Bill Text: HI HB1854 | 2020 | Regular Session | Introduced
Bill Title: Relating To Little Fire Ants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled - Dead) 2020-07-10 - Transmitted to Governor. [HB1854 Detail]
Download: Hawaii-2020-HB1854-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1854 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LITTLE FIRE ANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that little fire ants threaten human health, wildlife, agriculture, and tourism. Since first discovered on the island of Hawaii in 1999, little fire ants have been spreading rapidly throughout the State. There are now little fire ant populations on Kauai, Maui, and Oahu.
The legislature further finds that the
Hawaii Ant Lab's methods for treating little fire ants have been successful in
controlling infestations on properties of homeowners and farmers. The Hawaii Ant Lab uses a dual approach of
applying insect growth regulators followed by a barrier
treatment. This method, which targets
the source of the infestation and kills the queen and causes colony collapse, reduces
the likelihood that this invasive species will spread.
The
legislature also finds that pest control operators in the State are not
required by law to use the Hawaii Ant Lab's approach when treating little fire
ants. There are reports that some pest
control operators do not employ these methods and opt to spray contact
insecticides in lieu of using the Hawaii Ant Lab treatment strategy. By using less effective methods that do not
completely eradicate the infestation, pest control operators create permanent
customers who continue to require repeat service as more little fire ants
return. The legislature recognizes that
untreated little fire ant nests can grow and spread to surrounding properties, thereby
further exacerbating the problems and creating a much bigger challenge for
mitigation efforts.
The
purpose of this Act is to control the spread of little fire ants in the State by:
(1) Requiring the use of best practices, as identified by the department of agriculture and Hawaii Ant Lab, for the treatment of little fire ants by pest control operators;
(2) Authorizing the department of agriculture and the pest control board to adopt rules to carry out the requirement; and
(3) Requiring the posting of the best practices, and any rules that may be adopted by the department of agriculture and the pest control board, on the websites of the department of agriculture and the pest control board.
SECTION 2. Section 141-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-3.5[]]
Control or eradication programs.
(a) The department of agriculture
shall develop and implement a detailed control or eradication program for any
pest designated in section 141-3, using the best available technology in a
manner consistent with state and federal law.
(b) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture shall implement an emergency program using the best available technology in a manner consistent with state and federal law.
(c) The department of agriculture, in
consultation with the pest control board:
(1) May adopt rules
to identify best practices for the purposes of section 460J-3(a)(3); and
(2) Shall post on its website best practices identified by the department of agriculture and Hawaii Ant Lab for the treatment of little fire ants by pest control operators and any rules adopted by the department of agriculture to identify best practices for the purposes of section 460J-3(a)(3)."
SECTION 3. Section 460J-3, Hawaii Revised Statutes, is amended to read as follows:
"§460J-3 Powers and duties of board. (a) In addition to any other powers and duties authorized by law, the board shall:
(1) Grant licenses to pest control operators pursuant to this chapter;
(2) Adopt, amend, or repeal rules as it may deem necessary to effectuate this chapter and carry out the purpose thereof which purpose is the protection of the general public. All rules shall be adopted pursuant to chapter 91. The rules shall:
(A) Forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;
(B) Require pest
control operators to [make]:
(i) Make
reports to the board containing items of information that will enable the board
to improve the enforcement of this chapter and its rules to fully effectuate
the purposes of this chapter;
[(C) Require operators to furnish] and
(ii) Furnish reports to owners containing matters of information as the board deems necessary to promote the purpose of this chapter;
[(D)] (C) Require
liability and workers' compensation insurance verification for license
renewals; and
[(E)] (D) Provide
for the development of an enforcement information reporting system;
(3) Require pest
control operators to use best practices identified by the department of
agriculture and Hawaii Ant Lab for the treatment of little fire ants;
[(3)] (4) Enforce
this chapter and rules adopted pursuant thereto;
[(4)] (5) Suspend
or revoke any license for any cause prescribed by this chapter, or for any
violation of the rules, and refuse to grant any license for any cause that
would be grounds for revocation or suspension of a license; and
[(5)] (6) Direct
the executive secretary to publish and distribute pamphlets and circulars
containing information as it deems proper to further the accomplishment of the
purpose of this chapter.
(b) The board, in consultation with the department
of agriculture:
(1) May adopt rules
to carry out the purposes of subsection (a)(3); and
(2) Shall post on its website best practices identified by the department of agriculture and Hawaii Ant Lab for the treatment of little fire ants by pest control operators and any rules adopted by the board and the department of agriculture to carry out the purposes of subsection (a)(3)."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Little Fire Ants; Hawaii Ant Lab; DOA, Pest Control; Best Practices; Rules; Website Posting
Description:
Requires the use of best practices, as identified by DOA and Hawaii Ant Lab, for the treatment of little fire ants by pest control operators. Authorizes DOA and the pest control board to adopt rules to carry out the requirement. Requires DOA and the pest control board to post any rules and best practices on their respective websites.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
