HOUSE OF REPRESENTATIVES

H.B. NO.

1301

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INVASIVE SPECIES.

 

 

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

 


     SECTION 1.  Chapter 194, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§194-    Strict liability for the introduction of invasive species.  (a)  If the council determines that:

     (1)  A person or entity knowingly or inadvertently introduced an invasive species into the State after the effective date of this Act; and

     (2)  The introduced invasive species did not have a physical presence in the State prior to the effective date of this Act,

then the person or entity shall be strictly liable for all expenses necessary to eradicate the introduced invasive species from the State.

     (b)  The council shall follow the notice and public hearing requirements under chapter 91 before it makes a determination pursuant to this section.

     (c)  A person or entity that is determined by the council to be financially liable for the eradication of an introduced invasive species shall retain all rights under chapter 91 to contest or appeal the determination of the council."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 31, 2150.


 


 

Report Title:

Hawaii Invasive Species Council; Invasive Species; Introduction; Liability

 

Description:

Provides that a person or entity that is determined by the Hawaii Invasive Species Council to have introduced an invasive species into the State is financially liable (strict liability) for the eradication of the invasive species.  (HB1301 HD1)

 

 

 

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