Bill Text: HI SB2527 | 2010 | Regular Session | Amended
Bill Title: Department of Agriculture; Operating Costs; Omnibus Bill
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-04-22 - (H) Conference Committee Meeting will reconvene on Friday 04-23-10 11:15AM in conference room 224. [SB2527 Detail]
Download: Hawaii-2010-SB2527-Amended.html
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THE SENATE |
S.B. NO. |
2527 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to promote and support agriculture by, among other things:
(1) Amending section 147-1, Hawaii Revised Statutes, by amending the definition of "agricultural commodity";
(2) Establishing the agriculture inspection and certification special fund under the department of agriculture;
(3) Transmitting all fees and moneys collected by the department of agriculture pursuant to chapters 144, 145, 147, and 150, Hawaii Revised Statutes, and rules adopted pursuant to section 141-4, Hawaii Revised Statutes, to the agriculture inspection and certification special fund;
(4) Allowing the department to enter into agreements with government and private agencies to hire inspectors;
(5) Transferring all moneys and unpaid obligations of the certification services revolving fund on June 30, 2010, to the agriculture inspection and certification special fund; and
(6) Repealing the certification services revolving fund.
SECTION 2. Chapter 147, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and read as follows:
"§147-__ Agriculture inspection and certification special fund. (a) There is established within the state treasury the agriculture inspection and certification special fund.
(b) The following shall be deposited into the fund:
(1) Fees, charges, fines, and penalties designated by law or rule for deposit into the fund;
(2) Federal funds received for inspecting, certifying, weighing, classifying, or grading of agricultural commodities to be exported from or shipped within the state;
(3) Grants and gifts;
(4) Funds received for food safety or food security certification seals;
(5) Funds received for promoting safety-certified food suppliers and services related to food safety;
(6) All interest earned or accrued on moneys deposited in the fund; and
(7) Any other moneys made available to the fund.
(c) The moneys in the agriculture inspection and certification special fund shall be expended by the department for:
(1) The licensure of commission merchants, dealers, brokers, agents, processors, and retail merchants;
(2) The administration, operation, and enforcement of chapter 144, part I of chapter 145, chapter 150, this chapter, and rules adopted pursuant to section 141-4; and
(3) The inspection, certification, weighing, or grading of agricultural commodities that are to be imported into, exported from, or shipped within the state.
No moneys from the general or other special or revolving funds shall be expended by the department for the administration, operation, or enforcement of chapter 144, part I of chapter 145, chapter 150, this chapter, or rules adopted pursuant to section 141-4; provided that the expenditure of moneys from the general fund for central services and departmental administrative expenses shall be permitted. Moneys in the agriculture inspection and certification special fund shall be expended to cover costs of administering chapter 144, part I of chapter 145, chapter 150, this chapter, and rules adopted pursuant to section 141-4, including the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, contracts for services, and promotional expenses."
SECTION 3. Section 141-4, Hawaii Revised Statutes, is amended to read as follows:
"§141-4
Weights of coffee; rules. The department of agriculture may make rules
respecting the weighing of coffee prior to its shipment to points outside the [State,]
state, and providing for the certification of weights thereof. Further,
a reasonable schedule of fees to defray the expense of administering this
section shall be established by the department, which fees shall be collected
and [deposited with] transmitted to the state director of finance
[to the credit of the general] for deposit into the agricultural
inspection and certification special fund; provided that the department
shall consult the appropriate industries, organizations, and agencies prior to
the promulgation of the rules."
SECTION 4. Section 144-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There
shall be paid to the department for all feeds distributed or imported for use
or sale in this [State,] state, inspection fees as established by
the rules of the department; provided that the department shall exempt by rule
the payment of inspection fees on feed not subject to specific requirements of
this chapter or rules adopted under this chapter. All inspection fees
collected shall be [deposited with] transmitted to the state
director of finance [to the credit of the general] for deposit into
the agricultural inspection and certification special fund."
