (e) Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.5, 249-9.6, 249-9.7, or 249- ." SECTION 4. Section 249-9.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows: "(i) Nothing in this section shall be construed to apply to any plates issued pursuant to [sections] section 249-9.2 [and], 249-9.6[.], 249-9.7, or 249- ." SECTION 5. Section 249-9.6, Hawaii Revised Statutes, is amended as follows: 1. By amending its title to read: "[[]§249-9.6[]] Special number plates; Polynesian Voyaging Society authorized." 2. By amending subsection (i) to read: "(i) Nothing in this section shall be construed as to apply to any plates issued pursuant to [sections] section 249-9.2 [or], 249-9.5[.], 249-9.7, or 249- ." SECTION 6. Section 249-9.7, Hawaii Revised Statutes, is amended as follows: 1. By amending its title to read: "[[]§249-9.7[]] Special number plates for environmental conservation; authorized." 2. By amending subsection (h) to read: "(h) Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.2[.], 249-9.5, 249-9.6, or 249- ." SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the Honolulu Museum of Art, which will celebrate its one hundred year anniversary in 2027, should be recognized for serving the people of Hawaii as a public, inclusive, not-for-profit institution and vital part of the State's cultural landscape. Housed in a historic building in the heart of Honolulu, the Honolulu Museum of Art is home to a commendable encyclopedic collection of more than fifty-five thousand artworks, offering the community engagement with global art spanning millennia.
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51	51	The legislature further finds that through educational programs meant to enrich the Honolulu Museum of Art experience for people of all ages, such as school tours and educator resources for arts curricula, including outreach to the neighbor islands, professional development training, semester long courses, artist and curator talks, independent film screenings, and community events, the Honolulu Museum of Art remains committed to nourishing the State's art and culture ecosystem. The Honolulu Museum of Art strives to uphold its vision to inspire and uplift the community through transformative art experiences that celebrate creativity, cultivate wonder, foster empathy, and enhance knowledge in order to deepen the connection with one another and the world everyone shares.
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53	53	The purpose of this Act is to authorize the issuance of special number plates to commemorate the Honolulu Museum of Art.
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55	55	SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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57	57	"§249- Special number plates; Honolulu Museum of Art authorized. (a) Notwithstanding any law to the contrary, the director of finance shall issue to any registered owner of a motor vehicle, who is a resident of the State and has completed the application and paid the required fees, a special number plate for the registered owner's motor vehicle that commemorates the Honolulu Museum of Art and its contribution to Hawaii.
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59	59	(b) The director of finance of the city and county of Honolulu, in consultation with the directors of finance of the counties of Kauai, Maui, and Hawaii; the chiefs of police of the city and county of Honolulu and the counties of Kauai, Maui, and Hawaii; and the director of the Honolulu Museum of Art, shall establish a special number plate design that:
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61	61	(1) Contains words, images, or both, that indicate the special number plate is issued to commemorate the Honolulu Museum of Art;
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63	63	(2) Is similar in shape and size to the uniform state number plate prescribed by law; and
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65	65	(3) Does not obstruct the visibility of the number or letters or any other information that is required by law to be on a number plate and is readily identifiable and distinguishable under actual traffic conditions.
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67	67	(c) The special number plate design shall not:
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69	69	(1) Infringe upon or otherwise violate any trademark, trade name, service mark, copyright, or other proprietary or property right;
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71	71	(2) Represent any obscene or degrading image, idea, word, or phrase;
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73	73	(3) Advertise or endorse a product, brand, or service that is provided for sale;
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75	75	(4) Promote any religious belief; or
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77	77	(5) Promote any philosophy based on prejudice or that is contrary to state civil rights laws.
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79	79	(d) Each special number plate shall be securely fastened to the motor vehicle in lieu of the uniform state number plate.
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81	81	(e) The director of finance shall charge a special number plate fee at least equal to the county's cost of providing the special number plate and administrative costs, if any, plus a fundraising fee to be determined by the director of finance in consultation with the director of the Honolulu Museum of Art. The fundraising fee shall be in addition to any other state or county fees collected for a motor vehicle registration or license plate.
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83	83	(f) The director of finance may charge an additional fundraising fee, of the same or a different amount as the fundraising fee established pursuant to subsection (e), for the renewal of a special number plate. If an additional fundraising fee is implemented pursuant to this subsection, the director of finance shall revoke the special number plate of the registered owner of a motor vehicle who fails to pay the additional fundraising fee imposed by this subsection.
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85	85	(g) The revenue generated by the fundraising fees, or a portion of the revenue generated by the fundraising fees as determined by the director of finance, shall be deposited in the name of the Honolulu Museum of Art in a separate account. The director of finance shall determine the most efficient means of directing the revenue generated by the fundraising fees to the Honolulu Museum of Art.
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87	87	(h) The director of finance may revoke all special number plates issued pursuant to this section if the total number of registered owners of motor vehicles that obtain the special number plates is less than one hundred fifty within three years of issuance of the first special number plate.
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89	89	(i) Nothing in this section shall be construed to apply to any plates issued pursuant to sections 249-9.2, 249-9.5, 249-9.6, or 249-9.7."
