Hawaii 2023 Regular Session

Hawaii House Bill HB746 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 746 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to aquaculture. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 746
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to aquaculture.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the department of agriculture's plant quarantine branch, within the plant industry division, and its animal industry division split the responsibility of movement administration of agriculture plants and animals. Unfortunately, when administrative rules were established in 1941, aquaculture was not a possible livestock sector; therefore, the aquaculture program was placed under the plant industry division at the time. The legislature further finds that inefficiencies and a lack of transparency in the plant quarantine branch process have severely constrained the importation of new aquaculture species, effectively stopping all new aquatic livestock development. Administering the aquaculture program as part of livestock movement administration instead would allow for more effective management of importation and inter-island movement of aquaculture and more robust development of the aquaculture industry in the State. The purpose of this Act is to transfer the rights, powers, functions, and duties of the department of agriculture plant industry division relating to the State's aquaculture program to the animal industry division. SECTION 2. Section 141-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is established within the [department] department's animal industry division an aquaculture program that shall: (1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities; (2) Serve as an information clearinghouse for aquaculture activities; (3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential; (4) Actively seek federal funding for aquaculture activities; (5) Undertake activities required to develop and expand the aquaculture industry; and (6) Perform other functions and activities that may be assigned by law." SECTION 3. All rights, powers, functions, and duties of the department of agriculture plant industry division relating to the aquaculture program are transferred to the department of agriculture animal industry division. All employees who occupy civil service positions and whose functions are transferred to the animal industry division by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The chairperson of the board of agriculture may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the department of agriculture's plant quarantine branch, within the plant industry division, and its animal industry division split the responsibility of movement administration of agriculture plants and animals. Unfortunately, when administrative rules were established in 1941, aquaculture was not a possible livestock sector; therefore, the aquaculture program was placed under the plant industry division at the time. The legislature further finds that inefficiencies and a lack of transparency in the plant quarantine branch process have severely constrained the importation of new aquaculture species, effectively stopping all new aquatic livestock development. Administering the aquaculture program as part of livestock movement administration instead would allow for more effective management of importation and inter-island movement of aquaculture and more robust development of the aquaculture industry in the State.
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51	51	The purpose of this Act is to transfer the rights, powers, functions, and duties of the department of agriculture plant industry division relating to the State's aquaculture program to the animal industry division.
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53	53	SECTION 2. Section 141-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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55	55	"(a) There is established within the [department] department's animal industry division an aquaculture program that shall:
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57	57	(1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;
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59	59	(2) Serve as an information clearinghouse for aquaculture activities;
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61	61	(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;
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63	63	(4) Actively seek federal funding for aquaculture activities;
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65	65	(5) Undertake activities required to develop and expand the aquaculture industry; and
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67	67	(6) Perform other functions and activities that may be assigned by law."
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69	69	SECTION 3. All rights, powers, functions, and duties of the department of agriculture plant industry division relating to the aquaculture program are transferred to the department of agriculture animal industry division.
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71	71	All employees who occupy civil service positions and whose functions are transferred to the animal industry division by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
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73	73	Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The chairperson of the board of agriculture may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
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75	75	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 5. This Act shall take effect on July 1, 2023.
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81	81	INTRODUCED BY: _____________________________
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83	83	INTRODUCED BY:
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85	85	_____________________________
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91	91	Report Title: Aquaculture Program; Transfer; Plant Industry Division; Animal Industry Division; Department of Agriculture Description: Transfers the rights, powers, functions, and duties of the department of agriculture plant industry division relating to the State's aquaculture program to the animal industry division. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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99	99	Aquaculture Program; Transfer; Plant Industry Division; Animal Industry Division; Department of Agriculture
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105	105	Transfers the rights, powers, functions, and duties of the department of agriculture plant industry division relating to the State's aquaculture program to the animal industry division.
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113	113	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.