2441
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BIOLOGICAL MATERIALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to define biological
 
 2 materials and to provide for the recognition under law of
 
 3 biological materials as personal property.  This Act also makes
 
 4 biological materials subject to trade secret protection.
 
 5      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 6 a new chapter to be appropriately designated and to read as
 
 7 follows:
 
 8                             "CHAPTER
 
 9                       BIOLOGICAL MATERIALS
 
10         -1  Definitions.  As used in this chapter:
 
11      "Biological materials" means genetic materials, organisms,
 
12 or parts thereof, or any other biotic component of an ecosystem
 
13 with actual or potential use or value for humanity.
 
14      "Genetic material" means any material of plant, animal,
 
15 microbial, or other origin containing functional units of
 
16 heredity.  Representative examples include bacteria, eukaryotic
 
17 cells, hybridomas, plasmids, viruses, plant tissue cells,
 
18 lichens, and seeds.
 

 
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 1         -2  Personal property.  For all purposes under the laws
 
 2 of this State, biological materials shall be considered personal
 
 3 property."
 
 4      SECTION 3.  Section 482B-2, Hawaii Revised Statutes, is
 
 5 amended by amending the definition of "trade secret" to read as
 
 6 follows:
 
 7      ""Trade secret" means information, including a formula,
 
 8 pattern, compilation, program device, method, technique,
 
 9 biological material, or process that:
 
10      (1)  Derives independent economic value, actual or
 
11           potential, from not being generally known to, and not
 
12           being readily ascertainable by proper means by, other
 
13           persons who can obtain economic value from its
 
14           disclosure or use; and
 
15      (2)  Is the subject of efforts that are reasonable under the
 
16           circumstances to maintain its secrecy."
 
17      SECTION 4.  New statutory material is underscored.
 
18      SECTION 5.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY: ________________________
 

 
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