Bill Text: HI HB326 | 2023 | Regular Session | Introduced
Bill Title: Relating To Plastic Straws.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2023-01-25 - Referred to ECD, CPC, FIN, referral sheet 1 [HB326 Detail]
Download: Hawaii-2023-HB326-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
326 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to plastic straws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
While the legislature encourages consumers to change their habits and refuse plastic straws, legislative action can have a more effective impact on the abundant use of plastic straws. Seattle, Washington was the first jurisdiction to prohibit the sale and distribution of plastic straws in 2018. Since then, many more have passed and are considering similar legislation. The legislature also finds that when a straw is necessary, there are numerous alternatives, including reusable and paper straws.
The purpose of this Act is to prohibit the distribution, sale, or provision of plastic straws by individuals and businesses, and establish a fine for violators.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Plastic straws; prohibited. (a) Except as provided by subsection (c), no individual or business shall distribute, sell, or otherwise provide a straw composed in full or in part of plastic.
(b)
Any individual or business who violates subsection (a) shall be fined not
less than $100 and not more than $500 for each offense.
(c)
A business may provide a single-use plastic straw, upon request, to an
individual for whom a non-plastic straw is unsuitable due to a medical or
physical condition. A business may
purchase or otherwise acquire single-use plastic straws in sufficient numbers
to meet the needs of individuals who request plastic straws due to a medical or
physical condition. Nothing in this
section shall conflict, or be construed to conflict, with the Americans with
Disabilities Act, the Disabled Persons Act, or other applicable laws concerning
the rights of individuals with disabilities.
(d) As used in this section:
"Business" means any
commercial enterprise or establishment operating in the State, including any
individual proprietorship, joint venture, partnership, corporation, limited
liability company, or other legal entity, whether for profit or not for profit,
and includes all employees of the business or any independent contractors
associated with the business.
"Plastic" means any material
made of polymeric organic compounds and additives that can be shaped by flow."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2024.
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INTRODUCED BY: |
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Report Title:
Plastic Straws; Prohibition; Fine; Exemption
Description:
Prohibits the distribution, sale, and provision of plastic straws, except for those who request single-use plastic straws for medical reasons. Establishes a fine for violators. Takes effect 1/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
