Bill Text: HI HB1827 | 2012 | Regular Session | Introduced
Bill Title: Coffee; Pests; Infection; Special Fund; DOA
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-03 - (H) The committee(s) on AGR recommend(s) that the measure be deferred. [HB1827 Detail]
Download: Hawaii-2012-HB1827-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1827 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to coffee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I.
SECTION 1. The purpose of this part is to address the control and eradication of the coffee borer beetle by temporarily:
(1) Imposing a fee on each pound of green coffee beans grown in or imported into the State;
(2) Establishing a special fund as the depository of the fee revenues; and
(3) Requiring the proceeds of the special fund to be expended exclusively to control and eradicate the coffee borer beetle in the State.
SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . COFFEE BORER BEETLE CONTROL
FEE AND SPECIAL FUND
§150A-A Purpose and findings. The purpose of this part is to generate revenue to control and eradicate the coffee borer beetle.
The legislature finds that coffee production in the State and exportation from the State are important components of the economy. Hawaii-grown coffee, whether or not blended with coffee from elsewhere, is of the highest quality, resulting in a great reputation throughout the world. This quality and reputation must be maintained for the general welfare of the State.
An invasive species, the coffee borer beetle is a threat to Hawaii-grown coffee. The control and eradication of the coffee borer beetle is imperative to maintain the quality and reputation of coffee consumed in or exported from Hawaii, whether or not blended. If the export and consumption of coffee blends from Hawaii suffers, whether one hundred per cent Hawaiian-origin coffee or Hawaiian-origin coffees blended with coffees from elsewhere, because of the coffee borer beetle, the economy of the State will be harmed.
Consequently, the legislature finds that it is necessary to impose a fee on all green coffee beans grown in or imported into Hawaii in order to generate revenues to control or eradicate the coffee borer beetle.
§150A-B Definitions. For the purposes of this part:
"Coffee cherry" means the unprocessed fruit of the coffee arabica plant.
"Green coffee bean" means the seed of the fruit of the coffee arabica plant, which has been dried and from which the pulp and spermoderm have been removed and hulling has taken place.
§150A-C Coffee borer beetle control fee. (a) A fee of 1 cent shall be assessed on each pound of green coffee beans processed in Hawaii from Hawaii-grown coffee cherries. The fee shall be paid by the person who owns the green coffee beans after the processing from Hawaii-grown coffee cherries and shall be due at the time the green coffee beans are sold or roasted.
(b) A fee of 1 cent shall be assessed on each pound of green coffee beans that is imported into Hawaii from other origins; provided that the green coffee beans are sold or roasted in the State. The fee shall be paid only once on each pound of green coffee beans in accordance with the following:
(1) If the green coffee beans are grown in the State before being roasted in the State, the fee shall be paid by the person who sells the green coffee beans; or
(2) If the green coffee beans are not sold in the State before being roasted in the State, the fee shall be paid by the person who roasts the green coffee beans.
(c) The department shall collect the fees established under this section each month and deposit the revenues collected into the coffee borer beetle control special fund.
§150A-D Coffee borer beetle control special fund. (a) There is established in the state treasury the coffee borer beetle control special fund to be administered by the department of agriculture.
(b) The following shall be deposited into the special fund:
(1) Revenues from the fees established under section 150A-C;
(2) Legislative appropriations to the special fund;
(3) Federal funds identified for deposit into the special fund;
(4) Donations for the control or eradication of the coffee borer beetle;
(5) Interest earned on moneys in the special fund; and
(6) Other moneys made available to the special fund or to control or eradicate the coffee borer beetle.
(c) Subject to legislative appropriations, expenditures from the special fund may be made for the programs and projects to eradicate the coffee borer beetle in the State, including destruction of feral coffee plants; provided that, if the fund receives revenues in excess of $180,000 during a fiscal year, the excess may be expended on the following:
(1) Research and development programs and projects to control or eradicate the coffee borer beetle;
(2) Programs to inspect and, if necessary, treat coffee cherries or beans for the purpose of controlling or eradicating the coffee borer beetle or preventing the spread of the coffee borer beetle within the State; and
(3) Other programs and projects for the control or eradication of the coffee borer beetle.
To implement a program or project under this subsection, the department may contract with another government agency or private person to conduct the program or project.
§150A-E Administration. (a) The department shall establish procedures for the collection of the fee established under section 150A-C. The procedures may include requirements for the filing of returns by the person required to pay the fee, the keeping of records necessary to impose and collect the fee, and inspection of the records and premises of persons required to pay the fee.
(b) The department shall establish a procedure for persons to appeal the imposition of the fee established under section 150A-C.
