Establishes a quarantine enforcement program in the Department of Agriculture to enforce laws relating to the importation of plant and non-domestic animals.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the silent invasion of Hawaii by insects, disease-bearing organisms, snakes, weeds, and other pests is one of the single greatest threats to Hawaii's economy and natural environment and to the health and lifestyle of Hawaii's people. Invasive species already cause millions of dollars in crop losses, the extinction of native species, the destruction of native forests, and the spread of disease. Stopping the influx of new invasive species is essential to Hawaii's future well-being.

One important pathway by which dangerous species, such as snakes, piranha, and large cats, are introduced to Hawaii is via intentional smuggling of prohibited animals. The State currently lacks the enforcement authorities necessary to prevent these violations of law.

SECTION 2. Chapter l50A, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"§l50A-A Quarantine enforcement program. There is established a quarantine enforcement program to enforce the provisions of chapter 150A. The department shall appoint and provide a badge or insignia of office to the following:

§l50A-B Board of agriculture; chairperson; delegation of authority. The board or chairperson may delegate to enforcement officers within the quarantine enforcement program, such authority as may be required for enforcement of the state quarantine laws and rules.

§l50A-C Quarantine enforcement officers, duties; other law enforcement officers. (a) The quarantine enforcement officers, with respect to any land, building, vessel, or aircraft shall:

(b) Every state and county officer charged with the enforcement of laws and ordinances may 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.

§l50A-D Board of agriculture, chairperson; police powers. (a) The board or chairperson shall have police powers and may appoint and commission enforcement officers within 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:

§l50A-E 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 other law and to seize, capture, confiscate, and remove:

(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 the State at the owner's expense, donated to a government-affiliated aquarium or municipal zoo, destroyed, or 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 that is seized under this chapter is subject to forfeiture pursuant to chapter 712A. Unless otherwise directed by the court pursuant to chapter 712A, any item, other than a commodity, that is seized shall be forfeited to the State for disposition as determined by the department, destroyed, or 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 3. 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 2006-2007, for the quarantine enforcement program, including the hiring of a quarantine enforcement section chief and two staff persons.

SECTION 4. The sum appropriated 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 upon its approval; provided that section 3 of this Act shall take effect on July 1, 2006.