SECTION 5. Section 145-14, Hawaii Revised Statutes, is amended to read as follows:
"§145-14
Disposition of fees and charges. (a) All fees, charges, expenses,
and other moneys collected pursuant to this [chapter] part shall
be [deposited with] transmitted to the state director of finance
[to the credit of the general] for deposit into the agriculture
inspection and certification special fund.
(b) The following moneys shall be deposited into the agriculture inspection and certification special fund:
(1) Fees, charges, expenses, and other moneys collected under this part;
(2) Fines collected from violations of this part;
(3) Interest earned on the moneys in the special fund; and
(4) All other moneys made available to the fund."
SECTION 6. Section 147-1, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:
""Agricultural
commodity” means fresh fruits and fresh vegetables of every kind and character,
whether or not frozen or packed in ice, whether produced in the [State] state
or imported, nuts, and coffee, whether cherry or parchment, or green beans,
which have been produced in the [State, and] state, raw
unprocessed honey, whether produced in the [State] state or
imported[,], milk which has been produced in the state, poultry eggs
or poultry carcass or meat which has been produced in the state, and any live
animal included in section 142-49 or the carcass or meat of these animals,
whether produced in the state or imported except the carcass or meat of horses
or llamas."
SECTION 7. Section 147-10, Hawaii Revised Statutes, is amended to read as follows:
"§147-10
Income from certification and agriculture control activities. [Except
for fees collected by the department pursuant to part VII, all] All
fees, expenses, and penalties collected by the department pursuant to this part
shall be [deposited with] transmitted to the director of finance
[to the credit of the general] for deposit into the agriculture
inspection and certification special fund."
SECTION 8. Section 147-34, Hawaii Revised Statutes, is amended to read as follows:
"§147-34
Inspection; certification fees. The board of agriculture may designate any
appropriately-certified employee or agent of the department as an
inspector to classify and inspect fresh and processed flowers and foliage for
quality and condition and to determine if containers, packing materials, and
methods of packing meet the minimum requirements established. In addition the
inspector may classify and inspect flowers and foliage for quality and
condition at the request of persons having a financial interest in the
commodities [in order] to ascertain and to certify to those persons the
grade, classification, quality, or condition thereof and other pertinent
facts. The department may fix, assess, and collect or cause to be collected
fees for those certification services when they are performed by the employees
of the department. The fees shall be on a uniform basis and in an amount
reasonably necessary to cover the cost of certification services provided at
the request of persons having a financial interest. [Except for fees
collected by the department pursuant to part VII, all] All fees
collected by the department pursuant to this part shall be [deposited with]
transmitted to the [state] director of finance [to the credit
of the general] for deposit into the agriculture inspection and
certification special fund."
SECTION 9. Section 147-64, Hawaii Revised Statutes, is amended to read as follows:
"§147-64
Deposit of moneys. [Except for fees collected by the department
pursuant to part VII, all] All fees, charges, expenses, civil
penalties, and other moneys collected by the department under this part or any
rules prescribed by the department pursuant to this part shall be [deposited
with] transmitted to the [state] director of finance [to
the credit of the general] for deposit into the agriculture inspection
and certification special fund."
SECTION 10. Section 147-74, Hawaii Revised Statutes, is amended to read as follows:
"§147-74
Grading standards and regulations[.]; fees. (a)
Subject to chapter 91, the department of agriculture may make rules with
respect to:
(1) Sale and transportation for sale of eggs for human consumption;
(2) Specific grades or standards of quality, condition and size or weight classes which shall conform when practical to those established by the United States Department of Agriculture as local conditions will permit;
(3) Inspection and classification;
(4) Assessment and collection of fees for requested certification as to grade, standard of quality, condition, and size of weight classes;
(5) Labeling of containers of imported and locally produced eggs and marking of individual imported eggs as to origin;
(6) Seller’s invoice for sale of eggs;
(7) Records of imported shell eggs of foreign origin;
(8) Methods of determining egg quality, which shall not include recandling or any other method applied to eggs in interstate commerce which is discriminatory or impairs that commerce in any way or requires a cost increase of eggs in interstate commerce; and
(9) Enforcement of this part and of the rules adopted under this part.
