HB1928 HD1.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	1928
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO invasive species.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 194-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§194-5 Entry; private property[]]. (a) Whenever any invasive species identified by the council for control or eradication is found on private property, a department may enter such premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to the court order in subsection (d).

(b) If applicable, a duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the [~~State.~~] state. If the owner resides out of the [~~State~~] state or cannot be expeditiously provided with notice, notice left at the house or posted on the premises shall be sufficient.

(c) The department may instead cause notice to be given, and order the owner to control or eradicate the invasive species, if such species was intentionally and knowingly established by the owner on the owner's property and not naturally disbursed from neighboring properties, at the owner's expense within such reasonable time as the department may deem proper, pursuant to the notice requirements of this section.

(d) If the owner thus notified fails to comply with the order of the department, or its agent, within the time specified by the department, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable subsection (b), the department or its agent may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member or its agent in gaining entry onto the premises, and executing measures to control or eradicate the invasive species.

(e) An adjoining property owner may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the adjoining property owner in gaining entry onto the premises, and executing measures to control or eradicate the invasive species; provided that:

(1) The adjoining property owner has notified the department designated by the council as the lead agency under section 194-2(a)(7) for the function of rapid response;

(2) The department, or other department as appropriate under section 194-2(a)(7), has verified that the species complained of is an invasive species as defined in section 520A-2;

(3) The department or departments, as the case may be, are unable to execute the control and eradication efforts authorized under subsection (a) due to insufficient resources; and

(4) The appropriate department has given reasonable notice to the owner of the property containing the invasive species that the adjoining property owner may apply for a court order under section 194-5(e), Hawaii Revised Statutes, to enter upon the property and control or eradicate the invasive species.

[~~(e)~~] (f) The department may recover by appropriate proceedings the expenses incurred by its order from any owner who, after proper notice, has failed to comply with the departments order.

[~~(f)~~] (g) In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this [[]chapter[]].

(h) For the purposes of this section, "adjoining property owner" means the owner of a property that shares a common boundary with the property containing the invasive species."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.