SB639

SECTION 1. The legislature finds that conservation organizations in the State are fighting to slow the invasion of alien plants that are spreading from home and commercial landscapes into native forests. The introduction of new plants into Hawaii adds to the growing number of existing invasive species that crowd out native plants and cover open fields.

Under section 152-4, Hawaii Revised Statutes, the department of agriculture is responsible for designating certain plant species as noxious weeds, and is required to publish and make available to interested persons a list of designated noxious weeds. The list that is currently available was last revised in 1992. Since then, many new plant species with the potential for causing an infestation have been introduced into Hawaii. Many plant wholesalers and retail outlets located statewide sell these plants to customers for home and commercial landscapes, thus potentially adding to the number of invasive species in the State. The legislature further finds that more effort is needed to control or eradicate the expanding number of alien plant species and protect the State's native plant population and agricultural economy.

The purposes of this Act are to:

(1) Prohibit the sale of plants designated as noxious weeds in Hawaii;

(2) Prohibit the sale of new plant species in Hawaii until the department of agriculture has evaluated and approved the introduction of the new plant species;

(3) Require the department of agriculture to update its list of noxious weeds every two years; and

(4) Appropriate funds to allow the department of agriculture to review and update on a regular periodic basis its lists of noxious weeds and restricted plants, and its rules relating to restricted plants, noxious weeds, and enforcement.

SECTION 2. Section 150A-6.1, Hawaii Revised Statutes, is amended to read as follows:

"§150A-6.1 Plant import. (a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants shall not be imported into the State without a permit issued pursuant to rules.

(b) The department shall designate, by rule, as restricted plants, specific plants that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health. In addition, plant species designated by rule as noxious weeds are designated as restricted plants.

(c) No person shall import, offer for sale, or sell within the State any of the following plant species, or any portions thereof:

(1) Salvinia molesta [or];

(2) Salvinia minima [~~and~~];

(3) Pistia stratiotes [~~plants or portion thereof within~~

~~the State~~]; or

(4) Plant species designated by rule as noxious weeds.

(d) No person shall import, offer for sale, or sell within the State any new plant species unless the plant species is evaluated and approved by the department. The department shall determine whether the new plant species will be designated as a restricted plant."

SECTION 3. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:

"§152-4 Designation of noxious weed. The department may designate certain plant species as noxious weeds following the criteria and procedures established under section 152-2(1). The department shall publish and make available a list of noxious weeds to interested persons[.] and shall update this list every two years."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of agriculture to review and update its lists of noxious weeds and restricted plants, and amend its rules relating to restricted plants imported into Hawaii, noxious weeds, and enforcement.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	639
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII