As an outsider, I believe that Puerto Rico is subject to Federal Law and that they use metric units except where Federal Law demands otherwise.
From: [email protected] [mailto:[email protected]] On Behalf Of John M. Steele Sent: 10 February 2013 11:36 To: U.S. Metric Association Subject: [USMA:52349] Re: Hawaii "Metric Bill" (HB 36) >From another post, Rhoads "remains interested" but the bill "isn't a priority" >and he is too busy to meet on it? It isn't going anywhere! I agree with your >comments that the legislature will be mostly concerned with the opinion of >(voting) citizens of Hawaii. On the legal issue, I would argue Congress has "fixed" (broken??) TWO systems of weights and measures. There is ample precedent for the States choosing which they use. While Congress declared metric was "preferred," they also said FWHA couldn't force metric on the States, yet metric is mandated on Federal building projects. The MUTCD has allowed the States to choose metric/Customary sign dimensions and metric/Customary sign messages for years; of course, they all chose Customary. Given that "metric is preferred" the Feds would look idiotic if they attempted to force Customary on an unwilling State. The law may or may not need work. If Hawaii leaves a lot of the detail up to State agencies (as the Federal government does), it may be sufficient to write "policy level" law. The existing FPLA is written at a policy level and supplemented by detailed rules from FDA and FTC. Due to a few laws that mandate dual (or allow Customary alone), Hawaii may have to "tolerate" dual. Hopefully, they will only allow it and not require it (as the UPLR is now written). If there are minor conflicts with Federal law, the Feds may have to think seriously about their metric policy and look at whether they wish to enforce or ignore. I think the Feds have a very muddy situation. To enforce Customary, they might have to forbid metric, and repeal the Metric Act of 1866, and the "preferred" designation. I think it would be like pot, they wouldn't change Federal rules, but they would decide it is "not a priority" to enforce in States that have passed conflicting law. The situation would be different if Hawaii tried to establish weights or measure not already recognized by the Federal government, say the Imperial gallon and bushel in conflict with US gallon and bushel. _____ From: Paul Trusten <[email protected]> To: U.S. Metric Association <[email protected]> Sent: Sat, February 9, 2013 2:34:38 PM Subject: [USMA:52347] Hawaii "Metric Bill" (HB 36) To the U.S. Metric Association Listserver and others, The bill is attached. I think we should face some facts. Who on this Listserver is a resident of the State of Hawaii? If you are not, the legislative officials in Honolulu need not take you seriously. If you are, and you want to get involved with this bill, please contact Representative Kark Rhoads (author of the bill, [email protected] or 808-586-6180) and Representative Angus McKelvey, the Chairman of the Hawaii House Committee on Consumer Protection & Commerce ( [email protected] or 808-586-6160, and the testimony address [email protected]) Remember that this is a state matter. Although it may have historic and interesting national implications for the U.S. metrication goal, only the people of Hawaii are sovereign on matters pertaining to HB 36. However, if ASKED by a Hawaii citizen or a member of the Hawaii legislature for advice on the writing of this bill, out-of-state interests may participate realistically. At first glance, I must point out that the Hawaii legislature is not the U.S. Congress, and cannot fix the standard of weights and measures for the United States, of which it is a part. If someone wants to test that, I shall be very excited to follow such a fascinating case in constitutional law. If I were to second-guess the U.S. Supreme Court, I think it would be more likely to rule that no state can set its own standard of measurement on U.S. territory any more than it can coin its own money, both prerogatives being contained in the same clause in the Constitution (Article I, Section 8). Let's say the bill is adjudged to be constitutional. I was at first excited about this bill, about the possibility that it could succeed in the Nation's only "island state," (no, Rhode Island is NOT), but the bill needs a lot of work, and Hawaiians (remember that this is a state matter) must bring their amendments before that committee. In one place, the legislation continues to recognize U.S. pre-metric units alongside metric, yet it requires the use of metric "for all measurement purposes in the state (p. 5, lines 9-13). " What does that mean? How can the state "jointly recognize" both systems and expect to issue plans, write frames of reference ("clearance 5 m" on