HOUSE OF REPRESENTATIVES

H.B. NO.

1056

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

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

 


     SECTION 1.  The legislature finds that the Hawaii is home to diverse climates, soils, traditions, practices, and people that produce a wide variety of high-quality and high-value agricultural products unique to specific geographic regions or "origins."  The production of these products also provides a livelihood for thousands of farmers and families across the State and allows them to be self-sufficient.

     Other states promote and protect their "origin" products, including potatoes from Idaho, onions from Georgia, and wine from California.  Other countries, notably France and Italy, have long protected and promoted specific "appellations" of wine and cheese.  Now, a wide variety of other agricultural products of a given quality, reputation, or characteristic attributable to their geographic origin are known for their "geographical indications."

     The legislature also finds that official certification of origin products is also a crucial requirement for marketing those products globally but is not currently available in Hawaii.  Establishing Hawaii procedures for certification of origin products is therefore necessary and appropriate.

     The concept of geographical indications is recognized internationally and used to define and protect intellectual property rights.  Article 22 of the Trade-Related Aspects of Intellectual Property Rights section of the 1994 General Agreement on Tariffs and Trade defined "geographical indications" as indications that "identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin."

     The legislature further finds that, unlike many other states or countries that produce only a few potential agricultural origin products with recognizable geographical indications, Hawaii has many products that are well-established as originating in Hawaii.  These include coffee, onions, and pineapple as well as a growing number of other products such as tea, cacao, honey, and taro.  Hawaii also produces a variety of tropical fruits that are each grown and promoted as Hawaii origin products because their "given quality, reputation or other characteristic . . . is essentially attributable to its geographic origin," as specified in the above definition of geographical indications.

     In 1978, the Hawaii State Constitution was amended, in pertinent part, to provide specific protections for agricultural lands in the State.  Section 3 of Article XI of the State Constitution provides that "the State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands."  Because geographical indications or origin products have unique qualities, they also have high economic values that support farmers and farming families.  This assures that agriculturally suitable lands will remain available if they are protected and their value is promoted.

     The legislature therefore finds that adopting comprehensive legislation to protect, promote, and certify Hawaii's origin products and their geographical indications will further the mandate of section 3 of article XI of the Hawaii State Constitution to promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands.

     Accordingly, the purpose of this Act is to promote the health and welfare of the citizens of the State by providing a means for the protection, promotion, study, research, analysis, and development of markets relating to the production and promotion of Hawaii-grown origin products and their geographical indications.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII GROWN ORIGIN PRODUCTS

     §   -1  Title.  This chapter shall be known and may be cited as the "Hawaii Grown Origin Products Act".

     §   -2  Definitions.  As used in this chapter:

     "Commission" means the Hawaii grown origin products commission.

     "Entity" means a partnership, corporation, association, or any other legal entity.

     "Geographical indications" means, where not inconsistent with the definition in article 22 of the Trade-Related Aspects of Intellectual Property Rights section of the 1994 General Agreement on Tariffs and Trade, indications that identify a good as originating in the State or a region or locality in the

State, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographic origin.

     "Grower" means a person who derives at least twenty-five per cent of their annual income from the production of Hawaii grown origin products.

     "Hawaii grown origin product" means an agricultural product, including apiary products, grown or produced in a Hawaii origin production area and designated as a Hawaii grown origin product.

     "Hawaii grown origin production area" means a production area for any of the geographical indications of the State or in a region or locality in Hawaii as provided in section    -4.

     "Marketer" means a person or entity that is actively engaged in the marketing of Hawaii grown origin products for human consumption or use.

     "Marketing" means promoting or selling Hawaii grown origin products for human consumption or use.

     "Person" means a natural person.

     "Process" means changing the form of a Hawaii grown origin product from its raw or natural state as a step in creating a product for human consumption or use.

     "Processor" means a person or an entity that is not a grower that derives at least seventy-five per cent of its annual revenue from the processing of Hawaii grown origin products.

     §   -3  Sale of Hawaii grown origin products.  No product shall be identified, classified, packaged, labeled, or otherwise designated for sale inside or outside the State as a Hawaii grown origin product unless the product meets the requirements of this chapter.

