Bill Text: HI HB454 | 2018 | Regular Session | Introduced
Bill Title: Relating To Invasive Species.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB454 Detail]
Download: Hawaii-2018-HB454-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
454 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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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. 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] the 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. If the owner
resides out of the 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]:
(1) The species was intentionally and
knowingly established by the owner on the owner's property and not naturally
dispersed from neighboring properties[,]; or
(2) The owner, occupant, or tenant has refused to allow the department to enter the premises.
The order shall require the owner to control or
eradicate the invasive species at the owner's expense within [such] a
reasonable time as the department may deem proper, pursuant to the notice
requirements of this section. Any person who violates any order given under
this subsection shall be fined not more than $5,000 for each separate offense.
Each day shall constitute a separate offense.
(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] state or county law
enforcement officer of the circuit, commanding the [police] law
enforcement 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) [The] By appropriate
proceedings, the department may recover [by appropriate proceedings]
the expenses incurred [by] or fines imposed as a result of its
order from any owner who, after proper notice, has failed to comply with the
department's order.
(f) 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[]]."
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.
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INTRODUCED BY: |
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Report Title:
Invasive Species; Private Property Entry
Description:
Authorizes departments that are members of the invasive species council to require landowners with land that contains invasive species to control or eradicate the invasive species if the landowner does not permit the department to enter the land. Imposes fines for noncompliance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
