Bill Text: HI HB95 | 2018 | Regular Session | Introduced
Bill Title: Relating To Industrial Hemp.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB95 Detail]
Download: Hawaii-2018-HB95-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
95 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to Industrial Hemp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that agriculture has always been an especially important industry to Hawaii. Having a strong and vibrant agricultural industry has a number of well-recognized benefits for the State, including:
(1) Diversified job opportunities;
(2) Less reliance on imported foods and beverages;
(3) Fresh, locally sourced food products for residents and visitors to enjoy;
(4) Additional benefits from the by-products of agricultural crops, including biomass energy and manufactured goods; and
(5) Preservation of the State's green spaces.
The legislature further finds that industrial hemp in particular has a very significant potential to be a successful agricultural crop for the State. The report submitted by the University of Hawaii pursuant to Act 56, Session Laws of Hawaii 2014, found that Hawaii's climate made it a particularly promising place to grow subtropical varieties of industrial hemp. Evidence suggested that three crops could be grown each year in the State, potentially giving Hawaii a strong competitive advantage for the growth of the hemp crop.
Act 228, Session Laws of Hawaii 2016, established an industrial hemp pilot program to allow cultivation of industrial hemp for agricultural or academic research purposes. Act 228 provides for a three-month window for applicants to apply for a license from the board of agriculture. The legislature finds that this short application window has the effect of preventing new license applicants from taking full advantage of the State's climatic advantages. Specifically, by prohibiting application submissions between April 2 and December 31 of each year, applicants are potentially forced to miss out on two full industrial hemp crop cycles.
The purpose of this Act is to allow potential applicants to the industrial hemp pilot program to apply for a license at any time during the year in which the applicant plans to grow industrial hemp.
SECTION 2. Section 141-33, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:
"(a) Each applicant for an industrial
hemp license shall submit a signed, complete, accurate, and legible application
form that is provided by the board [between January 1 and
April 1 of the year in which the applicant plans to grow industrial hemp,
which] and shall include the following:
(1) The applicant's name, mailing address, and phone number in Hawaii and, if applicable, electronic mail address;
(2) If the applicant is an individual or partnership, the date of birth of the individual or partners;
(3) If the applicant is any business entity other than an individual, partnership, or institution of higher education, documentation that the entity is authorized to do business in Hawaii;
(4) The cultivated variety that will be sown;
(5) The source and amount of certified seed to be used;
(6) The number of acres to be cultivated for seed, viable grain, industrial products, or any combination thereof;
(7) The global positioning system coordinates in decimal degrees from the central most point of the growing area to be cultivated and a map showing the location of the growing area in terms of its address or legal description;
(8) A statement that the applicant is the owner of the growing area to be used for the cultivation or a statement, signed by the owner of the growing area, indicating that the owner has consented to that use;
(9) The address of the place in Hawaii where the applicant will keep the records, books, electronic data, or other documents that are required by this part;
(10) The name and address of each place where the industrial hemp is to be stored, sold, or provided, indicating for each place the form of the industrial hemp; and
(11) The applicant's acknowledgment and agreement to the following terms and conditions:
(A) Any information obtained by the board may be publicly disclosed and provided to law enforcement agencies without further notice to the applicant or licensee;
(B) The applicant agrees to allow any inspection and sampling that the board deems necessary;
(C) The applicant agrees to pay for any sampling and analysis costs that the board deems necessary;
(D) The applicant agrees to submit all required reports by the applicable due dates specified by the board; and
(E) The applicant and any partner, directors, or members have not been convicted of any felony related to the possession, production, sale, or distribution of a controlled substance in any form in this or any other country.
(b) An application may be [received beginning
on January 1 of each year] submitted to the board at any time during the
year in which the applicant plans to grow industrial hemp and shall be
signed by the applicant or, in the case of a business entity, one of its
officers, directors, or partners, as the case may be, and indicate that all
information and documents submitted in support of the application are correct
and complete to the best of the applicant's knowledge.
(c) Any incomplete application for a license[,
or an application received after April 1 of any year,] shall be denied."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Industrial Hemp; Agriculture; Licensing Period; Application
Description:
Amends the licensing procedures of the industrial hemp pilot program by allowing applicants to apply for a license at any time during the year in which the applicant plans to grow industrial hemp.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