(b) Any fees collected pursuant to subsection (a)(4) shall be transmitted to the director of finance for deposit into the agriculture inspection and certification special fund."
SECTION 11. Section 147-97, Hawaii Revised Statutes, is amended to read as follows:
"§147-97
Disposition of fees. All fees collected under this part shall be [paid
into a special fund established by the department of agriculture and shall be
expended for the purposes of this part.] transmitted to the director of
finance for deposit into the agriculture inspection and certification special
fund."
SECTION 12. Section 147-102, Hawaii Revised Statutes, is amended to read as follows:
"[[]§147-102[]]
Certification and audit services. The department of agriculture shall
fix, assess, and collect fees for certification or audit services provided by
temporary inspectors employed under this [part;.] chapter. The
fees shall be in amounts necessary to cover all costs of the administration and
provision of the certification or audit services provided under this [part;]
chapter; provided that the department of agriculture shall establish
charges for traveling expenses and extraordinary services when the performance
of the services involves unusual cost. The fees and charges established by the
department of agriculture shall not be subject to chapter 91[.] and,
upon collection, shall be transmitted to the director of finance for deposit
into the agriculture inspection and certification special fund. The
department of agriculture may employ temporary inspectors to assist in
providing certification or audit service under parts I, III, IV, VIII, and IX,
and those temporary inspectors shall be exempt from chapter 76."
SECTION 13. Section 147-112, Hawaii Revised Statutes, is amended to read as follows:
"[[]§147-112[]]
Cooperative agreements and contracts to provide auditing and certification
services. The department may enter into cooperative agreements with the
United States Department of Agriculture or other agreements and contracts with
private parties or other governmental agencies for the purposes of:
(1) Auditing and certifying that applicants are
following good agricultural handling, processing, and manufacturing practices;
[and]
(2) Hiring and paying travel and other expenses for inspectors to perform the certification and audit services required under this chapter;
[(2)] (3) Maintaining food safety,
security, and product traceability[.]; and
(4) Establishing and maintaining an Internet food safety promotional and reporting system."
SECTION 14. Section 147-114, Hawaii Revised Statutes, is amended to read as follows:
"[[]§147-114[]]
Fees and deposit of moneys. (a) The department shall fix, assess, and
collect fees for the audit and certification services provided under this part[.],
including fees for hiring inspectors to perform the services. The fees
shall be as established under cooperative agreement with the United States
Department of Agriculture or other governmental agencies or, if not applicable,
as established by rule under section 147-7. The department [may] shall
also charge an amount necessary to cover all costs of traveling expenses and
extraordinary services when the performance of the services involves unusual
cost in their performance.
(b) [Except
for fees collected by the department pursuant to part VII, all] All
fees and expenses collected by the department pursuant to this part shall be [deposited
with] transmitted to the director of finance [to the credit of
the general] for deposit into the agriculture inspection and
certification special fund."
SECTION 15. Section 147-126, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Except
for fees collected by the department pursuant to part VII, all] All
fees and expenses collected by the department pursuant to this part shall be [deposited
with] transmitted to the director of finance [to the credit of
the general] for deposit into the agriculture inspection and
certification special fund."
SECTION 16. Section 147-101, Hawaii Revised Statutes, is repealed.
["§147-101
Certification services revolving fund. There is established a
certification services revolving fund for use by the department of agriculture
to support certification or audit services established under parts I, III, IV,
VIII, and IX. Moneys in the fund may be expended for materials, salaries,
equipment, training, travel, and other costs related to providing certification
or audit services. Notwithstanding section 147-10, 147-34, 147-64, 147-114 and
147-126, moneys derived from the certification or audit services provided by
temporary inspectors employed under this part or from charges for traveling
expenses or extraordinary services shall be deposited into the fund."]
SECTION 17. (a) The repeal of section 147-101, Hawaii Revised Statutes, shall not rescind any fees authorized or imposed under that section that would have been deposited into the certification services revolving fund. From July 1, 2010, the fees under those sections shall be deposited into the agriculture inspection and certification special fund.
(b) On the effective date of this Act:
(1) All moneys in the certification services revolving fund on June 30, 2010, shall be transferred to the agriculture inspection and certification special fund;
(2) All unpaid obligations of the certification services revolving fund on June 30, 2010, shall become payable from the agriculture inspection and certification special fund; and
(3) The certification services revolving fund shall cease to exist.
SECTION 18. (a) Between July 1, 2020, and September 30, 2010, the department of agriculture shall adopt new or amend existing rules to impose or increase fees authorized to be charged under section 141-4, chapter 144, part I of chapter 145, chapter 150, chapter 147, Hawaii Revised Statutes, and rules adopted pursuant to section 141-4, Hawaii Revised Statutes, without regard to the public notice and public hearing requirements of section 91-3, Hawaii Revised Statutes, the small business impact review requirements or chapter 201M, Hawaii Revised Statutes or the limit on fee increases under section 92-28, Hawaii Revised Statutes. The department shall set the fees through a two-tiered increase at amounts intended to generate sufficient revenues to pay the operation and maintenance costs of implementing the agriculture inspection and certification programs of chapter 141, chapter 144, part I of chapter 145, chapter 147, chapter 150, Hawaii Revised Statutes, and rules adopted pursuant to section 141-4, Hawaii Revised Statutes, and central services and departmental administrative expense assessments of section 36-27 and section 36-30, Hawaii Revised Statutes.
(b) If, by September 30, 2010, the department of agriculture has not complied with subsection (a), then the fee charged for each inspection or certification conducted under authority of section 141-4, chapter 144, part I of chapter 145, chapter 147, chapter 150, Hawaii Revised Statutes, and rules adopted pursuant to section 141-4, Hawaii Revised Statutes, shall be $65 per hour or as established under cooperative agreement with the United States Department of Agriculture or other governmental agencies commencing October 1, 2010, and the fee charged for licensure of or license renewal for a commission merchant, dealer, broker, agent, processor, or retail merchant shall be:
(1) $80 for commission merchant, dealer, broker, agent, or processor;
(2) $20 for a retail merchant, and
(3) $10 for each branch store;
commencing October 1, 2010.
(c) Any subsequent amendments to the rules adopted or amended pursuant to subsection (a) or the fee established under subsection (b) shall be subject to all applicable provisions of chapter 91, chapter 201M, and section 92-28, Hawaii Revised Statutes.
SECTION 19. Notwithstanding section 2 of this Act, there is appropriated out the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 for deposit into the agriculture inspection and certification special fund to cover the costs of the agriculture inspection and certification program of the department of agriculture; provided that funding shall cease when the collection into the agriculture inspection and certification special fund becomes sufficient to carry out the purposes of this Act.
There is appropriated out of the agriculture inspection and certification special fund established by chapter 147, Hawaii Revised Statutes, the sum of $ for fiscal year 2010-2011 for the purposes of the agricultural inspection and certification program. The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 21. This Act shall take effect on July 1, 2020.
Report Title:
Agricultural Commodity, Inspection and Certification
Description:
Amends the definition of "agricultural commodity" to include milk, eggs, poultry, and livestock of the bovine, swine, sheep, or goat species and the carcasses or meat of those species. Establishes the Agriculture Inspection and Certification Special Fund under the Department of Agriculture for the inspection, certification, weighing, or grading of agricultural commodities that are to be imported into, exported from, or shipped within the state. Deposits all fees, civil penalties, and other moneys collected by DOA into the Special Fund. Allows DOA to enter into agreements with government and private agencies to hire and pay inspectors to perform certification and audit services, maintain food safety, and establish and maintain an Internet food safety promotional and reporting system. Repeals the Certification Services Revolving Fund. Requires the establishment or increase of certain fees to cover the operation and maintenance costs of agriculture inspection and certification programs, and central services and departmental administrative expense assessments. Appropriates funds for DOA's agriculture inspection and certification program. Effective July 1, 2020. (SB2527 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent
