Bill Text: HI HB1158 | 2015 | Regular Session | Introduced


Bill Title: Sustainable Business Corporations; Copyright; Trademark; Intellectual Property

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-02-10 - Passed Second Reading and referred to the committee(s) on LAB with none voting aye with reservations; none voting no (0) and none excused (0). [HB1158 Detail]

Download: Hawaii-2015-HB1158-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1158

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sustainable business corporations.

 

 

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

 


     SECTION 1.  Section 420D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In addition to the general public benefit purpose required by subsection (a), the articles of a sustainable business corporation may identify one or more specific public benefits for which the sustainable business corporation was created.  The identification of a specific public benefit under this subsection shall not limit the obligation of a sustainable business corporation to create a general public benefit.  Allowable specific public benefits for sustainable business corporations subject to this chapter include:

     (1)  Providing low-income or underserved individuals or communities with beneficial products or services;

     (2)  Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

     (3)  Preserving the environment;

     (4)  Improving human health;

     (5)  Promoting the arts, sciences, or advancement of knowledge;

     (6)  Increasing the flow of capital to entities with a public benefit purpose;

     (7)  Accomplishing any other particular benefit for society or the environment; and

     (8)  Using the right to exclude, conferred by any [and all patents] patent, copyright, or trademark in which the sustainable business corporation has an interest [in this right] through assignment, license, lien, security agreement, or obligation, for the following purposes:

         (A)  Creating and retaining good jobs within the State as well as throughout the United States;

         (B)  Upholding fair labor standards nationally and internationally; provided that for purposes of this paragraph, "fair labor standards" shall be construed to prohibit child labor, forced or compulsory labor, discrimination in employment, restrictions on freedom of association, and denial of the right to collective bargaining; and

         (C)  Enhancing environmental protection nationally and internationally; provided that if the public benefit under this paragraph relating to the use of [patents] a patent, copyright, or trademark is specified, section 420D-4 shall not apply to the corporation and the sustainable business corporation status shall be permanent, and this specific public benefit shall not be deleted from the articles of the corporation pursuant to subsection (d), unless the annual statement of the benefit director concludes that the sustainable business corporation has failed to pursue this specific public benefit, then the corporation shall have its status as a sustainable business corporation terminated."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Sustainable Business Corporations; Copyright; Trademark; Intellectual Property

 

Description:

Adds the use of a copyright or trademark for the purpose of job creation or upholding fair labor standards as a specific public benefit for which a sustainable business corporation can be created.

 

 

 

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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