§194-2  [Establishment of council; duties.] (a)  There is established the invasive species council for the special purposeof providing policy level direction, coordination, and planning among statedepartments, federal agencies, and international and local initiatives for thecontrol and eradication of harmful invasive species infestations throughout theState and for preventing the introduction of other invasive species that may bepotentially harmful.  The council shall:

(1)  Maintain abroad overview of the invasive species problem in the State;

(2)  Advise,consult, and coordinate invasive species-related efforts with and between thedepartments of agriculture, land and natural resources, health, andtransportation, as well as state, federal, international, and privatelyorganized programs and policies;

(3)  Identify andprioritize each lead agency's organizational and resource shortfalls withrespect to invasive species;

(4)  Afterconsulting with appropriate state agencies, create and implement a plan thatincludes the prevention, early detection, rapid response, control, enforcement,and education of the public with respect to invasive species, as well asfashion a mission statement articulating the State's position against invasivespecies; provided that theappropriate state agencies shall collaborate with the counties and communitiesto develop and implement a systematic approach to reduce and control coqui froginfestations on public lands that are near or adjacent to communities, andshall provide annual reports on the progress made in achieving this objective;

(5)  Coordinateand promote the State's position with respect to federal issues, including:

(A)  Quarantinepreemption;

(B)  Internationaltrade agreements that ignore the problem of invasive species in Hawaii;

(C)  Firstclass mail inspection prohibition;

(D)  Whetherquarantine of domestic pests arriving from the mainland should be provided bythe federal government;

(E)  Coordinatingefforts with federal agencies to maximize resources and reduce or eliminatesystem gaps and leaks, including deputizing the United States Department ofAgriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;

(F)  Promotingthe amendment of federal laws as necessary, including the Lacey Act Amendmentsof 1981, Title 16 United States Code sections 3371-3378; Public Law 97-79, andlaws related to inspection of domestic airline passengers, baggage, and cargo;and

(G)  Coordinatingefforts and issues with the federal Invasive Species Council and its NationalInvasive Species Management Plan;

(6)  Identify andrecord all invasive species present in the State;

(7)  Designate thedepartment of agriculture, health, or land and natural resources as the leadagency for each function of invasive species control, including prevention,rapid response, eradication, enforcement, and education;

(8)  Identify allstate, federal, and other moneys expended for the purposes of the invasivespecies problem in the State;

(9)  Identify allfederal and private funds available to the State to fight invasive species andadvise and assist state departments to acquire these funds;

(10)  Advise thegovernor and legislature on budgetary and other issues regarding invasivespecies;

(11)  Provideannual reports on budgetary and other related issues to the legislature twentydays prior to each regular session;

(12)  Include andcoordinate with the counties in the fight against invasive species to increaseresources and funding and to address county-sponsored activities that involveinvasive species;

(13)  Review stateagency mandates and commercial interests that sometimes call for themaintenance of potentially destructive alien species as resources for sporthunting, aesthetic resources, or other values;

(14)  Review thestructure of fines and penalties to ensure maximum deterrence for invasivespecies-related crimes;

(15)  Suggestappropriate legislation to improve the State's administration of invasivespecies programs and policies;

(16)  Incorporateand expand upon the department of agriculture's weed risk assessment protocolto the extent appropriate for the council's invasive species control anderadication efforts; and

(17)  Perform anyother function necessary to effectuate the purposes of this chapter.

(b)  The council shall be placed within thedepartment of land and natural resources for administrative purposes only andshall be composed of:

(1)  The president of the University of Hawaii, or the president's designated representative;

(2)  The director, or the director's designatedrepresentative, of each of the following departments:

(A)  Business, economic development, andtourism;

(B)  Health; and

(C)  Transportation; and

(3)  The chairperson, or the chairperson's designatedrepresentative, of each of the following departments:

(A)  Agriculture; and

(B)  Land and natural resources.

(c)  Representatives of federal agencies, thelegislature, and members of the private sector shall be asked to participate orconsulted for advice and assistance.  Representatives of the legislature shallconsist of eight members, as follows:

(1)  Four senators, one from each county, tobe selected by the senate president; and

(2)  Four representatives, one from eachcounty, to be selected by the speaker of the house of representatives.

(d)  The council shall meet no less than twiceannually to discuss and assess progress and recommend changes to the invasivespecies programs based on results of current risk assessments, performancestandards, and other relevant data.  Notwithstanding any law to the contrary:

(1)  Asimple majority of voting members of the council shall constitute a quorum todo business; and

(2)  Anyaction taken by the council shall be by a simple majority of the votingmembers.

(e)  The council shall submit a report of itsactivities to the governor and legislature annually. [L 2003, c 85, §3; am L2004, c 10, §16; am L 2006, c 109, §§1, 2; am L 2008, c 160, §1]