SB151 SD1

SECTION 1. The temporary advisory commission on bioprospecting was established pursuant to House Concurrent Resolution No. 193 (2006). The commission was tasked to make recommendations for policy development in the areas of:

(1) Prior informed consent;

(2) Rights of indigenous knowledge holders;

(3) Equitable benefit-sharing; and

(4) Conservation, preservation, and sustainable use of biological diversity;

The commission prepared a report of its recommendations to the legislature and the governor; however, additional work is required to allow the commission to gather the input of stakeholders, prior to the submission of this report by the commission.

The purpose of this Act is to establish the temporary advisory commission on bioprospecting within the legislative reference bureau, expand the membership of the existing commission to fifteen members, require the commission to obtain stakeholder and community input and convene a roundtable prior to the finalization of its report, and provide that the commission shall expire upon adjournment sine die of the 2010 regular session of the legislature.

The membership of the commission shall be expanded as follows, by adding two qualified members from the native Hawaiian community, one qualified member from the biotechnology industry, and one member representing the University of Hawaii doing research in a field primarily related to bioprospecting.

SECTION 2. There is established a temporary advisory commission on bioprospecting, placed within the legislative reference bureau for administrative purposes. The commission shall be tasked with making recommendations for policy development in the areas of:

(1) Prior informed consent;

(2) Equitable benefit sharing;

(3) Bio-safety protocols;

(4) A permitting and licensing process; and

(5) Cultural rights for the use of Hawaii's biodiversity.

SECTION 3. The temporary advisory commission on bioprospecting shall consist of fifteen members. The membership shall consist of the following:

(1) The chairperson of the board of trustees of the office of Hawaiian affairs or a designee;

(2) The president of the University of Hawaii or a designee;

(3) The director of business, economic development, and tourism or a designee;

(4) The chairperson of the board of land and natural resources or a designee;

(5) Seven members of the native Hawaiian community, residing in the State of Hawaii, who have a demonstrated background in:

(A) Traditional and customary use of biological and genetic resources;

(B) Indigenous and traditional technologies;

(D) Legal procedures nationally and internationally, in connection with the protection or commercialization of biological and genetic resources; and

(E) Native Hawaiian cultural rights as contained in the Hawaii State Constitution and Hawaii Revised Statutes;

who are appointed by the governor from lists of nominees submitted by the president of the senate, speaker of the house of representatives, and Hawaiian organizations;

(6) Three representatives from the biotechnology industry, whose principal place of business is in the State of Hawaii, who are appointed by the governor from lists of nominees submitted by the president of the senate and the speaker of the house of representatives, and members of the biotechnology industry based in Hawaii; and

(7) One representative of the University of Hawaii who is involved in research projects primarily related to bioprospecting issues.

Provided that individuals appointed as members of the commission established under House Resolutation No. 193, H.D. 1, as of the effective date of this Act shall retain their membership on the commission.

The commission shall elect its chairperson from among its own membership. The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.

The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer. The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from chapter 76, Hawaii Revised Statutes. Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties. The commission may receive and utilize donations and any funds from the federal or other governmental agencies. It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor.

SECTION 4. The temporary advisory commission on bioprospecting shall prepare and submit a report of its recommendations to the legislature and the governor not later than twenty days prior to the convening of the regular session of 2010. Prior to the preparation of its report, the commission shall:

(1) Conduct consultations with stakeholders and community outreach efforts, the results of which shall be incorporated within the commission's report; and

(2) Convene a roundtable to further engage stakeholders and community members and allow them to have input in the preparation of the report.

SECTION 5. The temporary advisory commission on bioprospecting shall expire on adjournment sine die of the regular session of the 2010 legislature.

SECTION 6. 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 2008-2009 to extend the work of the temporary advisory commission on bioprospecting for one year.

The sum appropriated shall be expended by the legislative reference bureau for the purposes of this Act.

SECTION 7. This Act shall take effect on July 1, 2008.

THE SENATE	S.B. NO.	151
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII