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%p�tw®� ? PHONE: (808)961-8396 <br /> DENNIS '`FRESH O tiTSIII <br /> ' <br /> c FAX (808)961-8912 <br /> C'01111C11 Member' 1*E <br /> ,�* k s.a. :*': EMAIL:donishi' co.lurwaii.lai_us <br /> District ;=�"L" • �t <br /> HAWAII COUNTY COUNCIL <br /> 25 Aupuni Street,Hilo, Hawai'i 96720 <br /> MEMORANDUM <br /> m <br /> —® <br /> DATE: September 23, 2013 N <br /> w <br /> TO: J Yoshimoto, Chair <br /> :7 Fri <br /> And Members of the Hawaii County Council <br /> I <br /> FROM: Dennis "Fresh" Onishi. Council Member 0D <br /> SUBJECT: Proposed amendments to Bill No. 113. <br /> Please find attached proposed amendments to Bill No. 113. The amendments are <br /> illustrated below in Ramseyer format with respect to the contents of Bill No. 113; <br /> material to be deleted is bracketed and stricken through: material to be added is <br /> underscored. A draft copy of Bill No. 11 3. Draft 2, is attached with the proposed <br /> amendments incorporated. <br /> Bill No. 113 is amended to read as follows: <br /> "AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY <br /> CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE <br /> RELATING TO GENETICALLY ENGINEERED CROPS AND PLANTS. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Findings. The public trust doctrine is memorialized in the Hawaii <br /> State Constitution, Article XI, Section 1 "Conservation and Development of Resources," <br /> and in the Charter of the County of Hawaii, Article XIII, Section 13-29 "Conservation of <br /> Natural and Cultural Resources."Pursuant to the public trust doctrine, our natural <br /> resources, including land and water, are entrusted to our care for the benefit of both <br /> current and future generations. The Intermediate Court of Appeals in Kaua`i Springs Inc. <br /> vs. Planning Commission of the County ofKaua`i, dated April 20. 2013. underscored the <br /> importance of the public trust doctrine and the associated precautionary principle. In <br /> Kauai Springs, the Intermediate Court of Appeals reaffirmed that the county government <br /> in its trustee capacity is subject to the precautionary principle and therefore must exercise <br /> a higher level of scrutiny in establishing reasonable measures and making appropriate <br /> Comm. No 3 (3• S(O <br /> Nawai`i Cowi is an Equal Opportunity Provider and Employer. <br /> Ref.To: :Mawr( <br /> n' <br /> Ref. Date <br />