REPORT TITLE:
Game Bird Licensing Board

DESCRIPTION:
Establishes a game bird franchise licensing board to regulate
game bird testing facilities.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1720       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO A GAME BIRD FRANCHISE LICENSING BOARD.



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

 1      SECTION 1.  The legislature recognizes that diversified
 
 2 agriculture is presently the only promising economic opportunity
 
 3 for the first representative district in east Hawaii.  With the
 
 4 abundance of agriculturally zoned lands now left in unproductive
 
 5 use in east Hawaii, development of new commodities must be
 
 6 established to boost the diversified agricultural economic base.
 
 7      The breeding and selling of game birds is a new commodity
 
 8 that can be grown or raised in Hawaii on a large scale that has
 
 9 high local, national and international market demand and meets
 
10 all the requirements for a potentially successful and financially
 
11 rewarding diversified agricultural industry.  The purpose of this
 
12 Act is to develop a game bird industry and establish a regulating
 
13 authority therefor.
 
14      SECTION 2. The Hawaii Revised Statutes is amended by adding
 
15 a new chapter to be appropriately designated and to read as
 
16 follows:
 
17                             "CHAPTER
 
18              HAMAKUA DIVERSIFIED AGRICULTURAL BOARD
 
19        -1 Short title.  This chapter shall be known and cited
 

 
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 1 as the "Hamakua Diversified Agricultural Act of 1999".
 
 2        -2 Licensing board.  There is established a licensing
 
 3 board hereinafter referred to as the "board" to regulate the
 
 4 production and testing of game birds in Hawaii.  The board shall
 
 5 be administratively attached to the department of commerce and
 
 6 consumer affairs and shall be composed of three members appointed
 
 7 by the governor and confirmed by the senate pursuant to section
 
 8 26-34.  Additionally, all board members:
 
 9      (1)  Shall serve a term of four years, commencing from the
 
10           date of expiration of the last preceding term and shall
 
11           be made to expire on June 30;
 
12      (2)  Shall serve without pay, but shall be reimbursed for
 
13           reasonable and necessary expenses incurred in the
 
14           performance of their duties;
 
15      (3)  May be removed from office pursuant to section 26-34;
 
16           and
 
17      (4)  Shall possess any other qualifications imposed by law.
 
18 Each board member or any immediate family member of a board
 
19 member shall not have any interest in or possess a franchise
 
20 license issued under this chapter, or be employed in any capacity
 
21 by a licensee.
 
22        -3 Duties of the board.  The board shall:
 

 
 
 
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 1      (1)  Render assistance to organizations and individuals
 
 2           interested in the game bird industry;
 
 3      (2)  Grant a franchise license pursuant to this chapter;
 
 4      (3)  Establish fees, including a franchise license fee and
 
 5           any other fees necessary to carry out the purposes of
 
 6           this chapter;
 
 7      (4)  Adopt rules pursuant to chapter 91, relating to game
 
 8           birds including criteria and procedures for obtaining a
 
 9           franchise license, establishing a game bird testing
 
10           facility in the first representative district on the
 
11           island of Hawaii, including designating the time, hours
 
12           and location of the game bird testing facility,
 
13           contested case proceedings, any other rules that are
 
14           necessary to carry out the purposes of this chapter;
 
15      (5)  Enforce this chapter and rules adopted pursuant
 
16           thereto;
 
17      (6)  Suspend or revoke any license for any cause prescribed
 
18           by this chapter, or for any violation of the rules, and
 
19           refuse to grant a license for any cause which should be
 
20           ground for revocation or suspension of a license;
 
21      (7)  Enter into contracts with qualified persons or firms
 
22           necessary to accomplish the purposes of this chapter;
 

 
 
 
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 1      (8)  Appoint a director and set the director's salary
 
 2           comparable to positions with similar responsibilities;
 
 3           and
 
 4      (9)  Receive, review, and decide any dispute arising from
 
 5           game bird testing.  The decisions of the board shall be
 
 6           final, except that an aggrieved party may seek review
 
 7           of the board's decision in a court of competent
 
 8           jurisdiction by filing an action in court within thirty
 
 9           days of the board's final decision.
 
10        -4 Term of license.(a)  The board shall issue a
 
11 franchise testing license to the person, partnership or
 
12 corporation who submits a proposal for the operations of a
 
13 testing facility, that best meets the licensing requirements
 
14 established by the board by rule under section   -3.  The
 
15 selection of the franchise licensee shall be at the sole
 
16 discretion of the board.
 
17      (b)  The license to operate a testing facility shall be for
 
18 an initial ten year period with subsequent terms limited to three
 
19 years.
 
20        -5 Board's employees.  Subject to chapter 76 and 77, the
 
21 board may employ and remove such administrative and clerical
 
22 assistants the board requires and prescribe their powers and
 

 
 
 
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 1 duties.
 