§150A-F Penalty. (a) If a person fails to pay the fee imposed on the person under this part, or is delinquent in paying the fee, the person shall be subject to a penalty of ten per cent of the unpaid fee or delinquent portion of the fee, as applicable, and the interest on the total delinquent amount and penalty shall be five per cent per month, compounded.
(b) A person shall be subject to a fine of up to $10,000, loss of general excise tax license, or both, if the person knowingly makes a false statement to or files a false document with the department or any other state agency regarding a fee imposed on the person under this part.
§150A-G Sunset. This part shall terminate on June 30, 2018. Any unexpended and unencumbered balance of the coffee borer beetle special fund on the date of termination shall be transferred to the general fund on July 1, 2018."
SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Convention center enterprise special fund under section 201B-8;
(6) Special funds established by section 206E-6;
(7) Housing loan program revenue bond special fund;
(8) Housing project bond special fund;
(9) Aloha Tower fund created by section 206J-17;
(10) Funds of the employees' retirement system created by section 88-109;
(11) Unemployment compensation fund established under section 383-121;
(12) Hawaii hurricane relief fund established under chapter 431P;
(13) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(14) Tourism special fund established under section 201B-11;
(15) Universal service fund established under section 269-42;
(16) Emergency and budget reserve fund under section 328L-3;
(17) Public schools special fees and charges fund under section 302A-1130;
(18) Sport fish special fund under section 187A-9.5;
(19) Glass advance disposal fee established by section 342G-82;
(20) Center for nursing special fund under section 304A-2163;
(21) Passenger facility charge special fund established by section 261-5.5;
(22) Court interpreting services revolving fund under section 607-1.5;
(23) Hawaii cancer research special fund;
(24) Community health centers special fund;
(25) Emergency medical services special fund;
(26) Rental motor vehicle customer facility charge
special fund established under section 261-5.6; [and]
(27) Shared services technology special fund under
section 27-43[,]; and
(28) Coffee borer beetle control special fund established under section 150A-D,
shall deduct five per cent of all receipts of all special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Transportation use special fund established by section 261D-1;
(2) Special out-of-school time instructional program fund under section 302A-1310;
(3) School cafeteria special funds of the department of education;
(4) Special funds of the University of Hawaii;
(5) State educational facilities improvement special fund;
(6) Special funds established by section 206E-6;
(7) Aloha Tower fund created by section 206J-17;
(8) Funds of the employees' retirement system created by section 88-109;
(9) Unemployment compensation fund established under section 383-121;
(10) Hawaii hurricane relief fund established under section 431P-2;
(11) Convention center enterprise special fund established under section 201B-8;
(12) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(13) Tourism special fund established under section 201B-11;
(14) Universal service fund established under section 269-42;
(15) Emergency and budget reserve fund under section 328L-3;
(16) Public schools special fees and charges fund under section 302A-1130;
(17) Sport fish special fund under section 187A-9.5;
(18) Center for nursing special fund under section 304A-2163;
(19) Passenger facility charge special fund established by section 261-5.5;
(20) Court interpreting services revolving fund under section 607-1.5;
(21) Hawaii cancer research special fund;
(22) Community health centers special fund;
(23) Emergency medical services special fund;
(24) Rental motor vehicle customer facility charge
special fund established under section 261-5.6; [and]
(25) Shared services technology special fund under
section 27-43[,]; and
(26) Coffee borer beetle control special fund established under section 150A-D,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 5. The department of agriculture shall adopt rules, procedures, and forms to implement and collect the fee established under this part commencing on October 1, 2012. Chapter 91, Hawaii Revised Statutes, shall not apply to the adoption of the initial rules to implement and collect the fee; provided that the department of agriculture shall hold at least one public hearing on the proposed initial rules in each county of the State. Any amendment of the initial rules or adoption of additional rules after October 1, 2012, shall be subject to chapter 91, Hawaii Revised Statutes.
SECTION 6. There is appropriated out of the coffee borer beetle control special fund the sum of $90,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the control or eradication of coffee borer beetles.
The sum appropriated shall be expended by the department of agriculture for the purposes of this part.
PART II.
SECTION 7. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
Coffee pests and diseases
§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:
"Chairperson" means the chairperson of the board of agriculture.
"Commercial area" means a district where any coffee trees are being produced to the extent that a producer is dependent thereon, in whole or in part, for the producer's livelihood.
"Department" means the department of agriculture.
"Disinfect" means the control, cure, or eradication of pests or diseases by removing all infected coffee cherries from the trees and ground.
"Infect" means affected by or infested with coffee borer beetle pests.
