Office of Fruit Fly Control

Establishes the office of fruit fly biology and control to study
and coordinate issues regarding the eradication of the fruit fly.

HOUSE OF REPRESENTATIVES                H.B. NO.1230       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 6       -1 Purpose.  The legislature finds that the economic
 7 toll caused by the fruit fly infestation of Hawaii's agricultural
 8 industry is both staggering and frustrating.  Despite best
 9 efforts by the State and the industry to eradicate or control the
10 fruit fly, it continues to resist eradication and by so doing,
11 affect the cost of local produce.
12      Eradication of the fruit fly, however, is not beyond
13 scientific and technological means.  Okinawa has successfully
14 eradicated two fruit fly species from the entire Okinawan
15 archipelago.  This accomplishment did not go unnoticed by Hawaii,
16 as the governors of Hawaii and Okinawa agreed in November 1993 to
17 collaborate on a fruit fly project.  Additionally, support from
18 the federal government is apparent but only if the State makes a
19 commitment to the project.  The purpose of this Act is to express

Page 2                                                     
                                     H.B. NO.1230       

 1 the legislature's intent to not only commit to an Okinawa-Hawaii
 2 project, but to also establish an office of fruit fly biology and
 3 control to study eradication techniques from all jurisdictions.
 4       -2 Office of fruit fly biology and control;
 5 appointments.(a)  There is established within the department of
 6 agriculture, an office of fruit fly biology and control.
 7      (b)  The head of the office shall be known as the director
 8 of the office of fruit fly biology and control, hereinafter
 9 referred to as "director".  The director shall have professional
10 training in the field of                 and other related
11 fields; extensive direct experience in programs or services
12 related to                ; and recent experience in a
13 supervisory, consultative, or administrative position.  The
14 director shall be nominated and appointed by the governor without
15 regard to chapters 76, 77, and 89.  Effective July 1, 1999, the
16 salary of the director shall be $      a year.  The director
17 shall be included in any benefit program generally applicable to
18 the officers and employees of the State.
19       -3  General functions, duties, and powers of the
20 director.  The director shall have the following principal
21 functions, duties, and powers:
22      (1)  Serve as the principal official in state government
23           solely responsible for the performance, development,

Page 3                                                     
                                     H.B. NO.1230       

 1           and control of programs, policies, and activities with
 2           respect to fruit fly biology and control;
 3      (2)  Oversee, supervise, and direct the performance by the
 4           director's subordinates of activities in such areas as
 5           planning, evaluation, and execution of office programs;
 6      (3)  Assess the policies and practices of other agencies and
 7           act as principle liaison with the Okinawan secretariat
 8           for fruit fly biology and control;
 9      (4)  Advise the governor on new legislation, programs, and
10           policy initiatives and conduct such liaison as would be
11           required to implement them;
12      (5)  Serve as a member of advisory boards and regulatory
13           panels of state agencies in such areas as            ;
14      (6)  Establish a clearinghouse for information with respect
15           to fruit fly biology and control;
16      (7)  Adopt rules pursuant to chapter 91 for the purposes of
17           this chapter; and
18      (8)  Employ and retain such staff as may be necessary for
19           the purposes of this chapter, in conformity with
20           chapters 76 and 77.
21         -4  Policy advisory board for fruit fly biology and
22 control.  There shall be a policy advisory board for fruit fly
23 biology and control, appointed by the governor under section

Page 4                                                     
                                     H.B. NO.1230       

