HomeMy WebLinkAboutCOM 0931.017 1996-1998
HARRY ELIASON 155 Wailuku Drive
ATTORNEY AT LAW Hilo, Hawaii %720
808-934-0461 Phone
808-934-0532 Fax
E-mail Address:
heliason(aaol.com
August 5, 1998 RECFJVED "It-
-
RE: Testimony Concerning Bill 276 'e"- - By
Go ty CouncB
Chairman Arakaki and members of the Council: My name is Harry Eliason. I am
an attorney and a farmer. I practice in Hilo and along with my family we have a
rambutan orchard in the Hamakua area.
As a farmer, I am very concerned that the proposed Initiative against post-harvest
treatment will effectively end any real opportunity for Hawaii to develop an agricultural
industry that would be capable of employing a large number of our fellow citizens in
good-paying jobs and allow the development of true family farming.
As a lawyer I am very concerned that the Initiative proposal violates Federal
Statutory and Constitutional law. My three major points are as follows:
First. The Federal government has pre-empted the states from establishing laws
that regulate nuclear energy. The Federal government has designated the Nuclear
Regulatory Commission as the agency to establish rules and regulations to insure that
nuclear energy is used in safe and effective ways to improve the lives of Americans. This
commission has the knowledge, resources and expertise to develop a rational approach to
the proper use of nuclear energy. Individual communities or counties do not have the
resources or expertise to legislate in the area of nuclear energy.
Second. Bill Number 276 is clearly an effort to deprive only one industry in
Hawaii from using the benefits of nuclear energy, namely, farmers. There are currently
five nuclear sites on the Big Island. Hilo Medical Center, North Hawaii Community
Hospital, Keahole Associates in Kona, Yamada & Sons in Hilo and M. Sonomura
Contracting in Hilo. Products that have been irradiated are in every day use on Big
Island, especially by the medical community. We hear no complaints in the community
as to the use of nuclear energy to assist these business render good and proper services to
Big Island residents. /J2 / ~7
Comm. No.
Mle No.
Ref. To: Pres n Couwu~
1W 1 5 t998
Irradiation for use in food processing is a post-harvest treatment process that has
been successfully used worldwide for some 44 years. Every major health, safety and
governmental organization worldwide has approved its use for food processing. To
deprive Hawaii farmers of this useful and safe tool in their industry while others use it
raises the issue of the equal protection of the laws that is guaranteed to all people by the
Constitution.
Third. The Council has not had the proposed ordinance reviewed by the Attorney
General to render an opinion on the legality or constitutionality of the proposal. 1 do not
believe it is appropriate for the Council to send this proposed ordinance to the people for
vote without first securing an opinion from the Attorney General that the proposed
ordinance is legally defensible. I believe the most responsible act the Council could do
concerning this proposed ordinance is to vote against approving the proposed ordinance
and to refer the legal questions to the Attorney General for her opinion.
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