     §   -4  Designation of Hawaii grown origin products and Hawaii origin production areas.  (a)  Hawaii grown origin products are those products designated by the Hawaii grown origin products commission that meet one or more of the following criteria:

     (1)  The quality and features of the product are derived essentially or exclusively from its geographic origin including but not limited to the soil in which it is grown, the manner in which it is processed, or its association with established cultural practices or values;

     (2)  The product is developed, processed, and produced within a Hawaii grown origin production area; and

     (3)  Such other criteria as the commission may determine by rulemaking.

     (b)  The Hawaii grown origin production areas shall be the State or the following regions or localities in the State where the products are grown, developed, processed, and produced within a Hawaii grown origin production area, or associated with established cultural practices or values of a Hawaii grown origin production area:

     (1)  The State of Hawaii for Hawaii products;

     (2)  The geographic region of Hamakua for Hamakua products;

     (3)  The geographic region of Kau for Kau products;

     (4)  The geographic region of Kona for Kona products;

     (5)  The geographic region of Puna for Puna products;

     (6)  The geographic region of Volcano for Volcano products;

     (7)  The island of Kauai for Kauai products;

     (8)  The island of Molokai for Molokai products;

     (9)  The island of Maui for Maui products; and

    (10)  The island of Oahu for Oahu products,

that meet one or more of the requirements of subsection (a).

     §   -5  Hawaii grown origin products commission.  (a)  There is established the Hawaii grown products commission that shall be attached to the department of agriculture for administrative purposes.

     (b)  The commission shall be composed of not less than eleven members as follows:

     (1)  One member shall be a marketer or employed by a marketer;

     (2)  One member shall be a processor or employed by a processor; and

     (3)  Nine members shall be growers from each of the Hawaii origin production areas for Hamakua, Kau, Kona, Puna, Volcano, Kauai, Molokai, Maui, and Oahu, provided that no more than one grower shall be engaged in the primary production of any one crop that is either actually or potentially to be designated as a Hawaii grown origin product.

     (c)  Each member shall:

     (1)  Be knowledgeable of the growing, production, processing, and marketing of Hawaii grown origin products;

     (2)  Have been a resident of the State for at least three years prior to appointment to the commission; and

     (3)  Have actual experience growing, producing, marketing, or processing Hawaii grown origin products.

     (d)  The qualifications for each member shall continue throughout the member’s respective term.

     (e)  The appointment, tenure, and removal of the members and the filling of vacancies on the commission shall be as provided in section 26-34; provided that appointments shall be made in consultation with representative marketing and processing interests with respect to the appointments in subsection (c)(1) and (2), respectively, and in consultation with agricultural nonprofit organizations representing the specific origin production area from which each particular grower representative is to be appointed with respect to subsection (c)(3).

     (f)  The members shall elect a chairperson for a term of one year.

     (g)  The members shall serve without compensation but shall be reimbursed for travel and other necessary expenses in the performance of their official duties.

     (h)  A majority of members shall constitute a quorum for the transaction of business and the carrying out of the duties of the commission.

     (i)  The governor may for good cause, and the commission may by rule adopted in accordance with chapter 91, increase the numbers of its members to include representatives of growers, processors, or marketers of new Hawaii grown origin production areas; provided that at least two-thirds of all members of the commission shall be growers.

     §   -6  Responsibilities and duties of the commission.  (a)  The commission shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.  The rules shall include:

     (1)  Application procedures and standards to identify additional Hawaii grown origin products and Hawaii origin production areas;

     (2)  Grades, standards, grade labels, and classifications of the minimum requirements for Hawaii grown origin products; provided that the provisions of the grades, standards, grade labels, and classifications shall:

         (A)  Comply with applicable provisions of federal and state food, drug, and cosmetic acts; and       

         (B)  Reflect the agricultural, horticultural, or other interests of the State; and       

     (3)  Procedures for establishing a registration, inspection, verification, and certification program for the production and marketing of Hawaii origin products inside or outside of the State and further limiting a Hawaii origin production area designated in section -4(b); provided that any Hawaii origin product initially shall be packed in its Hawaii origin production area and no Hawaii origin product may be shipped from its Hawaii origin production area in bulk except as authorized by rule of the commission.

     (b)  Minimum requirements for the grades, standards, grade labels, and classifications established for Hawaii grown origin products shall not be lower than those of any standardized product for which a market has been established; provided that different minimum requirements may be applied to different types of processed Hawaii grown origin products; provided further that, unless specifically authorized by law, any fresh or processed Hawaii origin product shall contain at least ninety-five per cent of the product.  For the purposes of this subsection, "standardized product" means a product that is sanitary and that has been demonstrated to be a commercially acceptable product of the class to which it belongs.

     (c)  The commission may adopt rules, pursuant to chapter 91, that establish or require other hybrids or varieties of existing Hawaii grown origin products that may be developed and have characteristics similar to the existing Hawaii grown origin products.

     §   -7  Variances.  The commission may grant a variance of the Hawaii origin production area requirements of this chapter to any producer who, prior to July 1, 2016, has produced, marketed, and labeled products designated under this chapter as Hawaii grown origin products; provided that no variance shall exceed two years.

     §   -8  Marketing of Hawaii grown origin products.  The commission may develop and implement general and product-specific advertising and other marketing programs, conferences, events, and campaigns to promote Hawaii grown origin products.

     §   -9  Limitations of current Hawaii grown origin products; new Hawaii grown origin products.  The commission may limit the use of the Hawaii grown origin products designation or authorize the inclusion of new Hawaii grown origin products or new varieties of Hawaii grown origin products based on the recommendations of the University of Hawaii college of tropical agriculture and human resources or other organizations within the University of Hawaii system, as designated by the president of the University of Hawaii, the Hawaii Farm Bureau Federation, and the Hawaii Farmers Union United.

     §   -10  Hawaii origin product certification or trademark; fee structure.  (a)  The commission shall create, register, and license a certification or trademark for use on or in connection with the sale or promotion of any Hawaii origin product.

     (b)  The commission shall adopt rules pursuant to chapter 91 that establish fees for the use of the certification or trademark on Hawaii grown origin products, products containing Hawaii grown origin products, and the packaging containing the Hawaii grown origin product; provided that fees for the use of the certification or trademark shall not exceed five cents per pound, or any portion thereof, of a Hawaii grown origin product with which the certification or trademark is used.

     (c)  The commission shall deposit revenues generated by fees established pursuant to subsection (c) into the Hawaii grown origin products special fund established pursuant to section    -11.

     §   -11  Hawaii grown origin products special fund; established.  (a)  There is established in the state treasury the Hawaii grown origin products special fund, into which shall be deposited all fees collected from the use of the certification or trademark on Hawaii grown origin products, products containing Hawaii grown origin products, packaging containing the Hawaii grown origin products, and civil penalties collected pursuant to section    -13; provided that the fund balance in the special fund shall not exceed $       at the end of any fiscal year and any excess of that amount shall be transferred to the general fund; provided that any moneys lapsed to the general fund shall be deposited into a special account and only be appropriated and expended for the purposes of supporting agricultural activities and programs in the State.

     (b)  Moneys in the Hawaii grown origin products special fund shall be expended by the commission to:

     (1)  Identify Hawaii grown origin production areas;

     (2)  Promote and protect Hawaii grown origin products; and

     (3)  Pay costs associated with monitoring the use of certifications and trademarks, prohibiting the unlawful or unauthorized use of certifications and trademarks, and enforcing rights in certifications and trademarks.     

     §   -12  Criminal penalties.  (a)  It shall be unlawful for any person or entity to sell or offer for sale, either inside or outside the State, any product described, packaged, labeled, or otherwise identified as a Hawaii grown origin product unless the product has been designated as a Hawaii grown origin product pursuant to this chapter.  Any person or entity that violates this subsection shall be guilty of a class C felony.

     (b)  Any person or entity that sells a Hawaii grown origin product in a manner in violation of any other section of this chapter or rules adopted pursuant to this chapter shall be guilty of a misdemeanor.

