HOUSE OF REPRESENTATIVES

H.C.R. NO.

208

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

SUPPORTING CONGRESSIONAL ACTION to exempt the state of hawaii from FEDERAL PREEMPTION prohibiting STATE INSPECTION OF PLANTS, plant products, AND OTHER BIOLOGICAL ORGANISMS.

 

 

 


     WHEREAS, invasive species are a major problem on all islands of Hawaii; and

 

     WHEREAS, Act 85, Session Laws of Hawaii 2003, which created the Hawaii Invasive Species Council indicates that invasive species cause "millions of dollars in crop losses, the extinction of native species, the destruction of native forests, and the spread of disease"; and

 

     WHEREAS, in addition, the State expends a significant amount of funds to eradicate invasive species, such as the coqui frog, Australian treefern, miconia, and varroa mite; and

 

     WHEREAS, to prevent the exacerbation of the invasive species problem, state inspection programs should be enhanced to prevent new invasive species from entering Hawaii's borders; and

 

     WHEREAS, the State's ability to establish an inspection program for imported foreign plants and products, however, is hampered by a federal preemption provision in the Plant Protection Act of 2000, Public Law 106-224 that states:

 

     No State or political subdivision of a State may regulate in foreign commerce any article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant product in order--

 

     (1)  to control a plant pest or noxious weed;

 

     (2)  to eradicate a plant pest or noxious weed; or

 

     (3)  prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed; and

 

     WHEREAS, the Legislature finds that, based on this preemption provision, the United States Department of Homeland Security refuses to notify the state Department of Agriculture when foreign shipments of plants that may carry invasive species enters Hawaii's borders; and

 

     WHEREAS, the Legislature further finds that the United States Department of Homeland Security's uncooperativeness greatly hinders the state Department of Agriculture's ability to inspect taro coming from the South Pacific islands and other foreign locations; and

 

     WHEREAS, foreign taro may contain diseases and beetles that could be extremely detrimental to the plant itself; and

 

     WHEREAS, Hawaii's congressional delegation is aware of the federal preemption problem and is working toward a resolution that would enable the state Department of Agriculture to conduct necessary inspections; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Legislature supports congressional action to exempt the State of Hawaii from federal preemption prohibiting state inspection of plants, plant products, and other biological organisms; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the members of Hawaii's congressional delegation, the United States Secretary of Agriculture, the United States Secretary of Homeland Security, and the Chairperson of the state Board of Agriculture.

 

 

 

 

OFFERED BY:

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Report Title: 

Supporting Congressional Action; State Inspection of Plants