Bill Text: HI SB3014 | 2014 | Regular Session | Introduced
Bill Title: Yellow Pages-type Phone Book; Opt-in; Distribution
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-01-30 - The committee on ENE deferred the measure. [SB3014 Detail]
Download: Hawaii-2014-SB3014-Introduced.html
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THE SENATE |
S.B. NO. |
3014 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to solid waste management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that more and more people are getting telephone or address information electronically and that fewer and fewer people are using printed yellow pages-type phone books. The legislature further finds that printed yellow pages-type phone books are a nuisance to those who do not want them and that these unwanted yellow pages-type phone books then end up in the waste stream. In most counties, the waste stream ends up in landfills.
The purpose of this Act is to establish an opt-in system where individuals who want the yellow pages-type phone books will need to indicate that to the yellow pages-type phone book publisher.
SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . yellow pages opt-in
§342G- Definitions. For purposes of this part:
"Display advertising" means business advertising that includes text or non-textual graphic elements.
"Distribute" or "distribution" means the delivery of printed yellow pages-type phone books to the addresses of residents and businesses within the State; provided that distribution shall not include the delivery of printed telephone directories that are not yellow pages-type phone books by telecommunications providers providing local exchange service in the State or membership organizations to their members or to others who have affirmatively requested delivery.
"Distributor" means a person or entity engaged in the business of arranging for the distribution of printed yellow pages-type phone books within the State, including persons or entities that arrange for the publication and distribution of yellow pages-type phone books; provided that the term does not include individuals whose sole role in distribution is limited to making deliveries to residential or business addresses.
"Membership organization" means an organization that is organized and operated primarily or exclusively for the purpose of providing services or benefits to a designated and identifiable group of members.
"Telephone directory" means a publication that consists primarily of a listing of names and telephone numbers.
"Yellow pages-type phone book" means a telephone directory with listings of names and telephone numbers in which individuals or businesses have paid to be included or in which display advertising comprises more than five per cent of the print content as measured in square inches on the page. Yellow pages-type phone books typically have listings divided into categories.
§342G- Distributor registration required; fee. (a) Every distributor of printed telephone directories operating within the State shall register annually with the office using forms prescribed by the coordinator and shall notify the office of any change in previously submitted information within thirty days of the change. No distributor shall distribute printed telephone directories within the State without a current and valid registration pursuant to this part.
(b) Each annual registration pursuant to this part shall be accompanied by a registration fee of $100. Fees and fines collected under this section shall be deposited into the environmental management special fund created by section 342G-63 and shall be expended by the department for the purpose of administering the requirements of this part.
§342G- Registration nontransferable. Registration under this part shall be nontransferable, including between successors in interest.
§342G- Distributor's annual reports. (a) Every distributor registered pursuant to this part shall include with the distributor's initial registration and each annual renewal, an accurate annual report describing the quantity in numbers of units as well as in weight of printed yellow pages-type phone books distributed annually within the State during the previous calendar year. The director may specify additional information to be included in the report by rules adopted pursuant to chapter 91.
(b) Failure to submit a complete and accurate annual report as required by this section constitutes a violation of this part and shall invalidate a distributor's registration.
§342G- Opt-in requirements. (a) Starting January 1, 2016, no distributor shall distribute a printed yellow pages-type phone book to any individual or business that has not specifically requested to receive such a printed yellow pages-type phone book within the past four years.
(b) A request from any individual or business to receive a printed yellow pages-type phone book shall be in writing or in electronic form approved by the department and shall be valid for four years.
(c) The department shall investigate complaints received by the department.
§342G- Recyclable content. The content of all yellow pages-type phone books and any materials included within yellow pages-type phone books at the time of delivery shall be recyclable within the county of delivery.
§342G- Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:
(1) Adopt, amend, or repeal rules in accordance with chapter 91 for the purpose of carrying out the requirements of this part;
(2) Enforce this part and any rules adopted pursuant to this part, including assessing fines or imposing penalties;
(3) Invalidate the registration of a distributor for a violation of this part or of the rules of the director;
(4) Investigate any person or entity and hold administrative hearings in accordance with chapter 91 for suspected violations of this part;
(5) Impose penalties authorized by this part or the rules of the director; and
(6) Delegate all functions, except rulemaking authority, to the coordinator or any other person for the administration of this part.
§342G- Civil penalty. Any person who fails to comply with this part shall be subject to a civil penalty of not more than $100 per violation; provided that the distribution of a printed yellow pages-type phone book to an individual or business pursuant to a written request submitted within the previous four years by a previous occupant of the address occupied by the complainant shall not constitute a violation of this part. The director is authorized to initiate legal action as necessary to enforce this part.
§342G- Exemption. The director may, by rule adopted pursuant to chapter 91, specify criteria for exemption of a distributor from the requirements of this part; provided that the criteria for an exemption shall require a distributor to demonstrate to the satisfaction of the director that the distributor has an effective system in place to assure the distribution of yellow pages-type phone books only to those individuals and businesses that affirmatively request delivery."
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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Yellow Pages-type Phone Book; Opt-in; Distribution
Description:
Establishes a registration fee for distributors of telephone directories. Beginning January 1, 2016, prohibits distributors of telephone directories from distributing yellow page-type phone books to individuals or businesses that do not specifically request them.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
