STAND. COM. REP. NO.63
Honolulu, Hawaii
, 2001
RE: H.B. No. 1346
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 1346 entitled:
"A BILL FOR AN ACT RELATING TO PLANTS AND ANIMALS,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Consolidate chapter 150A (Plant and Non-domestic Animal Quarantine) and chapter 152 (Noxious Weed Control) into a new chapter (Plant and Animal Protection);
(2) Make state law more consistent with the federal law; and
(3) Protect Hawaii from plant pests, noxious weeds, and invasive species.
The Nature Conservancy of Hawaii, Pineapple Growers Association of Hawaii, and Hawaii Audubon Society submitted testimony in support of the bill.
The Department of Agriculture (DOA) submitted testimony setting forth its basis for opposing the bill and recommending deferment to the next legislative session, including:
(1) The federal regulations resulting from the federal laws that this bill is modeled upon is expected, at the earliest, to be available for public comment in June 2001; and
(2) More time is required to carefully study the legal, practical, and other consequences of this bill, (including the ramifications of federal preemption of state laws), which makes major changes to Hawaii's laws. DOA's preliminary review of the bill has found inconsistencies and omissions.
Your Committee finds that the objectives and merits of this measure, and the protection of Hawaii's fragile environment warrant further consideration of this bill in the present session. By passing this measure out, your Committee intends to give DOA the opportunity to identify and resolve as many of its concerns during this session as possible.
Your Committee has amended this bill by:
(1) Deleting the federal members from the Coordinating Committee On Alien Pest Species, since they cannot be statutorily compelled to membership. In lieu thereof, the amendment mandates that the federal members be invited to participate in the coordinating Committee's powers and duties;
(2) Increasing the coordinating Committee's membership that represent conservation organizations from two to three members; and
(3) Making technical, nonsubstantive revisions for purposes of style, clarity, and consistency.
As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1346, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1346, H.D. 1, and be referred to the Committee on Agriculture.
Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,
____________________________ HERMINA M. MORITA, Chair |
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