SB2760

SECTION 1. The legislature finds that invasive species are the single greatest threat to the State's economy, agricultural production, and natural environment, including native species, and to the health and lifestyle of Hawaii's people. The impacts of invasive species in the State have been severe, causing serious habitat degradation, extinction of native species, increased wildfire risk, increases in the cost of agriculture and livestock production and market opportunity exclusion, and many other negative and expensive consequences. Preventing pests from entering the State, or, if that fails, taking steps to prevent a pest from spreading within the State, are two critical measures that can protect Hawaii from the negative impacts of invasive species.

The legislature, like the federal government, recognizes the value of preventing the movement of invasive pests. Federal law allows the United States Department of Agriculture to conduct pre-departure inspections of all passengers, baggage, cargo, and any other articles moving from the State to the continental United States to protect against the spread of pests from Hawaii. However, the federal government does not provide any similar inspections for passengers or material arriving in the State from the continental United States. Instead, the Hawaii department of agriculture and biosecurity inspects agricultural commodities imported to Hawaii from other States.

However, the legislature recognizes that existing law does not expressly authorize the Hawaii department of agriculture and biosecurity to inspect non-agricultural commodities arriving in the State from the continental United States or moving between islands of the State. This is a serious gap that can allow devastating invasive species like the red imported fire ant and spotted lanternfly to enter the State via non-agricultural commodities, such as building materials and vehicles, from infested locations in the United States.

The legislature further finds that imposing civil rather than criminal penalties for certain violations detected by such inspections is a lawful and appropriate deterrent. The legislature notes the necessity of other common-sense authorities to protect the State against invasive species, including the authority to quarantine a pest-infested area. If invasive pests such as the red imported fire ant are detected in the State, an effective, rapid response will require the authority to impose a quarantine and prevent the movement of items and spread of the pest.

The legislature notes that other states, and even counties, have the authority to quarantine areas, including restricting the movement, possession, and sale of commodities infested with a high-impact pest, and may also quarantine any other products, articles, or means of conveyances of pests.

The legislature further finds that violations of most invasive species laws in the State are subject to criminal penalties and the department of agriculture and biosecurity has historically not sought fines for violations of invasive species laws. Designating strict liability violations of certain laws as civil infractions and lowering the mental state requirements for certain criminal violations may incentivize and allow the department to enforce the laws more effectively.

Finally, the legislature finds that the department of agriculture and biosecurity has an increased workload in updating and adopting administrative rules related to invasive species, with Act 236, Session Laws of Hawaii 2025, requiring new administrative rules due to many existing invasive species‑related rules being out of date or non-existent. For example, the list of designated noxious weeds in chapter 4-68, Hawaii Administrative Rules, was last updated in 1992; the list of pests for control or eradication in chapter 69A, Hawaii Administrative Rules, was last updated in 2008; and no list of restricted plants required by section 150A-6.1, Hawaii Revised Statutes, has ever been developed. A dedicated employee to assist specifically with administrative rules for the department of agriculture and biosecurity would help alleviate the administrative rule backlog and modernize the State's invasive species control programs.

Accordingly, the purpose of this Act is to:

(1) Expand the department of agriculture and biosecurity's authority to conduct certain inspections and regulate non-agricultural commodities;

(2) Provide for better control of invasive species within the State; and

(3) Clarify certain penalties for violations to encourage enforcement of the invasive species laws.

SECTION 2. Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

"§141-1 Duties in general. The department of agriculture and biosecurity shall:

(1) Gather, compile, and tabulate, from time to time, information and statistics concerning:

(A) Entomology and plant pathology: Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet in the State; and

(B) General agriculture: Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

(2) Encourage and cooperate with the agricultural extension service [~~and~~], agricultural experiment station, and other colleges and departments of the [~~University~~] university of Hawaii and [~~all private~~] other persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

(3) Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on any terms the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department. Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, and 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

(4) Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

(5) Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

(6) Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

(7) Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

(8) Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; plan, design, construct, operate, manage, maintain, repair, demolish, and remove infrastructure or improvements on any lands under the jurisdiction of the department; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes. In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; and

(9) Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction."

SECTION 3. Section 150A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Person" means an individual, corporation, firm, association, society, community, assembly, or inhabitant of a district or neighborhood, known or unknown, and the public generally. "Person" includes a government and any of its agencies, instrumentalities, or subdivisions."

SECTION 4. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:

"§150A-5 Conditions of importation. (a) The importation of any material that is infested or infected with an insect or other animal, disease, or pest, or that is itself a pest, shall be prohibited unless appropriate authorization is obtained from the department before importation.

