SB709.DOC

SECTION 1. Kalo (colocasia esculenta), the Hawaiian word for taro, is a culturally significant plant to the kanaka maoli, Hawai‘i's indigenous peoples. According to the kumulipo, the Hawaiian creation chant, kalo grew from the first-born son of Wakea, the sky father, and Papa, the earth mother, through Wakea's relationship with his and Papa's daughter, Hoohokulani. This son, named Haloa, was stillborn and buried. From Haloa's grave grew the first kalo plant. Wakea and Hoohokulani named their second son Haloa, after his older brother. From the second Haloa came the genesis of man. Kalo provides the kanaka maoli's life-giving sustenance, poi, and is seen as the older brother of mankind.

More than three hundred kalo varieties may have existed at the time European explorers arrived. Today, there are approximately seventy varieties of taro, and of these, the majority are unique to the Hawaiian Islands due to the horticultural skills of native Hawaiian farmers.

The important cultural relationship between kalo and the kanaka maoli continues today in the cultivation of kalo and ‘ohana, the Hawaiian word for family. The cut stalk of the kalo, called huli, is planted to become the next generation. Huli means to turn or curl over. The word ‘ohana is derived from two root words: ‘oha, which is the smaller taro corm growing from the older part of the taro plant used to feed one's family; and ana, a conjunctive word connoting regeneration or procreation.

Therefore, kalo intrinsically ties the interdependency of our past, present, and future – the essence of procreation and regeneration – as the foundation of any sustainable practice. Kalo not only expresses the spiritual and physical well-being of the kanaka maoli and their heritage, but also symbolizes the environmental, social, and cultural values important to the State. This relationship is symbolized in the use of the kalo plant upon the crown of King Kalakaua and today in the logo of the office of Hawaiian affairs and many commercial enterprises throughout the State.

The purpose of this Act is to impose a moratorium on genetically modifying any Hawaiian taro within the State of Hawaii and testing, planting, or growing any Hawaiian taro within the State that has been genetically modified outside the State. The list of "Hawaiian taro" in this Act consists of varieties of taro known to have grown in Hawaii over the past sixty years, and the Act shall not apply to non-Hawaiian taro.

SECTION 2. Title 11, Hawaii Revised Statutes, is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

GENETICALLY MODIFIED TARO

§ -A Definitions. For the purposes of this chapter:

"County regulatory action" means a county ordinance, charter provision, rule, permit condition, or executive or administrative directive or order.

"Genetic modification" means alteration to a life form or its living progeny at the nucleic acid level using the techniques collectively referred to as recombinant DNA technology.

"Growing" includes cultivating, propagating, and raising.

"Hawaiian taro" means the following varieties of taro: aweu, mana ulu, mana opelu, mana weo, mana ulaula, mana lauloa, mana keokeo, mana kukulu hema, piko lehua apii, piko ulaula, piko kea, piko keokeo, piko uaua, piko uliuli, piko eleele, elepaio, uahi-a-Pele, manapiko, kai uliuli, kai ala, kai kea, apuwai, apu, piialii, paakai, moana, lauloa eleele-omao, lauloa eleele-ula, lauloa palakea-eleele, lauloa palakea-ula, lauloa palakea-papamu, lauloa palakea-keokeo, lauloa keokeo, eleele makoko, eleele naioea, manini-owali, kumu-eleele, nawao, ulaula kumu, ulaula poni, ulaula moano, oopukai, manini uliuli, manini kea, papakolea-koae, ula, nihopuu, manini-opelu, hinupuaa, ohe, lehua maoli, lehua keokeo, lehua eleele, lehua palaii, apowale, wehiwa, papapueo, kuoho, leo, maea, haokea, kalalau, hapuu, laaloa, lauloa uliuli, lihilihimolina, mana eleele, mana okoa, moi, oene, pikoele, pololu, Maui lehua, and red moi.

"Recombinant DNA technology" means the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and includes the insertion, excision, duplication, inactivation, or relocation of specific genes, regulatory sequences, or sections of nucleic acid. This term does not apply to a material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis.

"State regulatory action" means a state statute, rule, permit condition, or executive or administrative directive or order.

§ -B Moratorium on genetic modification of Hawaiian taro and testing, planting, or growing of Hawaiian taro genetically modified outside the State.

(a) No person shall genetically modify Hawaiian taro within the State or test, plant, or grow any Hawaiian taro that has been genetically modified outside the State.

(b) Any person who violates subsection (a) shall be subject to a civil fine of not more than $1,000 for each day a violation occurs. The department of the attorney general shall enforce this section and may establish procedures to administratively adjudicate an alleged violation and recover from a violator the department's cost to investigate and adjudicate the violation and collect the fine. When requested by the department of the attorney general, the department of agriculture shall assist the department of the attorney general in the performance of these duties.

(c) Any person who violates subsection (a) shall be civilly liable for damages resulting from the violation, including adverse effects on other crops and the health of other individuals exposed to the genetically modified taro."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	709
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII