Bill Text: HI SB2367 | 2012 | Regular Session | Introduced


Bill Title: Department of Agriculture; Agribusiness Development Corporation; Advertising and Marketing

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-01-23 - (S) Referred to AGL/JDL, WAM. [SB2367 Detail]

Download: Hawaii-2012-SB2367-Introduced.html

THE SENATE

S.B. NO.

2367

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to The AGRIbusiness Development Corporation.

 

 

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

 


     SECTION 1.  Act 264, Session Laws of Hawaii 1994, established the agribusiness development corporation to "make optimal use of agricultural assets for the economic, environmental, and social benefit of the people of Hawaii".  The duties of the corporation include the coordination and administration of programs that "provide the leadership for the development, financing, improvement, or enhancement of agricultural enterprises".  Despite the agribusiness development corporation's duties, the department of agriculture currently coordinates and administers the advertising and marketing of fruits, vegetables, and coffee under chapter 148, Hawaii Revised Statutes.

     The legislature finds that the agribusiness development corporation is the appropriate public agency to coordinate and administer the advertising and marketing programs for agricultural products.  The legislature further finds that transferring the coordination and administration of the advertising and marketing of fruits, vegetables, and coffee under chapter 148, Hawaii Revised Statutes, from the department of agriculture to the agribusiness development corporation will result in greater governmental efficiencies.

     The purpose of this Act is to:

     (1)  Transfer responsibility for the advertising and marketing of fresh fruits, fresh vegetables, and coffee from the department of agriculture to the agribusiness development corporation; and

     (2)  Authorize the agribusiness development corporation to develop standards for and certify all agricultural products made, grown, or manufactured in the State of Hawaii.

     SECTION 2.  Chapter 163D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part III.  Advertising and Marketing OF FRESH

fruits, FRESH Vegetables, and Coffee

     §163D-    Definitions.  As used in this part:

     "Chairperson" means chairperson of the board of directors of the agribusiness development corporation or the chairperson's authorized agent;

     "Corporation" means the agribusiness development corporation.

     §163D-    Rules and regulations.  Notwithstanding section 141-2 to the contrary, the agribusiness development corporation may establish, prescribe, modify, or alter rules, subject to chapter 91, to carry out and effectuate the purpose of this part.  The rules shall have the force and effect of law to control the advertisement of fresh fruits, fresh vegetables, and coffee, whether imported or produced in the State, and shall include requirements for specifying size, grade, geographic origin, or quality in conjunction with price.

     In establishing rules, the corporation shall consult with appropriate state and federal agencies and appropriate industries or trade organizations.  The rules 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 corporation deems best suited to the interest of the consumer, the producer, and the public.

     §163D-    Duties of chairperson; violations; proceedings; penalties.  The chairperson shall enforce this part and any rule adopted by the corporation.

     The following penalties and remedies shall apply in instances of violations of this part or the rules adopted by the corporation:

     (1)  Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated; and

     (2)  Every person who violates this part or any rule adopted thereunder shall, after notice and opportunity for a hearing, be fined not less than $50 nor more than $500.  Each day a violation continues shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.

     The penalties and remedies prescribed in this part shall be concurrent and alternative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided by law."

     SECTION 3.  Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

     "§141-1  Duties in general.  The department of agriculture shall:

     (1)  Gather, compile, and tabulate, from time to time, information and statistics concerning:

         (A)  Entomology and plant pathology: Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet here; and

         (B)  General agriculture:  Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

     (2)  Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

     (3)  Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on such terms as the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department.  Pursuant to a cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

     (4)  Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

     (5)  Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

     (6)  Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

     (7)  Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

     (8)  Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes.  In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; [and]

     (9)  Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction[.]; and

    (10)  Assist the agribusiness development corporation in the enforcement of the statutes and rules pertaining to the advertising and marketing of fresh fruits, fresh vegetables, and coffee, whether imported or produced in the State."

     SECTION 4.  Section 141-2, Hawaii Revised Statutes, is amended to read as follows:

     "§141-2  Rules.  Subject to chapter 91 the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

     (1)  The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

     (2)  The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same (included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State);

     (3)  The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

     (4)  The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; and

     (5)  The manner in which agricultural [product promotion and] research activities may be undertaken, after coordinating with the agribusiness development corporation.

     All rules adopted under this section shall have the force and effect of law."

     SECTION 5.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties[;], including rules regarding the manner in which agricultural product promotion activities may be undertaken;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Carry out surveys, research, and investigations into technological, business, financial, consumer trends, and other aspects of agricultural production in the national and international community;

     (7)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

     (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

         (A)  This chapter shall not be construed to permit or allow the department of agriculture or any agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupuaa tenants who inhabited the Hawaiian Islands prior to 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, which are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

         (B)  All usage of water shall be in accordance with chapter [[]174C[]] and other applicable laws in the State;

    (10)  Assist agricultural enterprises by conducting detailed marketing analysis and developing marketing and promotional strategies to strengthen the position of those enterprises and to better exploit local, national, and international markets;

    (11)  Carry out specialized programs designed to develop new markets for Hawaii agricultural products;

    (12)  Receive, examine, and determine the acceptability of  applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

    (13)  Coordinate its activities with any federal or state farm credit programs;

    (14)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

    (15)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (16)  Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

    (17)  Accept gifts or grants in any form from any public agency or any other source; [and]

    (18)  Develop standards for and certify all agricultural products made, grown, or manufactured in the State of Hawaii; and

   [(18)] (19)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 6.  Chapter 148, part I, Hawaii Revised Statutes, is repealed.

     SECTION 7.  All rights, powers, functions, and duties of the department of agricultural as they relate to the advertising and marketing of fresh fruits, fresh vegetables, and coffee are transferred to the agricultural development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 8.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture relating to the functions transferred to the agribusiness development corporation shall be transferred with the functions to which they relate.

     SECTION 9.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the agribusiness development corporation by this Act, shall remain in full force and effect until amended or repealed by the board of directors of the agribusiness development corporation pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the department of agriculture in those rules, policies, procedures, guidelines, and other material is amended to refer to the agribusiness development corporation or chairperson of the board of directors of the agribusiness development corporation.

     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.

 

INTRODUCED BY:

_____________________________

 

 

 

 


 


 

Report Title:

Department of Agriculture; Agribusiness Development Corporation; Advertising and Marketing

 

Description:

Transfers the authority and enforcement responsibilities relating to the advertising and marketing of fresh fruits, fresh vegetables, and coffee from the DOA to the ADC.  Requires the DOA to assist the ADC in regulating the advertising and marketing of fresh fruits, fresh vegetables, and coffee.  Authorizes the ADC to develop standards for and certify all agricultural products made, grown, or manufactured in the State of Hawaii.

 

 

 

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

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