STAND. COM. REP. NO. 1227

Honolulu, Hawaii

, 2025

RE: S.B. No. 252

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Agriculture & Food Systems, to which was referred S.B. No. 252, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

The purpose of this measure is to expand the Department of Agriculture's authority to conduct certain investigations and clarify certain penalties to prevent the spread of invasive species in the State by:

(1) Clarifying that the importation of any pest or material infested or infected with an insect or other animal, disease, or pest is prohibited;

(2) Authorizing the Department of Agriculture to administratively inspect, without good cause, any article imported or moved into the State from the continental United States or between the Hawaiian Islands; and

(3) Clarifying penalties for various quarantine and import law violations, based in part on whether violations were knowingly committed.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawai‘i Invasive Species Council; Office of the Mayor of the County of Maui; Coordinating Group on Alien Pest Species; Hawai‘i Farm Bureau; Maui Chamber of Commerce; Hawai‘i Forest Industry Association; Hawai‘i Reef and Ocean Coalition; Hawaiʻi Food+ Policy; Big Island Invasive Species Committee; and seven individuals. Your Committee received comments on this measure from the Department of Agriculture.

Your Committee finds that invasive species pose the greatest threat to Hawaii's economy, environment, and public health, leading to habitat destruction, native species extinction, increased wildfire risk, and higher agricultural costs. Despite federal pre-departure inspections for exports from Hawaii, there are no similar protections for incoming shipments, allowing invasive pests to enter the State. This measure strengthens Hawaii's biosecurity measures by improving early detection and prevention efforts, ensuring stronger safeguards against invasive species, reducing long-term control costs, and protecting Hawaii's agriculture, biodiversity, and economy.

Your Committee has amended this measure by:

(1) Reinstating language from a previous version of this measure that:

(A) Prohibits a person from selling, bartering, or donating any material that is infested or infected with a pest, is itself a pest, or is prohibited from being sold pursuant to state law or administrative rules;

(B) Allows the Department of Agriculture to compel the quarantine, treatment, or destruction of such material; and

(C) Specifies that any quarantine, treatment, or destruction of material shall be at the expense of the owner of the material and shall not be made a basis of a claim against the Department of Agriculture or Department inspector for damage or loss incurred;

(2) Setting the minimum and maximum fines for a second violation within five years of a prior violation for the importation or possession of prohibited animals or plants at $1,000 and $20,000, respectively;

(3) Changing the effective date to July 1, 3000, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 252, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 252, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

____________________________

KIRSTIN KAHALOA, Chair