(b) The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut‑flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil[;], including potting soil, growing mix, and mulch; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the following manner [~~hereinafter set forth~~]:

(1) Notification of arrival. Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry [~~therein~~], or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department of the arrival[~~, giving~~]. The notification shall include the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same[~~, and~~]. The articles shall [~~hold the articles~~] be held at the pier, airport, any other place where [~~they~~] the articles are first received or discharged, or a transitional facility, in a manner that [~~they will not~~] prevents the spread or [~~be likely to spread~~] the likelihood of spreading any infestation or infection of a pest, including insects or diseases that may be present, until inspection and examination can be made by the inspector or a certified biosecurity compliance auditor to determine whether any article, or any portion thereof, is infested or infected with or contains any pest. The department may adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests. In addition, the department shall adopt rules to designate restricted articles that shall require:

(A) A permit, including a compliance agreement, from the department in advance of importation; or

(B) A department letter of authorization or registration in advance of importation.

The restricted articles shall include but not be limited to certain microorganisms or living insects. Failure to obtain the permit, letter of authorization, or registration, or to enter into a compliance agreement in advance [is], shall be a violation of this section;

(2) Individual passengers, officers, and crew.

(A) It shall be the responsibility of the transportation company to distribute, [~~prior to~~] before the debarkation of passengers and baggage, the State of Hawaii biosecurity declaration to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency [~~in order~~], so that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon. All passengers, officers, and crew members, regardless of whether [~~or not~~] they are bringing or causing to be brought for entry into the State any articles listed, shall complete the declaration[~~, except~~]; provided that one adult member of a family may complete the declaration for other family members. Any person who gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests [is] shall be in violation of this section;

(B) All passengers, officers, and crew members who are bringing or causing to be brought for entry into the State domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter, shall immediately upon arrival or prior to arrival notify the department of the arrival of any restricted article. The department may adopt rules necessary to effectuate this subparagraph; and

(C) It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch. Failure to comply with this requirement is a violation of this section;

(3) Labels. Each container in which any of the above‑mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container. Upon failure to comply with this paragraph, the importer or carrier [is] shall be in violation of this section;

(4) Authority to administratively inspect. [~~Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may:~~

~~(A)~~ Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

~~(B)~~ Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and

~~(C)~~ Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter. No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed.

~~Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area.~~

Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;] An inspector may, subject to the civil penalties established in section 150A-14:

(A) Conduct inspections of persons, baggage, cargo, and any other items or materials destined for movement between the islands of the State or importation into the State from any other state for the purpose of determining whether an insect, pest, disease, or prohibited, restricted, or regulated taxon is present. For the purposes of this subparagraph, "state" has the same meaning as defined in section 150A-11.2;

(B) Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, and enter into or upon any pier, airport, warehouse, or any other place in the State for the purpose of conducting inspections authorized by subparagraph (A); and

(C) Inspect any baggage, cargo, and any other item or material on the pier, vessel, or aircraft, or in any quarantine or inspection area;

(5) Request for importation and inspection. In addition to requirements of the appropriate United States [~~customs~~] authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and:

(A) [~~Giving~~] Providing the following additional information:

(i) The kind (scientific name), quantity, and description;

(ii) The locality where the same were grown or produced;

(iii) Certification that all animals to be imported [~~are the progeny of captive populations or have been held in captivity for a period of one year immediately before importation or~~] have been specifically approved for importation by the board[;] or the department, as appropriate;

(iv) The port from which the same were last shipped;

(v) The name of the shipper; and

(vi) The name of the consignee; and

(B) Containing:

(i) A request that the department, by its duly authorized agent, examine the articles described;

(ii) An agreement by the importer to be responsible for all costs, charges, or expenses; and

(iii) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.

Failure or refusal to file a statement, including the agreement and waiver, [is] shall be a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;

(6) Place of inspection. If, in the judgment of the department, it is deemed necessary or advisable to move any [~~of the above-mentioned articles, or any portion thereof,~~] item or material to a transitional facility or another place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the department [~~is authorized to~~] may do so or order the importer or importer's agent to do so. All costs and expenses incident to the movement and transportation of the [~~articles~~] items or materials to any other place shall be borne by the importer or the importer's agent. If the importer, importer's agent, or transportation company requests inspection of sealed containers [~~of the above-mentioned articles~~] at locations other than where the [~~articles~~] items or materials are first received or discharged or a transitional facility and the department determines that inspection at the other place is appropriate, the department may require payment of costs necessitated by these inspections, including overtime costs;

