Bill Text: HI SB2855 | 2010 | Regular Session | Introduced

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Bill Title: Department of Agriculture; Plants; Animals; Microorganisms; Fee

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-01-28 - (S) Referred to WTL, WAM. [SB2855 Detail]

Download: Hawaii-2010-SB2855-Introduced.html

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THE SENATE	S.B. NO.	2855
TWENTY-FIFTH LEGISLATURE, 2010
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 safe introduction of plants, non-domestic animals (such as fish, birds, amphibians, and insects), microorganisms, (such as algae, bacteria, fungi, protozoa, and viruses), and soil is managed through permits, letters of authorization, and registrations issued by the department of agriculture.

     The framework for permit and other approvals was developed with the concept that plants and domestic animals (e.g., cats, dogs, horses, sheep, and cattle) are generally considered desirable and that non-domestic animals (e.g., snakes, tigers, mosquitoes, and piranha) and microorganisms (pathogens) are generally considered undesirable.  While mindful of the potential harm that can result from these introductions, some introductions benefit the State for purposes such as scientific research, businesses, commerce, and other important state interests.

     To determine whether a plant, animal, or microorganism is safe or harmful, the department of agriculture evaluates applications based upon available information, the intended use, and the availability of adequate safeguards and protocols with respect to the plant animal or organism.  The department also evaluates the reliability of the responsible individual and the risks and benefits associated with the particular introduction.  The evaluation also requires a science-based risk assessment of scientific data with respect to the plant, animal, or organism in a thorough, consistent, and logical manner.

     The purpose of this Act is to establish fees for the processing of permits and other requests for the importation or possession of incoming plants, animals, and microorganisms into the State.

     SECTION 2.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§150A-    User fees; permits; letters of authorization; registration; importation and possession.  (a)  There is imposed a fee for the processing of requests for the importation or possession of plants or animals requiring a permit, letter, or registration under this chapter.  The fee shall be paid in full at the time of the submission of the request.

     (b)  The fees collected under this section shall be deposited into the pest inspection, quarantine, and eradication fund.

     (c)  The fee to process requests for importation and possession shall be as follows:

     (1)  $      for a permit for a single shipment of restricted plants;

     (2)  $      for a permit for unlimited shipments within one year of the date of issuance, of restricted plants;

     (3)  $      for a permit for a single shipment of conditionally approved animals;

     (4)  $      for a permit for unlimited shipments, occurring within one year of the date of issuance, of conditionally approved animals;

     (5)  $      for a permit for a single shipment of restricted animals that require permits for both importation and possession;

     (6)  $      for a permit for unlimited shipments occurring within one year of the date of issuance, of restricted animals that require permits for both importation and possession;

     (7)  $      for a special permit for an unlisted animal in an emergency or disaster situation or for conducting medical or scientific research;

     (8)  $      for a short-term special permit for an unlisted animal for a film production, performance, or exhibition;

     (9)  $      for a permit for a plants, animals, or microorganisms that require a rule change to change the listing of the organism to allow for importation or possession;

    (10)  $      for a permit for a single shipment of listed or unlisted microorganisms that require permits for both importation and possession;

    (11)  $      for a permit for unlimited shipments within one year of the date of issuance or within a specified calendar year, of listed or unlisted microorganisms that require permits for both importation and possession;

    (12)  $      for a letter of authorization for listed or unlisted microorganisms;

    (13)  $      for an emergency permit of an unlisted microorganism specie or a microorganism specie on the list of restricted microorganisms in an emergency or disaster situation;

    (14)  $      for registration of a microbial product; and

    (15)  $      for registration of a laboratory described in section 150A-6.3(f)(2)."

     SECTION 3.  Section 150A-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-4.5  Pest inspection, quarantine, and eradication fund.  (a)  There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:

     (1)  Legislative appropriations for inspection, quarantine, and eradication services;

     (2)  Service fees, charges, and penalties collected under section 150A-5.3;

     (3)  Federal funds received for pest inspection, quarantine, and eradication programs;

     (4)  Grants and gifts;

     (5)  All interest earned or accrued on moneys deposited in the fund; and

     (6)  Any other moneys made available to the fund.

     (b)  The moneys in the pest inspection, quarantine, and eradication fund shall be expended by the department for the operation of pest inspection, quarantine, eradication, biosecurity, and monitoring programs, related facilities, and the execution of emergency remedial measures when pests are detected in the course of inspection and quarantine activities by the department.  The department shall also expend moneys in the fund to:

     (1)  Facilitate the processing and issuance of permits;

     (2)  Amend lists of creatures prohibited or allowed for import;

     (3)  Comply with monitoring activities;

     (4)  Train personnel and provide educational workshops, materials, and equipment; and

     (5)  Accomplish any other purpose deemed necessary to carry out the purposes of this part."

     SECTION 4.  Section 150A-6.7, Hawaii Revised Statutes, is repealed.

     ["§150A-6.7  Permit revolving fund.  (a)  There is established in the state treasury a revolving fund to be known as the permit revolving fund to be administered by the department.  The permit revolving fund shall consist of:

     (1)  Legislative appropriations;

     (2)  User fees as authorized by rule;

     (3)  All interest earned on or accrued to moneys deposited in the permit revolving fund;

     (4)  Grants and gifts; and

     (5)  Any other moneys made available to the permit revolving fund from other sources.

     (b)  The department shall expend moneys in the permit revolving fund to:

     (1)  Facilitate the processing and issuance of permits;

     (2)  Amend lists of creatures prohibited or allowed for import;

     (3)  Comply with monitoring activities;

     (4)  Train personnel, and provide educational workshops, materials, and equipment; and

     (5)  For any other purpose deemed necessary to carry out the purposes of this part."]

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2010.

 

INTRODUCED BY:

_____________________________

 

Report Title:

Department of Agriculture; Plants; Animals; Microorganisms; Fee

 

Description:

Establishes fees for permits, letters, and the registration of plants, animals, and microorganisms allowed entry into the State.

 

 

 

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