Alien Invasive Species; State Administrator Established; Appropriation
Establishes a state invasive species administrator and authorizes the departments of agriculture, health, and land and natural resources to enter private property for the purpose of controlling or eradicating alien invasive species. Appropriates moneys. (SD1)
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
relating to alien invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
§ -1 Findings and purpose. The legislature finds that the silent invasion of Hawaii by alien invasive species is the single greatest threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people and visitors. Invasive species cause millions of dollars in crop damage, the extinction of native species, the destruction of native ecosystems, and the spread of many diseases.
The purpose of this chapter is to:
(1) Establish an administrator position for invasive species to better orchestrate the war against invasive species;
(2) Affirm the objective of the State to rid Hawaii of invasive species; and
(3) Provide other statutory means to facilitate the administration of the State's efforts to control invasive species.
§ -2 Administrator. (a) There is established an administrator position for invasive species that shall be administratively attached to the governor's office. The administrator shall possess at least five years experience in researching, controlling or eradicating, or administering programs related to alien invasive species. The nominating committee under subsection (b) shall have sole discretion in determining the eligibility of persons nominated for the administrator position.
(b) The administrator shall be appointed by the governor subject to confirmation by the senate; provided that the governor shall select the administrator from a list submitted by a nominating committee. The nominating committee shall be composed of three individuals chosen as follows: one person appointed by the governor; one person appointed by the president of the senate; and one person appointed by the speaker of the house of representatives. The committee shall solicit applications and send to the governor the names of at least three nominees. The committee shall serve without compensation and serve at the pleasure of the appointing authority. The nominating committee may dismiss the administrator for cause and replace the administrator as the need arises.
(c) The administrator shall serve a term of four years, shall be appointed without regard to chapters 76 and 89, and compensated at a salary level set by the nominating committee with approval by the governor. The administrator may request staff assistance from the office of the governor and other appropriate agencies. The administrator may also employ, without regard to chapters 76 and 89, and at the administrator's pleasure, hire and dismiss such persons as the administrator finds necessary for the purposes of this chapter and fix their compensation accordingly.
(d) The administrator shall:
(1) Maintain a broad overview of the invasive species problem in the State;
(2) Advise, consult, and coordinate invasive species related efforts with and between the departments of agriculture, land and natural resources, health, and transportation including state, federal, international, and privately organized programs and policies;
(3) Identify and prioritize each lead agency's organizational and resource shortfalls with respect to invasive species;
(4) After consulting with appropriate state agencies and the advisory body under section -3, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species;
(5) Coordinate and promote the State's position with respect to federal issues including:
(A) Quarantine preemption;
(B) International trade agreements that ignore the invasive species problem in Hawaii;
(C) First class mail inspection prohibition;
(D) Quarantine of domestic pests arriving from the mainland should be provided by the federal government;
(E) Coordinating efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks including deputizing U.S. Department of Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;
(F) Promoting the amendment of federal laws as necessary, including the Lacey Act (so that federal and state laws are consistent) and laws related to inspection of domestic airline passengers, baggage and cargo;
(G) Coordinating efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;
(6) Identify and record all invasive species present in the State;
(7) Designate the department of agriculture, health, or land and natural resources as the lead agency for each function of invasive species control, including prevention, rapid response, eradciation, enforcement, and education;
(8) Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;
(9) Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;
(10) Advise the governor and legislature on budgetary and other issues regarding invasive species;
(11) Provide annual reports to the legislature twenty days prior to every legislative session on budgetary and other related issues;
(12) Include the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;
(13) Review state agency mandates and commercial interests that sometimes call for maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources or other values;
(14) Review the fines and penalties structure to insure maximum deterrence for invasive species related crimes;
(15) Suggest appropriate legislation to improve the State's administration of invasive species programs and policies; and
(16) Any other function necessary to effectuate the purposes of this chapter.
§ -3 Advisory body. The administrator may appoint a local advisory body to advise and assist the administrator in coordinating activities to fight invasive species. The body shall be comprised of representatives of state, and private members. Representatives of federal agencies shall be asked to participate; or the administrator may seek the advice and assistance of an established organization whose purpose is to coordinate invasive species activities. The administrator shall meet with the body or organization at least quarterly. If the administrator does not appoint or select an advisory body or organization, then the administrator shall conduct quarterly public hearings to gain public input on current issues of concern. The administrator shall also meet at least semi-annually with the chairpersons of the board of agriculture and board of land and natural resources and the directors of health and transportation to gain input and to keep them abreast of current issues.
§ -4 Lead agency; duties. A state department that is designated a lead agency under section -2(d)(7) with respect to a particular function of invasive species control, shall have sole administrative responsibility and accountability for that designated invasive species. The lead agency shall:
(1) Coordinate all efforts between other departments and federal and private agencies to control or eradicate the designated invasive species;
(2) Prepare a biennial multi-departmental budget proposal for the legislature and invasive species administrator forty days before the convening of the regular session of the legislature in each odd-numbered year, showing the budget requirements of each of the lead agency's assigned invasive species that includes the budget requirements of all departments that it leads for that species as well as other federal and private funding for that invasive species;
(3) Prepare and distribute an annual progress report forty days prior to the convening of each regular session of the legislature to the governor, legislature, and the invasive species administrator that includes the status of each assigned invasive species with respect to its control or eradication; and
(4) Any other function of a lead agency necessary to effectuate the purposes of this chapter.
§ -5 Authority to enter premises; departments of agriculture, health, and land and natural resources. Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this chapter, the departments of agriculture, health, and land and natural resources and each department's agents, pursuant to this chapter, are authorized to examine, control, and eradicate all instances of invasive species on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.
§ -6 Private property. (a) Whenever any invasive species is found on private property, the departments of agriculture, health, or land and natural resources, as the case may be, may enter such premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and pursuant to the court order in subsection (d).
(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner if residing in the State. If the owner resides out of the State or cannot be expeditiously noticed, notice left at the house or posted on the premises shall be sufficient.
(c) The department may instead cause notice to be given, and order the owner to control or eradicate the invasive species, if such species was intentionally and knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within such reasonable time as the department may deem proper, pursuant to the notice requirements of this section.
(d) If the owner thus notified fails to comply with the order of the department, or its agent, within the time specified by the department, the department or its agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and, being accompanied by the department, between the hours of sunrise and sunset, execute measures to control or eradicate the invasive species.
(e) The department may recover by appropriate proceedings the expenses incurred by its order from any owner, who, after proper notice has failed to comply with the department's order.
(f) In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced in pursuance of this chapter.
§ -7 State or county property. (a) Whenever any invasive species is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the departments of agriculture, health, or land and natural resources, or its agent, as the case may be, to the person officially in charge thereof, and the person shall be reasonably notified and ordered by the department to control or eradicate the invasive species.
(b) In case of a failure to comply with the order, the mode of procedure shall be the same as provided in case of private persons in section -6.
§ -8 Rulemaking. The administrator may adopt rules pursuant to chapter 91 to effectuate this chapter."
SECTION 2. 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 2003-2004, to effectuate the purposes of this Act.
SECTION 3. The sum appropriated shall be expended by the office of the governor for the exclusive purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2003.