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91	91	SECTION 3. Section 249-9.2, Hawaii Revised Statutes, is amended to read as follows:
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93	93	"§249-9.2 Special number plates; military service. (a) In lieu of the number plates contracted on behalf of the counties by the director of finance of the city and county of Honolulu, the director of finance shall provide, for a fee, one set of special number plates upon the receipt of an application together with:
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95	95	(1) Specific proof that the applicant was awarded the Purple Heart by the United States Department of Defense for wounds received in military or naval combat against an armed enemy of the United States;
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97	97	(2) Certification that the applicant is a veteran;
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99	99	(3) Specific proof that the applicant was serving the United States in the military or as a civilian, on Oahu, or offshore at a distance of not more than three miles at the time of the December 7, 1941, attack on Pearl Harbor. Certification from the Hawaii state chairperson of the Pearl Harbor Survivors Association shall constitute sufficient proof;
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101	101	(4) Specific proof that the applicant was confined as a prisoner of war while providing military service to the United States;
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103	103	(5) Certification from the United States Department of Veterans Affairs or the state office of veterans' services that the applicant is a combat veteran or a veteran of the Vietnam conflict, the Korean conflict, World War II, or the Persian Gulf conflict; or
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105	105	(6) Specific proof that the applicant would qualify for a gold star lapel button under the criteria established by title 10 United States Code section 1126; provided that the applicant shall not be disqualified for the special number plates because the applicant is the grandparent of the deceased member of the United States armed forces;
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107	107	provided that applicants, except civilian applicants under paragraph (3) and civilian applicants and applicants who are currently serving the United States in the military under paragraph (6), shall also provide a copy of the applicant's most recent discharge paper or separation document that indicates an honorable discharge or general (under honorable conditions) discharge from active duty.
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109	109	(b) The design of the plates for:
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111	111	(1) Purple heart recipients shall include the words "COMBAT WOUNDED";
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113	113	(2) Veterans shall include the word "VETERAN";
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115	115	(3) Pearl Harbor survivors shall include the words "PEARL HARBOR SURVIVOR";
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117	117	(4) Former prisoners of war shall include the words "FORMER PRISONER OF WAR";
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119	119	(5) Combat veterans shall include the words "COMBAT VETERAN";
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121	121	(6) Veterans of the Vietnam conflict shall include the words "VIETNAM VETERAN";
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123	123	(7) Veterans of the Korean conflict shall include the words "KOREA VETERAN";
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125	125	(8) Veterans of World War II shall include the words "WORLD WAR II VETERAN";
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127	127	(9) Veterans of the Persian Gulf conflict shall include the words "PERSIAN GULF VETERAN"; and
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129	129	(10) Gold star family members, including grandparents, shall include the words "GOLD STAR FAMILY".
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131	131	These designations shall be imprinted on the left side of the license plates in a manner similar to congressional and honorary consul license plates.
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133	133	(c) Registration certificates and license plates issued under this section shall not be transferable to any other person. Special number plates for military service shall be assigned to a noncommercial passenger motor vehicle, a noncommercial motorcycle, or motor scooter registered in the name of the qualified applicant and shall be available in any category of special number plates for military service. Prior to the transfer of the ownership of the qualified person's vehicle to another party, the special number plates shall be surrendered to the director of finance as a condition to the issuance of replacement special number plates; provided that the director of finance shall allow the survivor of the qualified person, upon request, to retain the front special number plate as a memorial.
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135	135	(d) The director of finance shall authorize the design of a license plate that is readily identifiable and distinguishable under actual traffic conditions and shall adopt rules pursuant to chapter 91 to carry out this section.
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137	137	(e) Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.5, 249-9.6, 249-9.7, or 249- ."
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139	139	SECTION 4. Section 249-9.5, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
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141	141	"(i) Nothing in this section shall be construed to apply to any plates issued pursuant to [sections] section 249-9.2 [and], 249-9.6[.], 249-9.7, or 249- ."
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143	143	SECTION 5. Section 249-9.6, Hawaii Revised Statutes, is amended as follows:
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145	145	1. By amending its title to read:
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147	147	"[[]§249-9.6[]] Special number plates; Polynesian Voyaging Society authorized."
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149	149	2. By amending subsection (i) to read:
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151	151	"(i) Nothing in this section shall be construed as to apply to any plates issued pursuant to [sections] section 249-9.2 [or], 249-9.5[.], 249-9.7, or 249- ."
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153	153	SECTION 6. Section 249-9.7, Hawaii Revised Statutes, is amended as follows:
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155	155	1. By amending its title to read:
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157	157	"[[]§249-9.7[]] Special number plates for environmental conservation; authorized."
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159	159	2. By amending subsection (h) to read:
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161	161	"(h) Nothing in this section shall be construed to apply to any plates issued pursuant to section 249-9.2[.], 249-9.5, 249-9.6, or 249- ."
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163	163	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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165	165	SECTION 8. This Act shall take effect upon its approval.
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169	169	INTRODUCED BY: _____________________________
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171	171	INTRODUCED BY:
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179	179	Report Title: Special Number Plates; Honolulu Museum of Art; Commemoration Description: Authorizes the issuance of special number plates to commemorate the Honolulu Museum of Art. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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185	185	Report Title:
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187	187	Special Number Plates; Honolulu Museum of Art; Commemoration
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191	191	Description:
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193	193	Authorizes the issuance of special number plates to commemorate the Honolulu Museum of Art.
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201	201	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.