HOUSE OF REPRESENTATIVES	H.B. NO.	633
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 150A-6.1, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-6.1  Plant import.  (a)  The board shall maintain [a list] respective lists of restricted plants, whether by rule or board order, that require a permit for entry into the State.  Restricted plants or any portion thereof shall not be imported into the State without a permit issued pursuant to rules.

     (b)  The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health.  In addition, plant species designated by rule as noxious weeds are designated as restricted plants.

     (c)  Notwithstanding subsection (b) or section 150A-6.6, the board may designate, by order, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health.

The board shall issue an order designating a specific plant species as a restricted plant upon a two-thirds majority vote of the board members present and voting at a meeting at which there is a quorum.

(d)  The department may regulate or prohibit the sale of specific plants on the list of restricted plants by rule[.] or by order.

     [(d)] (e)  Noxious weeds may be imported only for research, by permit, and shall not be offered for sale or sold in the State.

     [(e)] (f)  No person shall import, offer for sale, or sell within the State any plant or propagative portion of Salvinia molesta or Salvinia minima and Pistia stratiotes."

     SECTION 2.  Section 150A-7.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The fees to process requests for importation and possession shall be as follows:

     (1)  $20 for a permit for a single shipment of restricted plants;

     (2)  $100 for a permit for unlimited number of shipments of restricted plants, as provided by permit, occurring within one year of the date of issuance;

     (3)  $20 for a permit for a single shipment of conditionally approved animals;

     (4)  $100 for a permit for up to an unlimited number of shipments of conditionally approved animals, as provided by permit, occurring within one year of the date of issuance;

     (5)  $50 for a permit for a single shipment of restricted animals that require permits for both importation and possession;

     (6)  $200 for a permit for up to an unlimited number of shipments of restricted animals that require permits for importation and possession, as provided by permit, occurring within one year of the date of issuance;

     (7)  $100 for a special permit for an unlisted animal in an emergency or disaster situation or for conducting medical or scientific research;

     (8)  $500 for a short-term special permit for an unlisted animal for a film production, performance, or exhibition;

     (9)  $2500 for a permit for plants, animals, or microorganisms that require a rule amendment or board order to change a listing maintained by the board pursuant to section 150A-6.1, 150A-6.2, or 150A-6.3, to allow importation or possession of the organism or to otherwise accommodate the request for import or possession;

    (10)  $150 for a permit for a single shipment of listed or unlisted microorganisms that require permits for importation and possession;

    (11)  $500 for a permit for up to an unlimited number of shipments of listed or unlisted microorganisms that require a permit for importation or possession, as provided by permit, occurring within one year of the date of issuance or within a specified calendar year;

    (12)  $50 for a letter of authorization for import of unlisted microorganisms;

    (13)  $100 for an emergency permit of an unlisted microorganism or a microorganism on the list of restricted microorganisms in an emergency or disaster situation;

    (14)  $150 for registration to import a microbial product; and

    (15)  $150 for registration of a laboratory described in section 150A-6.3(f)(2)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Restricted Plant List; Amend by Board Order

Description:

Authorizes the board of agriculture to designate plants as restricted by order.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.