Report Title:

Pest Control or Eradication; Agriculture

Description:

Expands the responsibilities of the Department of Agriculture with regards to the control or eradication of pests. (SD1)

THE SENATE

S.B. NO.

553

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to control or eradication of pests.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 141-3, Hawaii Revised Statutes, is amended to read as follows:

"§141-3 Designation of pests; control or eradication of pests; emergency power. (a) The department of agriculture shall establish by rule, the criteria and procedures for designation of pests for control or eradication.

(b) The department of agriculture shall, so far as reasonably practicable, assist, free of cost to individuals, in the control or eradication of [insects, mites, diseases, noxious weeds, or other] pests [injurious to vegetation of value;]; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control or eradication of [insects, mites and diseases or other] pests [injurious to vegetation of value, and for the control or eradication of vegetation of a noxious character].

(c) Notwithstanding subsection (a), if the department finds the incipient infestation of a pest [that is injurious or deleterious or that is likely to become injurious or deleterious to the agricultural, horticultural, aquacultural, or livestock industries of the State without] requires immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the control or eradication of the pest to be effective for a period of not longer than one hundred eighty days without renewal.

(d) Notwithstanding the foregoing, nothing in this section shall be construed to interfere with or supersede lawful actions taken by any other individual or entity to control or eradicate pests.

(e) As used in this chapter, "pest" shall have the same meaning as defined in section 150A-2."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.