Bill Text: HI HB1086 | 2010 | Regular Session | Introduced
Bill Title: Invasive Species
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1086 Detail]
Download: Hawaii-2010-HB1086-Introduced.html
Report Title:
Invasive Species
Description:
Amends chapter 150A by reducing the inspection, quarantine and eradication fee to 20 cents per thousand pounds effective
July 2, 2009 and exempt from the fee the first one thousand pounds of freight in a shipment, as well as certain types of bulk cargo. Provides that certain fines collected under chapter 150A shall be deposited in the pest inspection, quarantine, and eradication fund.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1086 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
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 150A-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:
(1) Legislative appropriations for inspection, quarantine, and eradication services;
(2) Service fees, charges, and penalties collected
under section 150A-5.3[;] and specified penalties collected under
section 150A-14;
(3) Federal funds received for pest inspection, quarantine, and eradication programs;
(4) Grants and gifts;
(5) All interest earned or accrued on moneys deposited in the fund; and
(6) Any other moneys made available to the fund."
SECTION 2. Section 150A-5.3, Hawaii Revised Statutes, is amended to read as follows:
"§150A-5.3 Inspection,
quarantine, and eradication service fee and charge. There is imposed a fee
for the inspection, quarantine, and eradication of invasive species contained
in any freight, including but not limited to marine commercial container
shipment, air freight, or any other means of transporting freight, foreign or
domestic, that is brought into the State[.], provided that bulk cargo
of petroleum, concrete, ethanol, naphtha, and pasteurized milk, and bulk cargo
with similar or related products shall be exempt. The fee shall be paid by
the person responsible for paying the freight charges to the transportation
company, who shall collect the fee and forward the payment to the department at
the port of disembarkation; provided that the transportation company shall not
be liable for any fee that is not paid by the person responsible for paying the
freight charges to the transportation company. The department shall deposit
the fee into the pest inspection, quarantine, and eradication fund under
section 150A-4.5.
[The]Effective
July 2, 2009, the fee shall be assessed on the net weight of the imported
freight computed on the basis of [50] 20 cents for every one
thousand pounds of freight in excess of the first one thousand pounds of
freight per shipment brought into the State, or part thereof."
SECTION 3. Section 150A-14, Hawaii Revised Statutes, is amended to read as follows:
"§150A-14 Penalty. (a) Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and fined not less than $100. The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000. For a second offense committed within five years of a prior offense, the person or organization shall be fined not less than $500 and not more than $25,000.
(b) Any person who violates section 150A-5 shall be fined not less than $100 and not more than $10,000. For a second violation committed within five years of a prior violation, the person may be fined not less than $500 and not more than $25,000.
(c) Notwithstanding section 706-640:
(1) Any person or organization that violates section 150A-6(3) or 150A-6(4), 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; and
(2) Any person or organization who intentionally 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.
(d) Whenever a court sentences a person or
organization pursuant to subsection (a) or (c) for an offense which has
resulted in the escape or establishment of any pest and caused the department
to initiate a program to capture, control, or eradicate that pest, the court
shall also require that the person or organization pay to the [state general]
pest inspection, quarantine, and eradication fund an amount of money to
be determined in the discretion of the court upon advice of the department,
based upon the cost of the development and implementation of the program.
(e) The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited articles or restricted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.
(f) Any person or organization that voluntarily surrenders any prohibited animal or any restricted plant, animal, or microorganism without a permit issued by the department, prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section.
(g) For purposes of this section "intent to propagate" shall be presumed when the person or organization in question is found to possess, transport, harbor, or import:
(1) Any two or more animal specimens of the opposite sex that are prohibited or restricted, without a permit;
(2) Any three or more animal specimens of either sex that are prohibited or restricted, without a permit;
(3) Any plant or microorganism having the inherent capability to reproduce that is restricted, without a permit; or
(4) Any specimen that is in the process of reproduction.
(h) Except for fines collected pursuant to part V of this chapter, all penalties collected under this section for violations of the provisions of this chapter shall be deposited in the pest inspection, quarantine, and eradication fund under section 150A-4.5."
SECTION 4. Section 706-643, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) All fines and other final payments
received by a clerk or other officer of a court shall be accounted for, with
the names of persons making payment, and the amount and date thereof, being
recorded. All such funds shall be deposited with the director of finance to
the credit of the general fund of the State. With respect to fines and bail
forfeitures which are proceeds of the wildlife revolving fund under section
183D-10.5, or the pest inspection, quarantine, and eradication fund under
section 150A-4.5, the director of finance shall transmit the fines and
forfeitures to [that] the appropriate fund."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 2, 2009.
|
INTRODUCED BY: |
_____________________________ |
|
|
By Request
|
