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SB2048
THE SENATE
S.B. NO.
2048
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to invasive species
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
The legislature finds that the
transportation of plants, other nursery items, and merchandise is a known
pathway that can spread invasive species to new locations and communities.
�
The introduction and subsequent propagation
of high-impact pests, including the little fire ant and coqui frog, are likely
to have occurred via potted plants that were imported into the State and sold
by local nurseries.
�
While the
introduction and propagation of pests may occur by other means, the State can
employ a systems approach to better address primary pathways of arrival and transmission.
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The
legislature further finds that it is critical that nurseries and other
retailers use best management practices to prevent the spread of invasive
species on their products to protect unsuspecting consumers and their
communities.
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The
legislature also finds that many states use a systems approach to prioritize
pathways, regulating local plant nurseries as particularly high-risk pathways
that must be certified and inspected.
�
While the State established a certified nursery program in 1977 to
fulfill the requirements of import rules in other states and protect purchasers
of Hawaii plant nursery products in other states, it has not established a
complementary program to protect and certify plant nursery products sold within
Hawaii.
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The
legislature additionally finds that imposing penalties on individuals who sell
pest-infested items in the State is one component of a more comprehensive
program to regulate plant nursery products sold within the State.
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Accordingly,
the purpose of this Act is to prohibit the sale of pest-infested items and
materials to the public, preventing the spread of pests within the State.
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SECTION
2
.
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Chapter
150A
,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:
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"
�150A-
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Sale of pest-infested items or materials;
prohibited.
�
(a)
�
No person shall sell, barter, or donate;
offer for sale, barter, or donation; or otherwise make available to the public
any item or material that is:
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(1)
�
Infested or infected with a pest;
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(2)
�
Itself a pest; or
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(3)
�
Prohibited from being sold under
this chapter or any rule adopted pursuant to this chapter.
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(b)
�
The prohibition in subsection (a) shall not
apply to any item or material that:
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(1)
�
The department provides access to
for research or testing; or
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(2)
�
Is a biocontrol agent transferred
pursuant to an appropriate permit.
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(c)
�
The department may compel the quarantine,
treatment, or destruction of any item or material sold, bartered, or donated;
offered for sale, barter, or donation; or otherwise made available to the
public in violation of subsection (a).
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(d)
�
Any quarantine, treatment, or
destruction pursuant to subsection (c) shall be at the expense of the owner of
the item or material.
�
The State shall
not be responsible for any economic loss or damage related to any action taken
by the department under this section.
"
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SECTION
3
.
�
Section
150A-14, Hawaii Revised Statutes, is amended by amending subsections (a) and
(b) to read as follows:
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"(a)
�
Any person who violates any
provision of this chapter other than sections 150A-5, 150A-6(3), [
and
]
150A-6(4)
, and 150A- ,
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.
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(b)
�
Any person who violates section 150A-5 [
or
]
,
150A-58
, or 150A- , or any rule adopted pursuant to these
sections,
shall be fined [
no
]
not
less than $100 and [
no
]
not
more than $10,000.
�
For a
second violation committed within five years of a prior violation, the person
may be fined [
no
]
not
less than $500 and [
no
]
not
more than $25,000.
"
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION
5.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
DAB;
Invasive Species; Pest-Infested Items or Materials; Sale; Barter; Donation; Prohibited;
Penalties
Description:
Prohibits
the sale, barter, or donation of any pest-infested item or material.
�
Authorizes the Department of Agriculture and
Biosecurity to quarantine, treat, or destroy pest-infested items or materials.
�
Imposes penalties on individuals who sell,
barter, or donate a pest-infested items or materials.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.