STAND. COM. REP. NO. 1419

Honolulu, Hawaii

, 2005

RE: H.R. No. 108

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Higher Education, to which was referred H.R. No. 108 entitled:

"HOUSE RESOLUTION REQUESTING A STUDY ON BIOPROSPECTING,"

begs leave to report as follows:

The purpose of this resolution is to ensure the preservation, sustainable use, and equitable sharing of the benefits of Hawaii's biological resources in accordance with the State's trust obligation. Specifically, this measure requests the Legislative Reference Bureau (LRB) to conduct a study on the fair and equitable sharing of benefits arising from research, intellectual knowledge, or application of biological resources that are public natural resources held in trust by the State.

The Association of Hawaiian Civic Clubs, Hawaiian Civic Club of Wahiawa, Waikiki Hawaiian Civic Club, Koolaupoko Hawaiian Civic Club, Nanaikapono Hawaiian Civic Club, Princess Kaiulani Hawaiian Civic Club, Kualoa-Heeia Hawaiian Civic Club, Koolauloa Hawaiian Civic Club, Ewa-Puuloa Hawaiian Civic Club, The League of Women Voters of Hawaii, Women's Coalition, and numerous concerned individuals testified in support of this resolution. The Department of Business, Economic Development, and Tourism, and Hawaii Crop Improvement Association supported the intent of this measure. The University of Hawaii (UH) supported this resolution with amendments. The Hawaii Agriculture Research Center opposed this measure. The Department of Agriculture and LRB offered comments.

Your Committee has amended this resolution by:

(1) Stating that government entities may enter into material transfer agreements with private parties, rather than specifically naming UH as an entity that has entered into these material transfer agreements without the knowledge and consent of the Legislature;

(2) Clarifying that LRB is requested to conduct a study on the fair and equitable sharing of benefits arising from indigenous knowledge or intellectual property, rather than intellectual knowledge, of biological resources that are public natural resources held in trust by the State;

(3) Clarifying that the LRB study include the identification and development of issues and policies for:

(a) The responsible regulation of bioprospecting and biotechnology as it relates to bioprospecting; and

(b) The fair and equitable sharing of benefits arising from the research, indigenous knowledge, intellectual property, or application of biological resources;

(4) Clarifying that the LRB study include a compilation of an inventory of current bioprospecting, rather than biotechnology, research projects and activities in the State that are public, as provided by the Office of the Governor;

(5) Requesting the Office of the Governor to assist LRB by providing a compilation of public, current bioprospecting research projects and activities in the State; and

(6) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 108, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.R. No. 108, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Higher Education,

 

____________________________

TOMMY WATERS, Chair