Bill Text: HI SB773 | 2017 | Regular Session | Amended
Bill Title: Relating To Agriculture.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2017-07-12 - Act 199, on 07/11/2017 (Gov. Msg. No. 1313). [SB773 Detail]
Download: Hawaii-2017-SB773-Amended.html
|
THE SENATE |
S.B. NO. |
773 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
|
|
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 Act 228, Session Laws of Hawaii 2016, established an industrial hemp pilot program to allow the cultivation of industrial hemp and distribution of its seed in Hawaii through limited activities by licensee-agents of the board of agriculture for purposes of agricultural or academic research. The industrial hemp pilot program has since been developing rules, but in order to prepare the pilot program for implementation, further amendments to state law need to be made to address the program's commencement.
The purpose of this Act is to:
(1) Establish an industrial hemp special fund to carry out the purposes of the industrial hemp pilot program by the department of agriculture;
(2) Require each county to recognize the cultivation of industrial hemp or industrial hemp cultivated for the purposes of the pilot program as an agricultural product, use, and activity;
(3) Specify that any agricultural land used for cultivation of industrial hemp for the purposes of the pilot program shall qualify for the minimum dedication period and be assessed at the lowest percentage of fair market value; and
(4) Limit the cultivation of industrial hemp to licensed owners, lessees, or occupiers of lands within the state agricultural land use district.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§141- Industrial hemp special fund; established. (a) There is established an industrial hemp special fund within the treasury of the State into which shall be deposited:
(1) Any moneys appropriated by the legislature to the special fund;
(2) Any fees collected by the department of agriculture for the purposes of the industrial hemp pilot program; and
(3) The interest or return on investments earned from moneys in the special fund.
The special fund shall be administered by the department of agriculture.
(b) The department may expend moneys from the special fund to carry out the purposes of this part, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this part.
(c) Moneys deposited into the special fund shall remain available until the moneys are obligated or until the special fund is terminated.
(d) If the special fund is terminated, all remaining funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this part."
SECTION 3. Section 141-33, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-33[]]
Licensing. (a) Each applicant for an industrial hemp license shall submit
a signed, complete, accurate, and legible application form provided by the
board between January 1 and April 1 of the year in which the
applicant plans to grow industrial hemp, which 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 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.
(d) In addition to the application form, each applicant for a license shall submit a fee set by the chairperson. If the fee does not accompany the application, the application for a license will be deemed incomplete.
(e) The annual license fee for production of industrial hemp shall be $250 plus $2 per acre. Moneys collected from license fees shall be used to cover the costs of implementing, administering, and enforcing this part.
(f) All licenses shall be valid for two years from the date of issuance, after which the licensee shall renew the license and pay the renewal fee, to be established by rules of the board.
(g) Any licensee who wishes to alter the growing areas on which the licensee will conduct industrial hemp cultivation shall, before altering the area, submit to the board an updated address, global positioning system location, and map specifying the proposed alteration. If the chairperson receives and approves the updated information, the chairperson shall notify the licensee in writing that the licensee may cultivate industrial hemp on the altered land area.
(h) A licensee that wishes to change the seed cultivar grown shall submit to the chairperson the name of the new, approved seed cultivar to be grown. If the chairperson receives and approves the change to the seed cultivar, the chairperson shall notify the licensee that the licensee may cultivate the new, approved seed cultivar.
(i) If the chairperson determines that the requirements for a license pursuant to this part are satisfied, the chairperson shall issue a license to the applicant.
(j) The cultivation of industrial hemp or industrial hemp cultivated in accordance with this part shall qualify as an agricultural product, use, and activity by each relevant county for the effective period of the license.
(k) Any agricultural land used for the cultivation of industrial hemp in accordance with this part shall:
(1) Qualify for the minimum dedication period; and
(2) Be assessed at the lowest percentage of fair market value or other calculation provided for by ordinance,
for the effective period of the license.
(l) The cultivation of industrial hemp in accordance with this part shall be limited to licensed owners, lessees, or occupiers of lands situated within the state agricultural land district."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to fund full-time equivalent ( FTE) program coordinator position and full-time equivalent ( FTE) inspector position within the department of agriculture, and program operations for the industrial hemp program.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on March 9, 2092; provided that section 4 shall take effect on July 1, 2092.
Report Title:
Industrial Hemp Special Fund; Department of Agriculture; Counties; Cultivation; Appropriation
Description:
Establishes an industrial hemp special fund to carry out the purposes of the industrial hemp pilot program by the department of agriculture. Requires each county to recognize the cultivation of industrial hemp and industrial hemp cultivated for the purposes of the pilot program as an agricultural product, use, and activity. Specifies that any agricultural land used for cultivation of industrial hemp for the purposes of the pilot program shall qualify for the minimum dedication period and be assessed at the lowest percentage of fair market value. Limits the cultivation of industrial hemp to licensed owners, lessees, or occupiers of lands within the state agricultural land district. Makes an appropriation. Takes effect on 3/9/2092. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