     §   -13  Civil penalties; remedies.  (a)  The commission, after notice and opportunity for a hearing, may fine any person or entity that violates this chapter, or any rule adopted under this chapter, not more than $5,000 for each separate offense.  Each day or instance of violation shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

     (b)  Violation of this chapter or any rule adopted thereunder may be enjoined or abated in a suit filed in the circuit court with appropriate jurisdiction by the commission or the attorney general.  The several circuit courts shall have jurisdiction to prevent and restrain violation of this chapter or any rule effective thereunder.

     (c)  Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter."

     SECTION 3.  Section 147-1, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

     ""Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character[,] that are not designated a Hawaii grown origin product under chapter    , whether or not frozen or packed in ice, whether produced in the State or imported, nuts, and coffee, whether cherry or parchment, or green beans, which have been produced in the State, and raw unprocessed honey, whether produced in the State or imported."

     SECTION 4.  Section 147-2, Hawaii Revised Statutes, is amended to read as follows:

     "§147-2  Duties of department; violations; proceedings; penalties.  [The] Except for matters subject to the control and regulation of the Hawaii grown origin products commission, the department shall administer and enforce this part and rules adopted by the department pursuant thereto.

     The following penalties, remedies, procedures, and actions shall apply in instances of violations and complaints of violations of this part, or of the rules adopted by the department under the authority of this part:

     (1)  Administrative penalty.  The department may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense.  Each day or instance of violation shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this paragraph shall be considered a civil action;

     (2)  Nuisance may be enjoined, abated.  Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit court by the department or the attorney general.  The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this part or of any rule effective thereunder;

     (3)  Misdemeanor.  Any person who violates this part or any rule adopted under this part shall be fined not more than $1,000 or imprisoned not more than one year, or both;

     (4)  The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided or allowed by law with respect to any such violation; and

     (5)  Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter."

     SECTION 5.  Section 147-4, Hawaii Revised Statutes, is amended to read as follows:

     "§147-4  Rules.  [The]  Except for matters subject to the control and regulation of the Hawaii grown origin products commission, the department may make rules, subject to chapter 91:

     (1)  Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;

     (2)  Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;

     (3)  Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;

     (4)  Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";

     (5)  Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month; and

     (6)  Prescribing records to be kept by produce dealers in connection with the purchase, sale, transport for sale, solicitation, or negotiation of sale with respect to an agricultural commodity.

     In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in question and shall also take into consideration the official standards, grades or classifications adopted by the secretary of the Department of Agriculture of the United States, commonly known as U.S. Grades."

     SECTION 6.  Section 147-21, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

     ""Agricultural commodity" means fruits, [[]vegetables[]], nuts, coffee, and raw unprocessed honey[.] that are not designated a Hawaii origin product under chapter    ."

     SECTION 7.  Section 147-22, Hawaii Revised Statutes, is amended to read as follows:

     "§147-22  Rules.  [The] (a)  Except for matters subject to the control and regulation of the Hawaii grown origin products commission, the department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:

     To establish, prescribe, modify, or alter, by rules, such grades, standards, grade labels, and classifications as shall be the minimum requirements for fresh and processed agricultural commodities destined for shipment by commercial exporters to points outside the State; provided that the provisions of such grades, standards, grade labels, and classifications shall not excuse failure to comply with the provisions of the federal and state food, drug, and cosmetic acts.  The department in establishing such rules shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization.  The standards, grades, grade labels, and classifications so established shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State; provided that the minimum requirements for the grades, standards, grade labels, and classifications so established for processed agricultural commodities shall not be higher than that of any standardized product which is sanitary and which has been demonstrated to be a commercially-acceptable product of the class to which it belongs and for which a market has been established; provided further that different minimum requirements may be applied to different styles of processed agricultural commodities; and provided further and unless otherwise regulated by the Hawaii grown origin products commission that any processed pineapple product, in which the fruit ingredient is at least ninety-five per cent pineapple in compliance with the provisions of the federal and state food, drug, and cosmetic acts, may be exported from the State.

     (b)  For the purposes of this section, "standardized product" means a product that is sanitary and that has been demonstrated to be a commercially acceptable product of the class to which it belongs."

     SECTION 8.  Section 147-23, Hawaii Revised Statutes, is amended to read as follows:

     "§147-23  Prohibited acts.  (a)  No commercial exporter shall ship any fresh or processed agricultural commodities to points outside the State unless such products meet the quality, condition, and labeling requirements of the rules adopted under this part[.] and chapter     ."

     SECTION 9.  Section 147-31, Hawaii Revised Statutes, is amended by amending the definition of "flowers and foliage" to read as follows:

     ""Flowers and foliage" means cut flowers, foliage, and plants with roots attached[.] that are not designated a Hawaii grown origin product under chapter     ."

     SECTION 10.  Section 147-32, Hawaii Revised Statutes, is amended to read as follows:

     "§147-32  Rules and regulations.  The department of agriculture shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:

     [To] Except as otherwise regulated by the Hawaii grown origin products commission, to establish, prescribe, modify, or alter, by rules and regulations, which shall have the force and effect of law, grades, standards, and classifications for fresh and processed flowers and foliage, and minimum requirements for fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside, and minimum requirements for containers, packing materials, methods of packing, and requirements for labeling to be used in packaging fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside the State.

     The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization.  The grades, standards, classifications, minimum requirements for flowers and foliage and requirements for containers, packing material, methods of packing, and labeling shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State."

     SECTION 11.  Section 147-51, Hawaii Revised Statutes, is amended by amending the definition of "food product" or "product" to read as follows:

     ""Food product" or "product" means, where not otherwise regulated by the Hawaii grown origin products commission, any and all fruits, vegetables, nuts, and coffee, or part or parts thereof, produced and processed within the State, any and all honey produced and processed within the State or imported, and also any and all fish and fishery products processed within the State."

     SECTION 12.  Section 147-52, Hawaii Revised Statutes, is amended to read as follows:

     "§147-52  Grades, standards and classifications; changes.  The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the United States are hereby declared to be the official standards for grading and classifying such food products for the State; provided that, unless otherwise regulated by the Hawaii grown origin products commission, the department of agriculture may establish and prescribe other and different, or additional, standards for grading and classifying any such products, to the extent permitted by the laws of the United States, which standards, so established and prescribed by the department, shall be the official standards for grading and classifying any such food products for the State.  The department may also establish and prescribe official standards for grading and classifying any or all food products for which no standards have been adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress.  The department may change any standards established and prescribed by it hereunder from time to time."

     SECTION 13.  Section 148-2, Hawaii Revised Statutes, is amended to read as follows:

     "§148-2  Rules and regulations.  [To] Except as otherwise regulated by the Hawaii grown origin products commission, to carry out and effectuate the purpose of this part, the department of agriculture may, subject to chapter 91, establish, prescribe, modify, or alter rules and regulations, which shall have the force and effect of law to control the advertisement of fresh fruits, fresh vegetables, or coffee including requirement for specifying size, grade, geographic origin, or quality, in conjunction with price.

     The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization.  The rules and regulations for controlling advertising and requirements for specifying size, grade, geographic origin, or quality in conjunction with price shall be on the basis of what the department may deem best suited to the interest of the consumer, the producer, and the public."

     SECTION 14.  Section 148-61, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§148-61[]]  Establishment of a seal of quality program.  [There] Except as otherwise regulated by the Hawaii grown origin products commission, there is established within the department of agriculture a seal of quality program, which may include a certificate of origin. This program shall establish official seals of quality for fresh and processed agricultural products that are produced within the State.  The seals of quality may be in the form of seals, brands, labels, or trademarks."

     SECTION 15.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the Hawaii grown origin products special fund.

     SECTION 16.  There is appropriated out of the Hawaii grown origin products special fund the sum of $       or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to implement this Act.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 17.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 18.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 19.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 20.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Agriculture; Regulation; Labeling; Hawaii Grown Origin Products Commission; Established

 

Description:

Establishes the Hawaii Grown Origin Products Commission to identify and regulate the labeling of selected products grown or produced in Hawaii.  Establishes the Hawaii Grown Origin Products Special Fund.  Makes appropriations.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.