Bill Text: HI SB323 | 2016 | Regular Session | Introduced
Bill Title: Agriculture; Pesticides; Penalties
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to WLA/JDL, WAM. [SB323 Detail]
Download: Hawaii-2016-SB323-Introduced.html
|
THE SENATE |
S.B. NO. |
323 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to pesticides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 149A, Hawaii Revised Statutes, is amended by amending the title of part IV to read as follows:
"PART
IV. VIOLATIONS[, WARNING NOTICE,] AND PENALTIES"
SECTION 2. Section 149A-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If it appears that a pesticide or
device fails to comply with this chapter, the department may refer the facts
with a copy of the results of the analysis or the examination of the pesticide
product or device to the appropriate governmental agency for prosecution. [A
warning notice shall be issued before prosecution proceedings are initiated.]"
SECTION 3. Section 149A-41, Hawaii Revised Statutes, is amended to read as follows:
"§149A-41 Violations[, warning
notice,] and penalties. [(a) Warning notice. Any person who
violates this chapter or any rule issued under this chapter may upon the first
violation be issued a written warning notice citing the specific violation and
necessary corrective action.
(b)] (a) Administrative
penalties.
(1) [In general, any] Any registrant,
commercial applicator, wholesaler, dealer, retailer, or other distributor who
violates any provision of this chapter [may] shall be assessed an
administrative penalty by the board of not more than $5,000 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] shall
be assessed an administrative penalty by the board of not more than $1,000 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] shall be assessed an administrative penalty as
provided in paragraph (1);
(3) No administrative penalty shall be assessed unless the person charged shall have 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 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)] (b) Criminal penalties.
(1) [In general, any] Any registrant,
commercial applicator, wholesaler, dealer, retailer, or other distributor who
knowingly violates any provision of this chapter shall be guilty of a [misdemeanor]
class C felony and shall on conviction be fined not more than $25,000[,
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 conviction be fined not more
than $1,000, or imprisoned for not more than one year, or both.];
(3) Any person who causes the death of another person through the knowing use of a restricted use pesticide shall be guilty of a class B felony;
(4) Any person who causes bodily injury to another person through the knowing use of a restricted use pesticide shall be guilty of a class C felony;
(5) Any person who causes the death of another person through the negligent use of a restricted use pesticide shall be guilty of a class C felony;
(6) Any person who causes bodily injury to another person through the negligent use of a restricted use pesticide shall be guilty of a misdemeanor; and
[(3)] (7) 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.] guilty of a class
C felony.
[(d)] (c) Liabilities. When
construing and enforcing the provisions of this chapter, 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 such person as well as that of the person employed.
(d) The department may refer the facts and related evidence of a violation of this section to the appropriate government agency for prosecution.
(e) The department may contract with any county police department for the purposes of implementing and enforcing this section.
(f) For purposes of this section, "bodily injury" has the same meaning as in section 707-700."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Agriculture; Pesticides; Penalties
Description:
Repeals warning notice for any person who violates the State's pesticide laws under chapter 149A, Hawaii Revised Statutes, amends criminal penalties related to pesticide use, and establishes that the department of agriculture may contract with any county police department for the purposes of implementing and enforcing section 149A-41, Hawaii Revised Statutes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
