Bill Text: HI HB929 | 2020 | Regular Session | Amended
Bill Title: Relating To Pesticides.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB929 Detail]
Download: Hawaii-2020-HB929-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
929 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PESTICIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that when used
properly, pesticides can protect plants and homes from damage. However, improper use of pesticides may
result in plants becoming injured; pests not being controlled; human health
becoming impaired; and soil, air, and water becoming polluted.
The legislature further finds that enforcement of chapter 149A, Hawaii Revised Statutes, relating to Hawaii pesticide laws, as well as timely and routine inspections and compliance investigations of potential pesticide misuse are crucial to protecting public health and ensuring public confidence in the State’s oversight of pesticide use. In its 2016 study, entitled "Pesticide Use by Large Agribusinesses on Kauai", the Joint Fact Finding Study Group found indications of possible pesticide misuse on Kauai. The study stressed the need for more timely pesticide inspections and compliance investigations. According to the study, the use of drift-prone pesticides should be more strictly monitored through inspections, and proven violators should be fined.
Accordingly, the purpose of this Act is to:
(1) Require the issuance of a warning notice for first time pesticide violators; and
(2) Increase the penalties for pesticide violations.
SECTION 2. Section 149A-41, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:
"(a)
Warning notice. Any person who
violates this chapter or any rule issued under this chapter [may],
upon the first violation, shall be issued a written warning notice
citing the specific violation and necessary corrective action.
(b)
Administrative penalties.
(1) In
general, any registrant, commercial applicator, wholesaler, dealer, retailer,
or other distributor who violates [any provision of] this chapter may be
assessed an administrative penalty by the board of not more than [$5,000]
$10,000 for each offense;
(2) Any
private applicator or other person not included in paragraph (1) who violates [any
provision of] this chapter relating to the use of pesticides while on
property owned or rented by that person or the person's employer, subsequent to
receiving a written warning from the department or following a citation for a
prior violation, may be assessed an administrative penalty by the board of not
more than [$1,000] $5,000 for each offense. Any private applicator or other person not
included in paragraph (1) who violates [any provision of] this chapter
relating to licensing, transport, sale, distribution, or application of a
pesticide for commercial purposes may be assessed an administrative penalty as
provided in paragraph (1);
(3) No
administrative penalty shall be assessed unless the person charged [shall
have] has been given notice and an opportunity for a hearing on the
specific charge in the county of the residence of the person charged. The administrative penalty and any proposed
action contained in the notice of finding of violation shall become a final
order unless, within twenty days of receipt of the notice, the person or
persons charged make a written request for a hearing. In determining the amount of penalty, the
board shall consider the appropriateness of the penalty to the size of the
business of the person charged, the effect on the person's ability to continue
business, and the gravity of the violation; and
(4) In
case of inability to collect the administrative penalty or failure of any
person to pay all or [such] a portion of the administrative
penalty as the board may determine, the board shall refer the matter to the
attorney general, who shall recover the amount by action in the appropriate
court. For any judicial proceeding to
recover the administrative penalty imposed, the attorney general need only show
that notice was given, a hearing was held or the time granted for requesting a
hearing has expired without such a request, the administrative penalty was
imposed, and that the penalty remains unpaid.
(c)
Criminal penalties.
(1) In
general, any registrant, commercial applicator, wholesaler, dealer, retailer,
or other distributor who knowingly violates [any provision of] this chapter
shall be guilty of a misdemeanor and [shall on], upon conviction,
shall be fined not more than [$25,000,] $35,000, or
imprisoned for not more than one year, or both[.];
(2) Any
private applicator or other person not included in paragraph (1) who knowingly
violates [any provision of] this chapter shall be guilty of a
misdemeanor and [shall on], upon conviction, shall be
fined not more than [$1,000,] $5,000, or imprisoned for not more
than one year, or both[.];
(3) Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 3, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, shall be fined not more than $10,000, or imprisoned for not more than three years, or both."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2150.
Report Title:
HDOA; Pesticides; Inspection; Monitoring; Fines; Warning Notice
Description:
Increases fines for pesticide use violations. Requires issuance of a warning notice for first-time pesticide violations. (HB929 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
