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THE SENATE |
S.B. NO. |
2347 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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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. (a) Nursery stock infested with little fire ants, coqui frog, or any other pest designated pursuant to section 141-3 for control or eradication shall not be sold or transported from one island to another island within the State or from one locality to another on the same island unless the nursery stock has been subjected to appropriate treatment that exterminates the pest. This requirement shall apply whether the nursery stock is from a certified or non-certified nursery.
(b) Nurseries or landscapers who fail to treat their nursery stock in accordance with subsection (a) prior to transport shall be responsible for appropriate treatment at their own expense to exterminate the pest from:
(1) Nursery stock on infested properties where proof of sale or placement of their nursery stock has been made; and
(2) Any other nursery stock on the affected properties that has been infested by the transported nursery stock.
(c) For purposes of subsection (b)(1), if proof of sale or placement is not documented, persons with knowledge of pest infestation on their property shall take and maintain appropriate pest control and extermination measures at their own expense.
(d) Nurseries or landscapers with knowledge of pest infestation on their properties shall take and maintain vigilant and appropriate control and extermination measures on their property against any pest designated pursuant to section 141-3 and shall bear the expense of these efforts."
SECTION 3. 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 4. 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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. Requires an element of gross negligence, rather than intent, for a violation of section 150A-6(3) or (4), Hawaii Revised Statutes, relating to the importation, possession, or transportation of certain animals, plants, or equipment that is harmful to agriculture, horticulture, animals, public health, or natural resources. Eliminates the element of intent to propagate, sell, or release from the penalty for transporting, harboring, or importing prohibited animals or restricted plants, animals, or microorganisms without a permit and from the penalty for importing, possessing, harboring, transferring, or transporting any designated pest. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.