Bill Text: HI HB1746 | 2016 | Regular Session | Introduced
Bill Title: Commercial Forest Products; Logging; Trees
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2016-02-17 - The committee(s) on WAL recommend(s) that the measure be deferred. [HB1746 Detail]
Download: Hawaii-2016-HB1746-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1746 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to commercial forest products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
Commercial forestry
§ -1 Definitions. As used in this chapter, unless the context indicates otherwise:
"Board" means the board of land and natural resources.
"Commercial forest product dealer" or "dealer" means any person who sells or offers for sale, purchases or attempts to purchase, exchanges, or acts as an agent in the transfer of, any forest product harvested within the State for commercial purposes.
"Commercial purposes" means the purposes of selling or trading the forest product for profit or gain.
"Department" means the department of land and natural resources.
"Forest product" means wood or other plant material.
"Harvest" means to cut down or remove.
§ -2 Commercial forestry license. (a) No person shall harvest any forest product for commercial purposes from a forest reserve, established pursuant to section 183-11, or private land in a conservation district without first obtaining a commercial forestry license as provided in this chapter.
(b) This chapter shall apply to owners of land that harvest any forest product for commercial purposes from their own land.
(c) This chapter shall not be construed to prohibit any person from exercising native Hawaiian gathering rights or traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii constitution.
§ -3 Rules. The department shall adopt rules pursuant to chapter 91 necessary for the purpose of this chapter, including establishing the fees for commercial forestry licenses and duplicate commercial forestry licenses; provided that until the department establishes rules, the fee for a commercial forestry license shall be $100 and the fee for a duplicate commercial forestry license shall be $20.
§ -4 Suspension, revocation, or denial of a commercial forestry license. The department shall suspend; refuse to renew, reinstate, or restore; or deny any license issued under this chapter if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore a license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court.
§ -5 Commercial forestry licensee; monthly report. (a) Every commercial forestry licensee shall furnish to the department a monthly report with respect to the forest products harvested, the forest products sold, the location where the forest products were harvested, the identity of the purchaser, and any other information the department may require for the purposes of this section.
(b) Any information submitted to the department by any person in compliance with any requirement under this section shall be confidential and shall not be disclosed, except when required under court order or pursuant to subpoena issued by the department of the attorney general, or with the prior written consent of the person submitting the information, or under cooperative agreements with government agencies of the United States for exchange and use of the information specifically to manage forest life. The department, by rule, may establish procedures necessary to preserve the confidentiality, except that the department may release or make public any of the information in the aggregate or summary form that does not directly or indirectly disclose the identity of any person who submits information.
§ -6 Commercial forest product dealers. (a) The department may require a commercial forest product dealer to obtain a commercial forest product dealer license to sell or offer for sale, to purchase or attempt to purchase, to exchange, or to act as an agent in the transfer of, any forest product harvested within the State for commercial purposes.
(b) No person shall sell or offer for sale, purchase or attempt to purchase, exchange, or act as an agent in the transfer of, any forest product harvested within the State for a commercial purpose, that is obtained from any person whom the department has required to have, but does not have, a valid commercial forestry license, commercial forest product dealer license, or other license or permit authorizing the sale, purchase, exchange, or transfer of a forest product for a commercial purpose.
(c) Upon the written demand of the department, any commercial forest product dealer shall render to the department a true and correct statement showing the name of the commercial forest product dealer; the year, month, day, description, number, and value of each of the species of forest product purchased, transferred, exchanged, or sold during the previous month; the name and current license number of the commercial forestry licensee from whom the forest product was obtained; and other information as the department may require.
(d) The department may require a license of any person to export any forest product taken within the jurisdiction of the State for a commercial purpose.
§ -7 Receipts in duplicate. (a) Every commercial forest product dealer shall issue receipts to the person from whom the forest product is obtained and provide the following information in the receipt:
(1) The date of the issuance;
(2) The name of the person to whom the receipt is issued;
(3) The following information with respect to each of the varieties of forest product the department shall require including:
(A) A description of each of the varieties received;
(B) The measurements or other applicable numbers of the forest products; and
(C) The price paid; and
(4) The signature of the dealer who issues the receipt.
(b) Any commercial forest product dealer harvesting the dealer's own forest products or handling any forest products harvested by commercial forestry licensees working for or with the dealer, shall make out the same receipt, giving market price for the forest products as prevails on the date of receipt. A duplicate copy of this receipt shall be kept on file at the premise where the forest product was sold by the dealer issuing the same for a period of twelve months from the date of issuance, and the duplicate copy shall be available for inspection upon the demand of any conservation officer authorized to enforce the laws of the State.
§ -8 Penalties. (a) Any person violating any of the provisions of this chapter for which a penalty is not otherwise provided, or any rule of the department adopted thereunder, shall be guilty of a misdemeanor and punishable as provided in subsection (b); provided that in the case of a corporation violating any of the provisions of this chapter, only the fine shall be imposed; provided that any officer of the corporation who wilfully procures or permits the violation of the provisions by the corporation shall be punishable as in the case of an individual violating the same.
(b) The punishment, in addition to any other penalties, shall be a fine of not less than the value of the forest product at the point of sale.
(c) The board, after notice and opportunity for hearing, may fine any person who violates this part not more than the amount established in subsection (b). Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(d) The fines specified in this section shall not be suspended or waived."
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. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Commercial Forest Products; Logging; Trees
Description:
Requires anyone harvesting forest trees or plants for commercial purposes to obtain a license and submit monthly reports to DLNR.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
