Report Title:
Agriculture; Quarantine
Description:
Establishes and funds a quarantine enforcement program. Also prohibits the introduction of any non-native animals from captivity into the State and prohibits the sale, barter, trade, possession, distribution, transfer, transport, receipt, or acquisition of any animal not authorized for entry into the State.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1329 |
|
TWENTY-FIRST LEGISLATURE, 2001 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§150A- Board of agriculture, chairperson, powers and duties. There is established within the department, a quarantine enforcement program. The following persons, shall be provided with suitable badges or insignia of office by the department:
(1) A quarantine enforcement section chief who shall be head of the quarantine enforcement program and shall have charge, direction and control, subject to the direction of the board or chairperson, of all matters relating to enforcement of this part, and related rules and adopted by the department, and such other matters the board may direct from time to time; and
(2) Personnel and enforcement officers of the quarantine enforcement program, including and not limited to unpaid voluntary enforcement officers.
§150A- Board of agriculture, chairperson, delegation of authority. The board or chairperson may delegate enforcement officers within the quarantine enforcement program, such authority as may be required for enforcement of state quarantine laws, and related rules and adopted by the department.
§150A- Quarantine enforcement officers, duties; other law enforcement officers. (a) The quarantine enforcement officers, with respect to any land, building, vessel or aircraft shall:
(1) Enforce this chapter, regarding any commodity affected by this chapter. "Commodity" includes any animal, plant or microorganism in any stage of development that is regulated by this chapter.
(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;
(3) Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual agreements for quarantine enforcement activities within the State;
(4) Inspect and verify at reasonable hours without warrant any permits, and licenses issued by the department, related required records and documents, and any commodities related to such permits or licenses;
(5) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134; and
(6) Carry out such other duties and responsibilities as the board or chairperson from time to time may direct.
(b) Every state and county officer charged with the enforcement of laws and ordinances shall enforce and assist in the enforcement of this chapter, and related rules adopted by the department.
(c) The department may also authorize federal enforcement authorities under memorandum of agreement to enforce and assist in the enforcement of this chapter, and related rules adopted by the department.
§150A- Board of agriculture, chairperson, police powers. (a) The board or chairperson shall have police powers and may appoint and commission enforcement officers with in the quarantine enforcement program of the department. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of police officers, including the power of arrest, and shall enforce all state laws and rules, and county ordinances within the State; provided that such powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when such employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty will be the enforcement of this chapter, and related rules adopted by the department.
(b) An enforcement officer, upon arresting any person for violation of this chapter, and related rules adopted by the department, may immediately take the person arrested to a police station or before a district judge; or may take the name, and address of the person, and note the violation of the law or rules by the person and issue a summons or citation, printed in the form described in section 150A-12, warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation or arrest. Any person failing to obey a summon issued pursuant to this section shall be subject to penalty pursuant to section 150A-14.
§150A- Search and seizure; forfeiture of property. (a) Any police officer or agent of the department upon whom the board of agriculture or chairperson has conferred powers of police officers, shall have the authority to conduct searches on probable cause as provided for in this chapter or by law and to seize, capture, confiscate or remove:
(1) Any commodity that is prohibited or restricted and without a permit, or otherwise in violation of this chapter or any related rules adopted by the department; and
(2) Any equipment, article, instrument, aircraft, vehicle, vessel, or records used in violation of the provisions of this chapter, or any related rules adopted by the department.
(b) Any prohibited commodity, or other commodity in violation of this chapter shall be forfeited upon seizure. Notwithstanding any other law to the contrary, or other civil or criminal sanctions, any commodity seized may be immediately sent out of State at the owner's expense, donated to a government-affiliated aquarium or municipal zoo, destroyed, or may be disposed of as determined by the department.
(c) Any equipment, article, instrument, aircraft, vehicle, vessel, business records, or prohibited or restricted commodity without a permit seized is subject to forfeiture pursuant to chapter 712A. Unless otherwise directed by the court pursuant to chapter 712A. Unless otherwise directed by the court pursuant to chapter 712A, any item, other than a commodity, seized shall be forfeited to the State for disposition as determined by the department, or may be destroyed, or may be kept and retained and utilized by the department or other state agency. If not needed or required by the department or other state agency the forfeited items shall be disposed of as provided by chapter 712A."
SECTION 2. Section 150A-6, Hawaii Revised Statutes, is amended to read as follows:
"§150A-6 Soil, plants, animals, etc., importation or possession prohibited. (a) No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:
(1) Soil; provided that limited quantities of soil may be imported into the State for experimental or other scientific purposes under permit with conditions prescribed by the department;
(2) Rocks, plants, plant products, or any article with soil adhering thereto;
(3) Any live snake, flying fox, fruit bat, Gila monster, injurious insect, [or] eels of the order Anguilliformes, any specie of non-native animal from captivity, or any other animal, plant, or microorganism in any stage of development that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or has an adverse effect on the environment as determined by the board, except, as provided in this chapter and provided that, notwithstanding the list of animals prohibited entry into the State, the department may bring into and maintain in the State one live, sterile brown tree snake of the male sex for the purpose of research or training of snake detector dogs, and, further, that a government agency may bring into and maintain in the State not more than two live, nonvenomous snakes of the male sex solely for the purpose of exhibition in a government zoo, but only after:
(A) The board is presented with satisfactory evidence that the sex of the snakes was established to be male prior to the shipment; and
(B) The board gives written approval conditioned upon such terms as the board may deem necessary, which terms shall include measures to assure the prevention of escape, continuing supervision and control by the board with respect to any department import under this paragraph, and the manner in which the snakes shall be disposed of or destroyed.
In case of the death of one or more snakes, the department or government agency may import and maintain replacements subject to the conditions described in this paragraph; and
(4) Any live or dead honey bees, or used bee equipment that is not certified by the department to be free of pests; provided that nothing in this paragraph shall be construed to prohibit the importation of bee semen.
(c) No person shall sell, barter, trade, possess, distribute, transfer, transport, receive or acquire, or assist any other person to sell, barter, trade, possess, distribute, transfer, transport, receive or acquire any animal species that is not authorized by law for debarkation or entry into the State."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000, or so much thereof as may be necessary for fiscal year 2001-2002, for the creation of one full-time equivalent (1.00 FTE) permanent quarantine enforcement section chief position and two full-time equivalent (2.00 FTE) permanent quarantine enforcement officer positions, and for training, equipment, and travel expenses related to the creation of a quarantine enforcement section within the plant quarantine branch, plant industry division, department of agriculture.
SECTION 4. The sum appropriated under section 3 of this Act shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2001.
|
INTRODUCED BY: |
_____________________________ |