HOUSE OF REPRESENTATIVES

H.B. NO.

1364

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PESTICIDES.

 

 

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

 


     SECTION 1.  Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§149A-    State officers, agents, and employees; exemption.  Notwithstanding any law to the contrary, any individual duly authorized as an officer, agent, or employee of the department, Hawaii invasive species council, or any other state agency, who, within the scope of the individual's scope of employment, participates in the control or eradication of any pest as defined in this chapter or any invasive species as defined or identified by the Hawaii invasive species council, shall be exempt from any violation, warning notice, and penalty under this chapter, except for the individual's conduct that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct."

     SECTION 2.  This Act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Pesticides; Authorized State Employees; Exempt from Penalties

 

Description:

Exempts authorized state officers, agents, and employees from penalties for pesticide law violations, except for certain acts, including gross negligence.

 

 

 

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