| 47 | | - | SECTION 1. The legislature finds that treating plant care components, which include any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State. The purpose of this Act is to strengthen the plant care component program by: (1) Authorizing the department of agriculture to adopt rules and administrative penalties related to the program; and (2) Appropriating funds for the plant care component program and certain positions. SECTION 2. Section 141-2, Hawaii Revised Statutes, is amended to read as follows: "§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: (1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants; (2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State; (3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; (4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; (5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; [and] (6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; (7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and (8) Any other purpose within this part related to plant care components. All rules adopted under this section shall have the force and effect of law." SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows: "[[]§141-18[]] Plant care components; fumigation; treatment; certification; fees; restrictions. (a) The department of agriculture: (1) Shall certify plant care component treatments performed within the State; (2) May certify and permit entities to conduct plant care component treatments before shipment; and (3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5. (b) No person shall distribute within the State any plant care component that originated outside the State, unless [the]: (1) The plant care component was subjected to a treatment before entering the State; or (2) The plant care component has been treated immediately after [entering] arrival in the State, as certified by the department of agriculture. (c) No person shall transport any plant care component: (1) Between the islands of the State; or (2) From a location within the State to a location outside the State, without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment. (d) Any person who violates any provision of this section or the rules adopted pursuant to section 141-2 may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the opportunity for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider: (1) The appropriateness based on the size of the business of the person charged; (2) The effect on the person's ability to continue the person's business; and (3) The gravity of the violation. (e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that: (1) Adequate notice was provided; (2) A contested case hearing was held or the time to request a hearing had expired; (3) The administrative penalty was imposed; and (4) The administrative penalty remains unpaid in full. (f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the officer, agent, or other person employed. [(d)] (g) For the purposes of this section: "Board" means the board of agriculture. "Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control. "Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. "Plant care component" or "component" means any quantity of wood chips[,] or compost[,] that is used in the care or propagation of plants, or filter socks. "Treat" or "treatment" means fumigation or heat treatment." SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the implementation and performance of the plant care component program and the establishment of full‑time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that treating plant care components, which include any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State. The purpose of this Act is to strengthen the plant care component program by: (1) Authorizing the department of agriculture to adopt rules and administrative penalties related to the program; and (2) Appropriating funds for the plant care component program and certain positions. SECTION 2. Section 141-2, Hawaii Revised Statutes, is amended to read as follows: "§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: (1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants; (2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State; (3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; (4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; (5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; [and] (6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; (7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and (8) Any other purpose within this part related to plant care components. All rules adopted under this section shall have the force and effect of law." SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows: "[[]§141-18[]] Plant care components; fumigation; treatment; certification; fees; restrictions. (a) The department of agriculture: (1) Shall certify plant care component treatments performed within the State; (2) May certify and permit entities to conduct plant care component treatments before shipment; and (3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5. (b) No person shall distribute within the State any plant care component that originated outside the State, unless [the]: (1) The plant care component was subjected to a treatment before entering the State; or (2) The plant care component has been treated immediately after [entering] arrival in the State, as certified by the department of agriculture. (c) No person shall transport any plant care component: (1) Between the islands of the State; or (2) From a location within the State to a location outside the State, without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment. (d) Any person who violates any provision of this section or the rules adopted pursuant to section 141-2 may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the option for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider: (1) The appropriateness based on the size of the business of the person charged; (2) The effect on the person's ability to continue the person's business; and (3) The gravity of the violation. (e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that: (1) Adequate notice was provided; (2) A contested case hearing was held or the time to request a hearing had expired; (3) The administrative penalty was imposed; and (4) The administrative penalty remains unpaid in full. (f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the officer, agent, or other person employed. [(d)] (g) For the purposes of this section: "Board" means the board of agriculture. "Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control. "Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. "Plant care component" or "component" means any quantity of wood chips[,] or compost[,] that is used in the care or propagation of plants, or filter socks. "Treat" or "treatment" means fumigation or heat treatment." SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the implementation and performance of the plant care component program and the establishment of full-time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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