(7) Disinfection or quarantine. If, upon inspection, any [~~article~~] item or material received or brought into the State for the purpose of debarkation or entry therein is found to be infested or infected, or there is reasonable cause to presume that it is infested or infected, and the infestation or infection can, in the judgment of the [~~inspector,~~] department, be eradicated, a treatment shall be given to the [~~article.~~] item or material. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The [~~article~~] item or material shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of the nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the [~~article~~] item or material to be treated or to be responsible for the cost of treatment and quarantine, the [~~article,~~] item or material, or any portion thereof, together with all packing and containers, may, at the discretion of the [~~inspector,~~] department, be destroyed or sent out of the State at the expense of the owner or the owner's agent[~~. The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred~~];

(8) Disposition. Upon completion of inspection, either at the time of arrival or at any time thereafter should any [~~article~~] item or material be held for inspection, treatment, or quarantine, the inspector shall affix to the [~~article~~] item, material, or [~~the~~] container, or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the [~~article~~] item or material has been inspected and passed[~~. This action shall constitute a permit to bring the article into the State~~]; and

(9) Ports of entry. None of the [~~articles~~] items or materials mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board.

(c) Economic loss or damage. The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this chapter. For the purposes of this subsection, "actions" includes any exclusion, treatment, quarantine, or destruction of any item."

SECTION 5. Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section [~~150A-5(8), except~~] 150A-5(b)(8); provided that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board."

SECTION 6. Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:

"§150A-8 [~~Transporting in~~] Movement within the State[.]; quarantine, treatment, and destruction. (a) Flora [~~and~~], fauna, and any other item or material specified by rules [~~and regulations~~] of the department shall not be moved from one island to another island within the State or from one locality to another on the same island except by a permit, including a compliance agreement, issued by the department.

(b) The department may quarantine any business or other area that is known to be, or reasonably suspected to be, based on the results of systematic surveys or reports or proximity to known populations, infested or infected with a pest or a prohibited or restricted organism in violation of this chapter or any rule adopted under this chapter to prevent the movement of materials to or from the location.

[~~(b)~~] (c) The movement between the islands of the State of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry‑grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil[;], including potting soil, growing mix, and mulch; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the following manner [~~hereinafter set forth~~]:

(1) Inspectional requirements. Any person who receives for transport, or brings or causes movement between the islands of the State, as freight, air freight, baggage, as ship’s stores, or otherwise, any of the foregoing articles, shall ensure that the articles comply with inspectional requirements pursuant to rules and shall provide upon the inspector’s request the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee’s agent, marks, number of packages, description of contents of each package, and any other information that may be necessary to inspect, locate, or identify the same. If the articles are not inspected pursuant to rules, the articles shall be held in a manner that [~~they will not~~] prevents spread or [~~be likely to spread~~] the likelihood of spreading any infestation or infection of insects, diseases, or pests that may be present until an inspection can be made by the inspector to determine whether any article, or any portion thereof, is infested or infected with insects or diseases, or contains any pest. The department may adopt rules to define inspectional requirements of specific articles. Failure to obtain certification that the articles have met the inspectional requirements prior to movement between the islands of the State [is] shall be a violation of this section;

(2) Labels. Each container in which any of the above‑mentioned articles are transported between the islands of the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person’s agent, and a statement of the contents of the container. Failure to comply with this paragraph [is] shall be a violation of this section;

(3) Authority to inspect. [~~Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall:~~

~~(A)~~ Enter and inspect any aircraft, vessel, or other carrier at any time whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

~~(B)~~ Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals;

~~(C)~~ Inspect any baggage or personal effects of passengers, officers, and crew members on aircraft or vessels moving between the islands of the State to ascertain if they contain any of the articles or pests enumerated in this chapter;

~~(D)~~ ~~Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area; and~~

~~(E)~~ Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall require that any box, package, suitcase, or any other container carried as ship’s stores, cargo, or otherwise by any vessel or aircraft moving between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It is a violation of this section if any prohibited article, pest, or any article infested with an insect or disease is found;]

An inspector may conduct inspections of persons, baggage, cargo, and any other item or material moving between or destined for movement between islands of the State as established in section 105A-5(b)(4).

