HOUSE OF REPRESENTATIVES	H.B. NO.	1513
TWENTY-SEVENTH LEGISLATURE, 2014
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.  The legislature finds that coqui frogs are designated as a pest pursuant to section 141-3, Hawaii Revised Statutes.  The legislature also finds that the department of agriculture is participating in a multi-agency campaign to stop the spread of coqui frogs in Hawaii.  Since the spread of coqui frogs is associated with the movement of household potted plants and leaf litter, one way to control the movement and growth of the coqui frog population is to eradicate them before the sale or transport of nursery stock that may contain pests such as coqui frogs.

     The purpose of this Act is to require owners or persons in charge or in possession of certified and non-certified nursery stock to properly treat plants for the eradication of pests before the sale or transport of the nursery stock within the State or intraisland.

     SECTION 2.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§150A-  Nursery stock treatment requirements. All certified and non-certified nursery stock shall be properly treated for the eradication of pests designated in section 141-3 before the sale or transport of the stock from one island to another island within the State or from one locality to another on the same island.  Nurseries or landscapers shall eradicate nursery stock from all infested properties where proof of sale or placement has been made.  If proof of sale is not documented, owners or persons who have knowledge of pest infestation on their property must take appropriate measures to begin and maintain eradication efforts.  Any expense or loss in connection with eradication efforts shall be borne by the owner or the owner's agent."

     SECTION 3.  Section 150A-6.5, Hawaii Revised Statutes, is amended to read as follows:

"§150A-6.5  Animals; prohibition against possession, etc.; exception.  No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon a determination that the species:

         (1)  (A)  Was initially permitted entry and later prohibited entry into the State[;] for the sole purpose of scientific research; or

        [(2)] (B)  Was continually prohibited but unlawfully introduced and is currently [established in the State;] under scientific research; and

    [(3)] (2)  Is not significantly harmful to agriculture, horticulture, or animal or public health, and the environment.

Under the circumstances described in this [[]section[]], the board may permit possession of the individual animal through its registration with the department while still prohibiting the same species of animal from importation, propagation, transfer, and sale."

     SECTION 4.  Section 150A-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who:

     (1)  Violates section 150A-6(3) or 150A-6(4)[,] with gross negligence, or owns [or intentionally], transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of not less than $5,000, but not more than $20,000;

     (2)  [Intentionally transports,] Transports, harbors, or imports [with the intent to propagate, sell, or release] any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000; or

     (3)  [Intentionally imports,] Imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, [with the intent to propagate, sell, or release,] any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of not less than $50,000, but not more than $200,000."

     SECTION 5.  Section 150A-22, Hawaii Revised Statutes, is amended to read as follows:

"[[]§150A-22[]]  Responsibility for treatment.  Any treatment of certified and non-certified nursery stock which may be required under the provisions of law shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Pests; Treatment of Nursery Stock; Penalty

Description:

Requires nursery stock to be treated for the eradication of pests before the sale or transport of the nursery stock from one island to another island within the State or intraisland.  Limits the exception to possess, propagate, sell, transfer, or harbor prohibited animals to those being used for scientific research.  Eliminates the element of intent from the penalty for owning, possessing, harboring, transferring, and importing prohibited animals and pests.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.