an overpass), post official signs, mandate metric equipment and product labeling, and in essence do what metrication means? (BTW, the Fair Packaging and Labeling Act still bars metric-only product labeling; what does that do to HB36?) I think that the failure of the 1975 metrication process was a failure of commitment. If metrication is to be successful, there must be no ongoing accommodation of the old units, and there must be no turning back. What the U.S. has sufffered from on this subject is cold feet, or, if you will, dumb feet. The Metric Conversion Act had no deadline, the US Metric Board had no authority, and the Board actually contained metric opponents. Later, in a gigantic balk that lost the game for awhile, the Transportation Equity Act sought metric highway design but didn't mandate it. The result was a mosaic of metric and non-metric state highway departments that eventurally reverted to pre-metric. Let's not make the mistake of holding yet another attempt at metrication up to the public eye only to see it become merely another national science project on measurement. If Hawaii is willing (and able, and I think that's doubtful under the law) to go metric, it must go metric all the way, and do it with a detailed plan and a firm deadline. Metrication means a systemic transition to metric as the everyday measurement standard, consumer protection included, but also much, much more. It includes everything that is measured or that measures. It is a huge goal, but, I believe, one worth pursuing. SIncerely, Paul R. Trusten Registered Pharmacist Vice President and Public Relations Director U.S. Metric Association, Inc. www.metric.org [email protected] +1(432)528-7724 ----- Original Message ----- From: "Metric Rules Info" <[email protected]> To: "U.S. Metric Association" <[email protected]> Cc: <[email protected]> Sent: 2013-02-09 12:06 Subject: [USMA:52346] Hawaii Metric Bill Update (HB 36) I have spoken with the staff at Karl Rhodes office twice now. Basically, I was told that yes, Rep. Rhodes is interested in this bill but it is not one of his current priorities. I asked to meet with them and was told that until HB 36 is scheduled and passed through the Consumer Protection and Commerce Committee (detailed information below), Rep. Rhodes did not have time to meet about HB 36. I was also informed that with Hawaii's part-time legislator, if a hearing was not scheduled by this upcoming Thursday, Feb. 15 then HB36 would be tabled until next year. We have one shot this year! We need to submit Testimony (and LOTS of it) to the Consumer Protection and Commerce Committee. We need to convince them to schedule a hearing. Below you will find the CPC testimony email address and telephone number. Our testimony should address issues related to trade, business, professions, occupations, and/or utilities. I am hopeful that someone can speak (with numbers) about trade and business issues. Regarding professions and occupations, I am hopeful that Paul will address the preventable medication errors and other healthcare related issues. As 1 in 8 Americans work in healthcare and it is the fastest growing occupational sector in the US, these could be big numbers. I am planning to write about professional paths and give broad numbers by sectors. My point will be to illustrate the great many jobs in the US which work mostly or exclusively in the modern metric system. Let's see if we can generate some interest in CPC or at least, plant the seed for next year!! We might want to mention the metric petition as well. ___________________________________________________________________________________Consumer Protection and Commerce Testimony email address:[email protected]: 808-586-6161___________________________________________________________________________________Consumer Protection and Commerce (CPC) Committee: “The scope shall be thoseprograms relating to consumer protection, the Department of Commerce andConsumer Affairs, the regulation of trade, business, professions,occupations, and utilities, the Residential Landlord-Tenant Code, mattersrelating to condominiums, housing cooperatives, and planned communities, andother pertinent matters referred to it by the House.”House Committee on Consumer Protection & Commerce (CPC)Angus L.K. McKelvey, ChairHouse District 10Hawaii State Capitol, Room 320phone: 808-586-6160fax: 808-586-6161Email: [email protected] Message-----From: [email protected] [mailto:[email protected]]Sent: ! Wednesday, January 30, 2013 4:11 PMTo: [email protected]: Re: [USMA:52291] RE: FW: Fwd: The Metric System, the United Statesof America, and Scientific Literacy | Sci-EdHas anyone been in contact with Karl Rhoads, the legislator who introducedthe pro-metric legislation in Hawaii? I emailed him, but did not get aresponse.
