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| 1 | - | THE SENATE S.B. NO. 2560 THIRTY-SECOND LEGISLATURE, 2024 S.D. 2 STATE OF HAWAII | |
| 1 | + | THE SENATE S.B. NO. 2560 THIRTY-SECOND LEGISLATURE, 2024 S.D. 2 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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| 3 | 3 | THE SENATE S.B. NO. 2560 | |
| 4 | 4 | THIRTY-SECOND LEGISLATURE, 2024 S.D. 2 | |
| 5 | - | STATE OF HAWAII | |
| 5 | + | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 2560 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2024 | |
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| 15 | 15 | S.D. 2 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | RELATING TO INVASIVE SPECIES. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§141- | |
| 47 | + | SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§141- Lease terms; invasive pests. Notwithstanding any law to the contrary, each lease that the department of agriculture enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2024, shall include provisions stating that the department may: (1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive pests; (2) Require the lessee to maintain control of any invasive pests on the leased premises, at the lessee's expense; and (3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, or order relating to the control or eradication of invasive pests. As used in this section, "invasive pest" means any taxa that is a pest as defined in section 150A-2, or that is designated as a restricted or prohibited species pursuant to chapter 150A." 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. New statutory material is underscored. SECTION 4. This Act shall take effect on April 14, 2112. | |
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| 49 | 49 | SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: | |
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| 51 | - | "§141- | |
| 51 | + | "§141- Lease terms; invasive pests. Notwithstanding any law to the contrary, each lease that the department of agriculture enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2024, shall include provisions stating that the department may: | |
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| 53 | - | (1) Enter the leased premises at any time | |
| 53 | + | (1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive pests; | |
| 54 | 54 | ||
| 55 | - | (2) | |
| 55 | + | (2) Require the lessee to maintain control of any invasive pests on the leased premises, at the lessee's expense; and | |
| 56 | 56 | ||
| 57 | - | (3) Terminate the lease if the lessee refuses | |
| 57 | + | (3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, or order relating to the control or eradication of invasive pests. | |
| 58 | 58 | ||
| 59 | - | As used in this section, "pest" | |
| 59 | + | As used in this section, "invasive pest" means any taxa that is a pest as defined in section 150A-2, or that is designated as a restricted or prohibited species pursuant to chapter 150A." | |
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| 61 | 61 | 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. | |
| 62 | 62 | ||
| 63 | 63 | SECTION 3. New statutory material is underscored. | |
| 64 | 64 | ||
| 65 | - | SECTION 4. This Act shall take effect on | |
| 65 | + | SECTION 4. This Act shall take effect on April 14, 2112. | |
| 66 | 66 | ||
| 67 | - | Report Title: DOA; Lease Terms; Pests; Right of Entry; Termination Description: Provides that each lease that the Department of Agriculture enters into, renews, or extends shall authorize DOA to enter the leased premises with prior notification to survey for, identify, investigate, control, or eradicate pests; work cooperatively with a lessee to seek funding and develop a plan to maintain control of any pests on the leased premises; and terminate the lease if the lessee refuses entry to DOA or refuses to work cooperatively with DOA toward the control or eradication of pests. Effective 7/1/3000. (HD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 67 | + | Report Title: DOA; Lease Terms; Invasive Pests; Right of Entry; Termination Description: Provides that each lease that the Department of Agriculture enters into, renews, or extends after the effective date of this Act shall authorize the DOA to: (1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive pests; (2) Require a lessee to maintain control of any invasive pests on the leased premises, at the lessee's expense; and (3) Terminate the lease if the lessee refuses the DOA entry or is found in violation of any applicable law, rule, or order relating to the control or eradication of invasive pests. Takes effect 4/14/2112. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 73 | 75 | Report Title: | |
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| 75 | - | DOA; Lease Terms; Pests; Right of Entry; Termination | |
| 77 | + | DOA; Lease Terms; Invasive Pests; Right of Entry; Termination | |
| 76 | 78 | ||
| 77 | 79 | ||
| 78 | 80 | ||
| 79 | 81 | Description: | |
| 80 | 82 | ||
| 81 | - | Provides that each lease that the Department of Agriculture enters into, renews, or extends shall authorize DOA to enter the leased premises | |
| 83 | + | Provides that each lease that the Department of Agriculture enters into, renews, or extends after the effective date of this Act shall authorize the DOA to: (1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive pests; (2) Require a lessee to maintain control of any invasive pests on the leased premises, at the lessee's expense; and (3) Terminate the lease if the lessee refuses the DOA entry or is found in violation of any applicable law, rule, or order relating to the control or eradication of invasive pests. Takes effect 4/14/2112. (SD2) | |
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| 89 | 91 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |