BIL 079 Draft 01 2012-2014 - Laserfiche WebLink

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(3) The Hawaii State Constitution, Article XI, Section 1 "Conservation and Development of Resources," which states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people."; (4) The Charter of the County of Hawaii, Article XIII, Section 13-29 - "Conservation of Natural and Cultural Resources" - underscores our public trust obligation to conserve and protect our natural environment on this island, and reads: "For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people."; (5) Consistent with our constitutional and Hawaii County Charter public trust obligations, the precautionary principle is the guiding principle with regard to protection of our natural environment. The "Precautionary Principle" mandates that in the case of uncertainty, the government must favor caution and conservation in the event of uncertainty of the impact on the human and natural environment; (6) The United States Constitution, and the 9th Amendment to the United States Constitution, which recognize and secure the fundamental and inalienable right of people to govern themselves; and (7) The 14th Amendment to the United States Constitution, which states in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." SECTION 2. Chapter 14 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article _. Genetically Modified (Transgenic) Organisms Prohibited. Section 14-_ Definitions. As used in this article, unless otherwise specified: "DNA" means deoxyribonucleic acid. "Director" means the director of the department of environmental management. "Organism" means any living thing. "Person" includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity, acting either for himself or for any other person, under personal appointment or pursuant to law. 0