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Home My WebLink AboutORD 2008-154 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. 361 ORDINANCE NO. ®~ a-$4 (Dtu~ET z) AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE RESTRICTION OF GENETICALLY ENGINEERED TARO (KALO) AND COFFEE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, 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 Eneineered (Trans¢enic) Taro (kalo) and Coffee. Section 14- Purpose. The pumose of this article is to protect the taro (kalo) and coffee industry from genetic en ineering and preserve agriculturally-based practices and cultural traditions associated with taro (kalo) and coffee within the County of Hawaii. Section 14- .Definitions, hereditary apparatus of a living cell is altered, modified, or chanced so that the cell can produce more or different chemicals or perform completely new functions. "Person" includes natural persons, partnerships, joint ventures, societies associations, clubs, trustees, trusts or corporations or any officer a ent employee factor, or any other personal representative thereof, in any capacity actin¢ either for himself or for any other person, under personal appointment or pursuant to law. "Recombinant DNA" means the transfer of genes, regulatory sequences or nucleic acid between hosts by the use of vectors or laboratory manipulations and includes the insertion, excision, duplication, inactivation, or relocation of specific eenes re ulatorv sequences or sections of nucleic acid This term does not~a ply to a material or an o~anism developed exclusively through traditional methods of breedine, organisms, or the product of a eenetically engineered organism into the open environment. Section 14- .Genetically engineered (transeenicl taro (kalol, unlawful. It shall be unlawful for any person to test, propagate, cultivate, raise plant grow introduce or release genetically engineered (tran~enic) or recombinant DNA taro (kalo) THIS WILL VERIFY THAT TWO-THIRDS OF THE MEMBERSHIP OF THE HAWAII COUNTY COUNCIL VOTED TO OVERRIDE THE MAYOR'S VETO ON BILL 361, DRAFT 2. COUNCIL CHAIR Sectionl4- .Genetically engineered (transgenic) coffee, unlawful. It shall be unlawful to test, propagate, cultivate, raise, plant, Brow, introduce or release genetically engineered (transgenic) or recombinant DNA coffee. Section 14- .Penalty. Anv person violatine any provision of this article shall be guilty of a violation, and upon conviction thereof, shall be sentenced by a fine not exceedin $g 1=000. Section 14- Iniunctive relief. Proceedin sg fot injunctive relief in a court of competent jurisdiction may be heard for potential violations of this article." SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given without the invalid provision or application, and to this end, the provisions of this ordinance aze declared to be severable. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL BER, COUNTY. HAWAII Hilo , Hawaii Date of Introduction: September 24, 2008 Date ofls`Reading: September 24, 2008 Date oft"d Reading: October 8, 2008 Effective Date: November 13, 2008 REFERENCFa Comm. 1424.44 2 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: Firs[ Reading: Published: Override Vote: _ To Mayor: N/A Returned: October 30, 2008 Effective: Novetber 13, 2008 Published: November 22, 2008 REA4~IRKS: November 13, 2008 - Reconsidered ROLL CALL VOTE AYES NOES ABS EX Ford Higa Hoffmann Ikeda Jacobson Naeole Pilago Yagong Yos ' oto ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffinann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yashimoto X 7 0 2 0 / DO HEREB}'CERT/FYlhat the foregoing BILL was adopted indicated above. ~ APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date Approved/Disnpproved this dory 20 November 13, 2008 the County Council published as . ~ COUNT LE~ 361 (Draft 2) Bill No.: C-1424.44/EMC-17 Reference: Ord No.: ®~ ,Lr.9'~ MAYOR, COUNTYOF HAWAI'1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo. Hawaii Introduced By: K. Angel Pilago Date Introduced: September 24, 2008 First Reading: September 24, 2008 Published: October 3, 2008 REM~I RK.S: Second Reading: October 8, 2008 To Mayor: October 16, 2008 Returned: October 30, 20_08 Effective: Novetnbe'r 13, 2008 Published: N/A REMARKS: Mayor's Veto - October 30. 2008 1 CG' ,','BREBY CERTIFY shat the foregoing BILL was adopted i+iditate.>f above. C- (Draft 2) ROLL CAl'~ VOT AYES NOES is -- ABS'i;. ~ EX Ford X -~ ~ ~~- Higa X ~ Hoffmann X ~` ' `'" `~.~~ Ikeda X~ ~ `- =; Jacobson X _ ~ t ' Naeole X Pilago X Yagong X Yoshimoto X 6 3 0 0 ROLL CALL VOTE AYES NOES ABS,i EX Ford X i Higa X Hoffmann X Ikeda X Jacobson X I Naeole X Pilago X ~i -~ -- Yagong X - - ~~--- Yoshimoto X ~ 4 ~ ' 9 0 ;-- -~-- ~, ~ l ~OI~1~9 AND LEGALITY: DEPUTY CORPO TION COUNSEL COUNTY OF HA AI'I Date c?~bct' the County Council published as ~~~~ ~'OUNT•YJC'LERK Approved/ tsappraved is 30`x`' day ~,~ Odvber , zo 08 YOR, CO ' ~ HAWAI `I 361 (Draft 2) Bill No.: __ C-1424.44/EMC-17 Reference: ~ Ord No.: ~~ Ordinance No. 08-154 (Bi11361, Draft 2) An Ordinance Amending Chapter 14, General Welfare, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Restriction of Genetically Engineered Taro (Kato) and Coffee. Date Approved: November 13, 2008 Date Effective: November 13, 2008 Copies of the forgoing ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that Ordinance Bill 361, Draft 2, passed upon reconsideration after veto, pursuant to Section 3-12, County Charter, County of Hawaii, at the meeting of the County Council on November 13, 2008, by the following "aye" and "no" vote: AYES: Council Members Ford, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 7. ABSENT: Council Members Higa and Ikeda -- 2.. ~~~~ County Clerk County of Hawaii (Hawai`i Tribune-Herald/West Hawaii Today: November 22, 2008)