"Nuisance" means any plant, produce, or property found in any commercial area upon which the coffee borer beetle is found or may be a source of infestation of other properties.
"Pests and diseases" includes any living stage of the coffee borer beetle that may directly or indirectly injure or cause disease or damage to any coffee tree, coffee cherry, or green bean.
"Premises" means any land, orchards, storage facilities, structures, and shipping containers or other enclosures.
§ -2 Method of prevention, control, and disinfection. The following method shall be used for the prevention, control, or disinfection of pests and diseases on coffee trees: For the coffee borer beetle, removal of all coffee cherries from the coffee trees or from the grounds or premises.
§ -3 Duty to disinfect and destroy. It shall be the duty of every owner, shipper, consignee, or other person in charge of coffee trees to use sufficient methods of prevention to keep the coffee trees and coffee cherry free from infection by coffee borer beetles. If coffee trees and coffee cherry become infected with coffee borer beetles, the owner, shipper, consignee, or other person in charge shall use effective methods to control or destroy the infection pursuant to this chapter. All coffee trees with coffee borer beetles that cannot be successfully disinfected shall be promptly destroyed.
§ -4 Authority to enter premises. (a) Any authorized representative of the department may enter at any time any premises or structure where coffee trees are grown or situated for any purpose, to inspect the trees and cherry for coffee borer beetle infection.
(b) No person shall hinder or interfere with any entering or inspection authorized by this section.
§ -5 Condemnation of infected premises; notice. (a) If the premises inspected under this chapter is found to be coffee borer beetle infected, the inspecting officer shall condemn the premises and serve upon the owner or person in charge thereof a written notice of the condemnation, describing the premises with reasonable certainty and ordering the infected portion to be disinfected, or to be destroyed if incapable of disinfection, within a time and in a manner stated therein, and giving notice that if the order is not complied with in the time stated, the inspecting officer shall disinfect or destroy the infected premises by cutting down or removing coffee trees and charging the expense thereof to the owner or against the premises by cutting down or removing coffee trees.
(b) No person shall ship, sell, or otherwise dispose of or part with possession of, or transport, any premises or coffee cherry, green coffee, or coffee trees condemned under this section until all requirements of the notice and order are complied with and written permit of the inspector so to do is issued.
(c) The notice of condemnation shall authorize the owner or person in charge of the coffee borer beetle infected coffee trees and coffee cherry to divide the coffee trees into the following classes:
(1) The coffee trees not infected;
(2) The coffee borer beetle infected coffee trees that are capable of successful disinfection; and
(3) The coffee borer beetle infected coffee trees that are incapable of successful disinfection and must be destroyed.
The notice shall require the owner or person to disinfect the coffee trees in class (2) and destroy the coffee trees in class (3) within the time stated in the notice.
(d) Personal service of the notice of condemnation shall be made upon the person in possession or in charge of the premises or property, if possible. If the person is not the owner, or personal service cannot be made on the person, a copy of the notice shall be mailed to the owner at the owner's home or post office address, if known or with reasonable diligence can be ascertained. If personal service cannot be made upon any person in possession or charge of the premises or structure and the name and address of the owner thereof are not known or cannot be ascertained, the notice shall be posted in a conspicuous place on the premises where the property to be disinfected or destroyed is situated, which service by posting shall be construed to be constructive personal service upon the owner. If the name and address of the owner are not known or cannot be ascertained, service upon the person in possession or charge of the premises or property shall constitute substituted personal service upon the owner, in the absence of fraud or gross neglect.
§ -6 Lien for costs. If the owner or person in possession or charge of the premises or property fails to comply with the terms of the notice of condemnation, the inspecting officer may enter the premises and perform or cause to be performed the services required in the notice. The inspector shall keep an accurate account of the expense of performing the services, which shall become a lien on the premises or property that may be foreclosed pursuant to chapter 507. The lien on personal property shall have preference over all other liens.
§ -7 Foreclosure on lien; sale. (a) The inspecting officer disinfecting personal property pursuant to section -6 may enforce the lien thereon by impounding and selling the property.
(b) The officer shall give notice of the impounding and proposed sale by posting a written notice in a conspicuous place upon the premises where the property is impounded and serve the notice upon the owner or person in charge of the property in the manner provided for in section -5. The notice shall state that the property, describing it with reasonable certainty, has been impounded, where it is situated, the amount of costs and expenses charged against it, and that unless costs and expenses are paid within a specified time, the property shall be sold to satisfy the charges, accrued transportation and storage charges, if any, and costs of sale. The specified time shall not be less than ten days after the service of notice.