 1 26-34.  The board shall advise the director in all areas of the
 2 program, including:
 3      (1)  The identification of issues and alternative approaches
 4           to solutions;
 5      (2)  The development of position statements and papers;
 6      (3)  Advocacy and legislative actions;
 7      (4)  Program development and operations; and
 8      (5)  The state policy and objectives for fruit fly biology
 9           and control under section    -7.
10 The board shall consist of five members appointed pursuant to
11 section 26-34.  There shall be three members who shall serve as
12 ex officio members from the departments of agriculture and
13 health, and by invitation, a representative of the United States
14 Department of Agriculture.  The members shall serve without
15 compensation, but shall be paid their necessary expenses,
16 including travel expenses, in attending meetings and carrying out
17 the responsibilities of the board.  The chairperson shall be
18 elected annually from the nongovernmental members of the board.
19 There shall be not less than twelve meetings of the board each
20 year.
21       -5 Recognition as responsible state agency.  The office
22 of fruit fly biology and control shall be the single state agency
23 responsible for coordinating programs affecting fruit fly biology

Page 5                                                     
                                     H.B. NO.1230       

 1 and control; provided that those programs affecting fruit fly
 2 biology and control now operated by other departments or agencies
 3 shall not be transferred to the office of fruit fly biology and
 4 control except by executive order of the governor.
 5       -6 Powers of other departments and agencies;
 6 cooperation with the office of fruit fly biology and control.  It
 7 shall be the duty and responsibility of every state department
 8 and county agency providing programs or services with respect to
 9 fruit fly biology and control, to coordinate its efforts with the
10 office of fruit fly biology and control before developing program
11 plans and to clear its final plans with the office prior to
12 implementation of such plans.  The executive heads of all such
13 departments and agencies shall cooperate with the office of fruit
14 fly biology and control in providing information as the office
15 deems necessary for the effective discharge of its duties under
16 this chapter.  However, nothing contained in this chapter shall
17 be deemed to delegate or detract in any way from the functions,
18 powers, and duties prescribed by law for any other department or
19 agency of this State, nor to interrupt or preclude the direct
20 relationships of any such department or agency or units of county
21 government in the performance of such functions, powers, and
22 duties.  Each department, agency, officer, and employee of the
23 State and counties shall cooperate and assist the office of fruit

Page 6                                                     
                                     H.B. NO.1230       

 1 fly biology and control in the performance of its functions,
 2 powers, and duties.
 3       -7 State policy and objectives for fruit fly biology
 4 and control.  The office of fruit fly biology and control shall
 5 be responsible with the policy advisory board under section
 6    -4, for establishing state policy and objectives for fruit fly
 7 biology and control.  The policy shall include the following:
 8      (1)  Establishing comprehensive long-range and immediate
 9           goals and objectives pursuant to this chapter;
10      (2)  Establishing priorities for program implementation and
11           of alternatives for program implementation;
12      (3)  Delineating the separate and mutual roles,
13           responsibilities, and authorities of the State and of
14           the several counties relative to the development and
15           administration of fruit fly biology and control;
16      (4)  Exchanging experience and expertise with other
17           jurisdictions including Okinawa through a project to
18           control or eradicate fruit flies in Hawaii and to
19           maintain Okinawa as a fly-free zone;
20      (5)  Conducting collaborative research projects with other
21           jurisdictions including Okinawa to improve and
22           establish the techniques to control or eradicate fruit
23           flies and other agricultural pests over wide-range

Page 7                                                     
                                     H.B. NO.1230       

 1           areas.  The research shall focus on environmentally
 2           friendly control and eradication methods with emphasis
 3           on the "sterile insect technique";
 4      (6)  Developing and implementing a plan to control or
 5           eradicate the fruit fly on a single Hawaiian island;
 6           and
 7      (7)  Exchanging financial, organizational, administrative,
 8           as well as technological expertise with other
 9           jurisdictions including Okinawa."
10      SECTION 2.  There is appropriated out of the general
11 revenues of the State of Hawaii, the sum of $        , or so much
12 thereof as may be necessary for fiscal year 1999-2000, and the
13 same sum, or so much thereof as may be necessary for fiscal year
14 2000-2001, for the office of fruit fly biology and control.
15      SECTION 3.  The sum appropriated shall be expended by the
16 department of agriculture for the purposes of this Act.
17      SECTION 4.  This Act shall take effect on July 1, 1999.
19                           INTRODUCED BY:  _______________________