 2        -6  Revocation and suspension of license.  In addition to
 
 3 any other actions authorized by law, the board may revoke any
 
 4 license issued under this chapter, or suspend the right of the
 
 5 licensee to use the license, for any cause authorized by law,
 
 6 including the following:
 
 7      (1)  Making any misrepresentation in conducting business as
 
 8           a licensee;
 
 9      (2)  Making any false promise of a character likely to
 
10           mislead another;
 
11      (3)  Pursuing a continued and flagrant course of
 
12           misrepresentation, or making of false promises through
 
13           advertising or otherwise;
 
14      (4)  Any other conduct constituting fraudulent or dishonest
 
15           dealings;
 
16      (5)  Failure to maintain a reputation for honesty,
 
17           truthfulness, financial integrity and fair dealing; and
 
18      (6)  Any other violation the board deems appropriate that
 
19           the board may establish by rule pursuant to chapter 91.
 
20        -7 Building requirement.  The licensee shall design and
 
21 construct a building for the purpose of testing game birds on
 
22 agricultural lands located in the first representative district
 

 
 
 
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 1 on the island of Hawaii.  All plans shall be approved by the
 
 2 board and comply with all applicable building code requirements.
 
 3        -8 Notice of bids.  Public notice of invitation to bid
 
 4 for a license to operate a game bird testing facility shall be
 
 5 issued by the board statewide pursuant to section 1-28.5.  Except
 
 6 for the first year in which this chapter becomes effective, the
 
 7 notice shall be made at least forty five days before the
 
 8 expiration of the existing franchise license.
 
 9        -9  Bid procedure; minimum bid; time of payment.(a)
 
10 Except for the first year of this Act, bids must be submitted at
 
11 least fifteen days before the expiration of an existing license.
 
12 All bids shall be sealed and accompanied by a deposit of twenty
 
13 per cent of the total amount of the bid in the form of a
 
14 cashier's check, certified check, or bank draft, payable to the
 
15 board.  Any bid which fails to comply with any of the terms and
 
16 conditions as provided in this chapter or by rule of the board
 
17 shall be considered void.
 
18      (b)  Payment for the testing license fee by the successful
 
19 bidder shall be made within ten days after the awarding of the
 
20 franchise license by the board.  The method of payment shall be
 
21 the same as that designated for bid deposits.
 
22      (c)  All bid deposits of all unsuccessful bidders shall be
 

 
 
 
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 1 returned to the bidders.  If the successful bidder fails to make
 
 2 full and final payment in the manner and time provided by this
 
 3 chapter, the board reserves the right to award the franchise
 
 4 license to another eligible bidder.  If the original successful
 
 5 bidder fails to make full, final, and timely payment or fails to
 
 6 perform the obligations and duties under the franchise license,
 
 7 the bidder shall forfeit the bid deposit which shall be deposited
 
 8 into the Hamakua diversified agricultural board special fund.
 
 9      (d)  All bids shall be publicly opened and announced by the
 
10 board.  The hour and place of the bid opening shall be stated in
 
11 the notice of invitation to bid.  The selection of a bid shall be
 
12 made within two weeks after the opening of the bid proposal.
 
13      (e)  Any other law to the contrary notwithstanding, the
 
14 board reserves the right to reject any and all bids for good
 
15 cause, to make further invitations for bids in the same manner as
 
16 the original invitation, to waive immaterial irregularities in
 
17 the bidding process and to enter into a franchise contract
 
18 without further invitation, if no bids are received on the first
 
19 invitation.
 
20        -10  Fees payable to board.  A franchise licensee shall
 
21 pay to the board:
 
22      (1)  A minimum of fifteen per cent of all gate receipts;
 

 
 
 
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 1      (2)  A minimum of five per cent of all food and beverage
 
 2           receipts; and
 
 3      (3)  A minimum of ten per cent on gift shop sales and
 
 4           lodging receipts.
 
 5 All fees shall be paid within ten days following the last day of
 
 6 each month.  Franchise license fees collected by the board shall
 
 7 be deposited into the Hamakua diversified agricultural board
 
 8 special fund.
 
 9        -11  Hamakua diversified agricultural board special fund.
 
10 (a)  There is established in the state treasury the Hamakua
 
11 diversified agricultural board special fund, into which shall be
 
12 deposited:
 
13      (1)  All fees, fines, and revenues collected by the board;
 
14           and
 
15      (2)  Appropriations made by the legislature to the fund.
 
16      (b)  Moneys in the Hamakua diversified agricultural board
 
17 special fund shall be used for the following purposes:
 
18      (1)  Promotion and development of the game bird industry;
 
19      (2)  Reimbursable costs incurred by the board and
 
20           operational expenses incurred by the staff related to
 
21           carrying out the purposes of this Act."
 
22      SECTION 3. Section 711-1109, Hawaii Revised Statutes, is
 

 
 
 
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 1 amended by amending subsection (2) to read as follows:
 
 2      "(2)  Subsection (1)(a), (b), (d), (e) and the following
 
 3 subsection (3) are not applicable to [accepted]:
 
 4      (A)  Accepted veterinary practices [and to activities];
 
 5      (B)  Activities carried on for scientific research governed
 
 6           by standards of accepted educational or medicinal
 
 7           practices[.]; and
 
 8      (C)  The Hamakua diversified agricultural board and its
 
 9           staff established under chapter    or the activities
 
10           that its regulates."
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________