Report Title:

Dept. of Agriculture; User Fees; Inspections; Invasive Species


Authorizes the Department of Agriculture to charge user fees for the inspection and other invasive species prevention services provided by the Department under chapter 150A; establishes an invasive species special fund. (HB2051 HD2)


H.B. NO.



H.D. 2









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. Even one new pest, such as the brown tree snake or the red imported fire ant, could forever change the character of the islands. Stopping the influx of new invasive species is essential to Hawaii's future well-being. Likewise, it is essential that the State have the most reasonably effective mechanisms in place to protect against introduction of invasive pests at ports of entry and that those who benefit from movement of goods and other articles into the State share in a reasonable portion of the costs of providing such protections.

The purpose of this Act is to:

(1) Authorize the department of agriculture to charge appropriate user fees for inspection and other services provided under chapter 150A, Hawaii Revised Statutes, plant and non-domestic animal quarantine and microorganism, in addition to the fees already authorized for services related to the importation of animals and seeds; and

(2) Establish an invasive species special fund into which all fees related to prevention of the importation of invasive species are to be deposited, that is to be used for the costs of preventive services.

SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"150A-   Invasive species special fund. There is established the invasive species special fund to be administered by the board of agriculture. All moneys received by the board of agriculture as fees for inspection, quarantine, fumigation, and other services to prevent the entry of invasive species into the State performed pursuant to chapter 150A, and any state appropriations, grants or gifts or other moneys made available for the cost of such services, shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund.

Moneys in the special fund shall be expended by the department to prevent the entry of invasive species into the State, including personnel costs, operating and administrative costs, equipment, maintenance, and any other purposes deemed necessary for the purpose of preventing the entry of invasive species into the State.

SECTION 3. Section 141-5, Hawaii Revised Statutes, is amended to read as follows:

"141-5 Charges for inspection, etc. The department of agriculture [shall,] with the approval of the governor[,] shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine, authorized, required, or permitted by this chapter [or chapter] and chapters 142, [or] 150[. Certificates], and 150A as determined by the board. Charges for certificates and permits [in such] issued under those chapters [provided for] concerning articles or animals imported[,] or proposed to be imported[,] into the [State, and the charges so provided for,] state shall be paid [for] in advance before any certificate or permit is delivered, or any of [such] the articles or animals are permitted to be landed. If [thereafter] further expense is incurred in the inspection, treatment, or quarantine of any of [such] the articles or animals, the charges therefor shall be paid before any of [such] the articles or animals [shall be] are delivered. All moneys collected by the department of agriculture pursuant to this section that are related to chapter 150A shall be deposited into the invasive species special fund established under section 150A- ."

SECTION 4. There is appropriated out of the invasive species special fund the sum of $ or so much thereof as may be necessary for fiscal year 20042005 to prevent the entry of invasive species into the State.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2004.