HI HB1195

Vests ownership of all biodiversity in Hawaii with the State, regardless of whether resources are on state or private lands, with biodiversity rights reserved in all land patents, leases, and conveyances.

Creates an 11-member Commission on Bioprospecting placed within the Department of Land and Natural Resources, including representatives from the Office of Hawaiian Affairs, University of Hawaii, business/economic development, five Native Hawaiian community members, and two biotechnology industry representatives.

Requires the Department of Land and Natural Resources to adopt administrative rules establishing a two-track permit system: one track for commercial bioprospecting activities referred to the Commission for review, and one fast-track for non-commercial academic research.

Mandates the Commission to establish procedures for access and benefit sharing agreements that include prior informed consent from stakeholders, equitable benefit distribution, biosafety protocols, and protection of Hawaiian traditional and customary practices.

Appropriates unspecified funds for fiscal years 2009-2010 and 2010-2011 to establish and operate the Commission on Bioprospecting.