Bill Text: HI SCR165 | 2018 | Regular Session | Introduced


Bill Title: Requesting The State Auditor To Conduct A Performance Audit Of The Department Of Agriculture's Procedures Relating To Aquaculture Importation Permit Applications.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-04-02 - The committee on WAM has deleted the measure from decision making scheduled on 04-03-18 10:20AM in conference room 211. [SCR165 Detail]

Download: Hawaii-2018-SCR165-Introduced.html

THE SENATE

S.C.R. NO.

165

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING the state auditor to conduct a performance audit of the Department of Agriculture's procedures relating to aquaculture importation permit applications.

 

 


     WHEREAS, the Department of Agriculture is charged with enforcing rules relating to the importation of animals that may be detrimental to the agricultural, horticultural, and aquacultural industries, natural resources, and environment of Hawaii; and

 

     WHEREAS, section 4-71-3, Hawaii Administrative Rules, establishes that "[a]ll importation of animals shall be by permit"; and

 

WHEREAS, section 4-71-4, Hawaii Administrative Rules, establishes that the Board of Agriculture shall approve or disapprove permit applications for the importation of animals into the State; and

 

     WHEREAS, section 4-71-4.1, Hawaii Administrative Rules, provides for the maximum time periods for permit approvals, disapprovals, extensions, or automatic approvals for the importation of animals into the State; and

 

WHEREAS, section 4-71-4.1(c), Hawaii Administrative Rules, states that notwithstanding certain exceptions, "an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department [of agriculture] within the established maximum period of time" and that "[a]fter the expiration of the maximum time period is brought to the attention of the department, the department shall have a reasonable amount of time to issue the permit"; and

 

     WHEREAS, local farmers and others are ready and able to bring additional aquaculture to the State that can assist the State in achieving local food production and sustainability goals; and

 

     WHEREAS, there are reports of several incidents in which those seeking to import aquaculture to the State have not received permits from the Department of Agriculture within the maximum time periods or within a reasonable amount of time after the expiration of the maximum time periods established in the Hawaii Administrative Rules; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the State Auditor is requested to conduct a performance audit of the Department of Agriculture's procedures for permit applications relating to the importation of aquaculture to determine the causes of any failure to adhere to applicable Hawaii Administrative Rules; and

 

     BE IT FURTHER RESOLVED that the State Auditor is requested to submit a report of findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019; and

 

BE IT FURTHER RESOLVED that the Department of Agriculture is requested to submit a report to the Legislature, no later than twenty days prior to the convening of the Regular Session of 2019, detailing all permit applications relating to the importation of aquaculture received since 2011, including the date of the application, date of approval or disapproval, date of issuance of the permit if applicable, and an explanation describing the reasons for the failure to issue a permit within the maximum time limits or within a reasonable time thereafter, pursuant to the Hawaii Administrative Rules; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the State Auditor and each member of the Board of Agriculture.

 

 

 

 

OFFERED BY:

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Report Title: 

Aquaculture; State Auditor; Performance Audit; Department of Agriculture; Report

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