Report Title:

Plant and Non-domestic Animal Quarantine Enforcement Program

 

Description:

Establishes the powers and duties of the DOA's plant and non-domestic animal quarantine enforcement program.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1025

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE.

 

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

SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding five new sections to part II to be appropriately designated and to read as follows:

"§150A-A Board of agriculture; chairperson, powers and duties. The board or chairperson shall establish within the department a quarantine enforcement program relating to the enforcement of this chapter and rules adopted by the department, and shall employ, appoint, and remove the following persons, who shall be provided with suitable badges or insignia of office by the department:

(1) A quarantine enforcement section chief of the department, who shall be the head of the quarantine enforcement program and shall have charge, direction, and control, subject to the direction of the board or chairperson, of all matters relating to the enforcement of this chapter and rules adopted by the department, and such other matters as the board may direct from time to time; and

(2) Personnel and enforcement officers of the quarantine enforcement program, including enforcement officers working on a voluntary basis and without pay.

§150A-B Board of agriculture; chairperson, de1egation of authority. The board or chairperson may delegate to enforcement officers within the quarantine enforcement program, such authority as may be required for the enforcement of state quarantine laws and rules adopted by the department.

§150A-C Quarantine enforcement officers, duties; other law enforcement officers. (a) The quarantine enforcement officers, with respect to any land, building, vessel, or aircraft shall:

(1) Enforce this chapter and rules adopted by the department;

(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

(3) Cooperate with enforcement authorities of the State, the counties, and the federal government in the development of programs and mutual agreements for quarantine enforcement activities within the State;

(4) Inspect and verify at reasonable hours without warrant, any permits and licenses issued by the department, any required records and documents, and any commodities related to these permits or licenses;

(5) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134; and

(6) Carry out such other duties and responsibilities as the board or chairperson from time to time may direct.

(b) Every state and county officer charged with the enforcement of laws and ordinances shall enforce, and assist in the enforcement of, this chapter and rules adopted by the department.

(c) The department may authorize federal enforcement authorities under a memorandum of agreement to enforce, and assist in the enforcement of, this chapter and rules adopted by the department.

§150A-D Board of agriculture; chairperson, police powers. (a) The board or chairperson shall have police powers and may appoint and commission enforcement officers within the quarantine enforcement program of the department. Persons appointed and commissioned under this section shall have, and may exercise, all of the powers and authority of police officers, including the power of arrest, and shall enforce all state laws and rules, and county ordinances within the State; provided that these powers shall remain in force and effect only while in the actual performance of their duties, which shall include off-duty employment when the employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty is the enforcement of this chapter and rules adopted by the department.

(b) An enforcement officer, upon arresting a person for violating this chapter and rules adopted by the department, may immediately take the person arrested to a police station or before a district court judge; or may take the name and address of the person, note the law or rule violated by the person, and issue a summons or citation, printed in the form described in section 150A-12, warning the person to appear and answer the charge against the person at a certain place and time within seven days after the citation or arrest. Any person failing to obey a summons issued pursuant to this section shall be subject to the penalty specified in section 150A-15.

§l50A-E Search and seizure; forfeiture of property. (a) Any police officer or agent of the department upon whom the board or chairperson has conferred the powers of a police officer, may conduct searches on probable cause as provided for by law and seize, capture, confiscate, or remove:

(1) Any commodity that is prohibited or restricted and without a permit, or otherwise in violation of this chapter or any rule adopted by the department; and

(2) Any equipment, article, instrument, aircraft, vehicle, vessel, or records used in violation of this chapter or any rule adopted by the department.

(b) Any prohibited commodity, or other commodity in violation of this chapter, shall be forfeited upon seizure. Notwithstanding any other law to the contrary, any commodity seized may be immediately sent out of the State at the owner’s expense, donated to a government-affiliated aquarium or municipal zoo, destroyed, or disposed of as determined by the department.

(c) Any equipment, article, instrument, aircraft, vehicle, vessel, business records, or prohibited or restricted commodity without a permit that is seized shall be subject to forfeiture pursuant to chapter 7l2A. Unless otherwise directed by the court pursuant to chapter 712A, any item, other than a commodity, that is seized shall be forfeited to the State for disposition as determined by the department, or may be destroyed or kept, retained, and utilized by the department or any other state agency. If not needed or required by the department or other state agency, the forfeited item shall be disposed of as provided by chapter 712A."

SECTION 2. Section 150A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Commodity" includes any animal, plant, or microorganism in any stage of development that is regulated by this chapter and rules adopted by the department."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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