(c) Sale of the property may be conducted by public auction or private sale, with the proceeds distributed according to the following order of priority:
(1) Costs of sale;
(2) Expenses of disinfection;
(3) Accrued transportation and storage charges; and
(4) Balance paid to the owner;
provided that if the proceeds are not sufficient to pay the costs of sale and expenses of disinfection, the deficiency may be recovered from the owner or person in charge in an action brought in the name of the State.
§ -8 Records. (a) The inspector shall make and sign a record, which shall include:
(1) The name of the owner or reputed owner of the property, if known;
(2) Location of the property;
(3) The date of the inspection;
(4) The results of the inspection, including the nature and extent of infestation;
(5) Whether the infestation constitutes a nuisance;
(6) The date and manner of giving notice to disinfect, if any;
(7) Any failure to disinfect;
(8) Any disinfection by the inspector, and the cost thereof;
(9) The date and manner of giving notice of impounding and sale, if any;
(10) The date, place, and manner of sale, if any;
(11) The name of the purchaser, if any; and
(12) The amount of any proceeds, and disposition thereof.
(b) Upon demand by the owner or person in charge of the property, the inspector shall furnish the owner or person with a verified copy of the record, along with the balance of the proceeds. If no demand is made within thirty days of the sale, or if the tender of proceeds is refused, the inspector shall file a verified copy of the record with and remit any balance of the proceeds to the chairperson, and if it is not claimed by the owner within six months, it shall be deposited in the general fund.
(c) The record or a verified copy of the record shall be admissible in evidence as prima facie evidence of the truth of its contents.
§ -9 Nuisance; petition. If the inspecting officer does not disinfect or destroy the infected property, and indicates in the records under section -8 that the infestation constitutes a nuisance, the records shall be transmitted to the prosecuting attorney of the county, who shall within five days file in the appropriate circuit court a petition, with the records attached thereto, for an order declaring the premises or property to be a nuisance.
§ -10 Nuisance; notice. A notice containing a description of the premises, stating the objects and purposes of the petition and the time and place of presentation of the petition to the court, shall be served upon every person named as interested in the premises at least five days prior to the time of presentation.
(b) Service of the notice shall be as nearly as possible in the manner provided by law for service of summons in a civil action, except that if service is had by publication the period of publication shall be two weekly publications in a newspaper published of general circulation in the county, and the service shall be deemed completed on the expiration of fifteen days after the date of the first publication.
(c) Proof of service may be made by affidavit of the person serving or publishing the notice and shall be filed with the clerk of the court on or before the time of presentation of the petition.
(d) On application of any party or its own motion the court may adjourn the hearing from time to time, and may order new or further notice to be given any person whose interest may be affected.
§ -11 Nuisance; order of abatement. The inspecting officer's records shall be prima facie evidence that the premises are infested and constitute a nuisance. If there is no showing that the inspecting officer acted in a capricious, arbitrary, or unfair manner, the court shall decree the coffee trees and coffee cherry on the premises to constitute a nuisance and order the department to destroy the same, or abate the nuisance in any other manner as the court may direct; provided that the costs of destruction or abatement, and of the proceedings, shall be levied against the defendants therein.
§ -12 Nuisance; appeals. An appeal may be taken from the decree under section -11 by filing notice of appeal not later than ten days after issuance of the decree; provided that the appellant shall file an appeal bond of not less than one thousand dollars and sufficient in amount to cover possible damages to neighboring properties due to delay in carrying out the decree.
§ -13 Disinfection of public properties. The chairperson may require the counties to disinfect or destroy all infected coffee trees growing upon public property within their respective jurisdictions, or the department may disinfect or destroy the infected trees."
PART III.
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. The repeal of part I of this Act on June 30, 2018, shall not affect any rights and duties that matured, penalties that were incurred, and proceedings that were begun between October 1, 2012, and June 30, 2018.
SECTION 9. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval; provided that part I of this Act shall take effect on October 1, 2012, and shall be repealed on June 30, 2018, and sections 36-27 and 36-30, Hawaii Revised Statutes, shall be reenacted in the form in which they read on September 30, 2012; provided further that the amendments made to sections 36-27 and 36-30, HRS, by this Act shall not be repealed when those sections are reenacted on July 1, 2015, pursuant to Act 79, SLH 2009.
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INTRODUCED BY: |
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Report Title:
Coffee; Pests; Infection; Special Fund; DOA
Description:
Imposes a 1 cent fee on each pound of green coffee beans grown in or imported into the State to be deposited into a special fund to control and eradicate the coffee borer beetle. Establishes provisions to eradicate and control pests and infections on coffee trees. Appropriation. Sunset.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