(4) Place of inspection. The [~~inspector~~] department shall make a determination whether it is necessary or advisable to move any [~~of the abovementioned articles, or any portion thereof,~~] item or material to a place more suitable for inspection than the pier, airport, or any other place where they are initially presented for inspection. All costs and expenses incident to the movement and transportation of the [~~articles~~] items or materials to such place shall be borne by the consignee or the consignee’s agent;

(5) Disinfection or quarantine. If, upon inspection, any [~~article~~] item or material moving or intended for movement between the islands of the State is found to be infested or infected with an insect, disease, or pest, or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the [~~inspector,~~] department, be eradicated, a treatment shall be given [~~such article~~] to the item or material prior to movement between the islands of the State[.] or at the time the infestation or infection is detected. The treatment shall be at the expense of the owner or the owner’s agent, and the treatment shall be as prescribed by the department. The [~~article~~] items or materials shall be quarantined at the expense of the owner or the owner’s agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner’s agent refuses to allow the [~~article~~] item or material to be treated or to be responsible for the cost of treatment and quarantine, the shipment, [~~article,~~] item or material, or any portion thereof, together with all packing and containers, shall not be certified for movement between the islands of the State. An article infested or infected with an insect, disease, or pest that is not widespread in the State shall be destroyed at the expense of the owner or the owner’s agent; provided that no treatment exists that would eradicate the insect, disease, or pest to the satisfaction of the department[~~. Such destruction shall not be made the basis of a claim against the department or the inspector for damage or loss incurred~~]; and

(6) Disposition. Upon completion of inspection, the inspector shall conspicuously affix to the [~~article,~~] item or material, container, or to the delivery order or other similar document, a tag, label, or stamp to indicate that the [~~article~~] item or material has been inspected and can be moved between the islands of the State."

SECTION 7. Section 150A-9.5, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora [~~and~~], fauna, and any other item or material into and within the State. [~~Such~~] The rules shall not be subject to chapter 91.

(b) An interim rule may be adopted in the event that the importation or movement of any flora [or], fauna, or any other item or material, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10.

(c) Interim rules adopted by the department pursuant to this section shall be effective as stated by such rules; provided that:

(1) Any interim rule shall be published at least once statewide within twelve days of issuance; and

(2) No interim rule shall be effective for more than [~~one year.~~] two years."

SECTION 8. Section 150A-14, Hawaii Revised Statutes, is amended by amending subsections (a) through (f) to read as follows:

"(a) [~~Any~~] Except as otherwise provided in this section, any person who violates any provision of this chapter [~~other than sections 150A-5, 150A-6(3), and 150A-6(4)~~] or [~~who violates~~] any rule adopted under this chapter [~~other than those rules involving an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit,~~] shall be [~~guilty of a misdemeanor and~~] fined not less than $100[~~. The provisions of section 706-640 notwithstanding, the maximum fine shall be~~] and not more than $10,000. For a second [~~offense~~] violation committed within five years of a prior [~~offense,~~] violation, the person [~~or organization~~] shall be fined not less than $500 and not more than $25,000. Each day of violation shall constitute a separate violation. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) Any person who [violates section 150A-5 or 150A-58 shall be fined no less than $100 and no more than $10,000. For a second violation committed within five years of a prior violation, the person may be fined no less than $500 and no more than $25,000.]:

(1) Recklessly violates section 150A-6(3) or (4); or

(2) Knowingly owns; transports, including through interisland or intraisland movement; possesses; harbors; transfers; or causes the importation of any snake or other prohibited animal seized under section 150A‑7(b), or violates any provision of this chapter, other than a violation detected by an inspection pursuant to section 150A-5(b)(4), or any rule adopted under this chapter, involving an animal that is prohibited, a plant that is restricted, or an animal or microorganism that is restricted or unlisted, shall be guilty of a misdemeanor and subject to a fine of not less than $5,000, but not more than $20,000. Each day of violation shall constitute a separate offense.

~~(1)~~ Violates section 150A-6(3) or (4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited, a plant that is restricted, or an animal or microorganism that is restricted or unlisted, without a permit, shall be guilty of a misdemeanor and subject to a fine of no less than $5,000, but no more than $20,000;

~~(2)~~ ~~Intentionally~~] knowingly transports, including through interisland or intraisland movement, transfers, possesses, harbors, or imports with the intent to propagate, sell, or release any pest designated by statute or rule, animal that is prohibited, [a] plant, animal, or microorganism that is restricted, or [an] animal or microorganism that is [~~restricted or~~] unlisted[~~, without a permit,~~] in violation of any provision of this chapter, or any rule adopted under this chapter, unless otherwise authorized by law or rule, shall be guilty of a class C felony and subject to a fine of [no] not less than $50,000, but [no] not more than $200,000[~~; or~~

~~(3)~~ Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of no less than $50,000, but no more than $200,000].

(d) Whenever [~~a court sentences~~] a person [~~or organization~~] is subject to a penalty pursuant to subsection (a), (b), or (c) for [~~an offense which~~] a violation that has resulted in the escape or establishment of any pest or animal or microorganism that is prohibited, restricted, or unlisted and caused the department to initiate a program to capture, control, or eradicate that pest [or], animal, or microorganism [~~that is restricted or unlisted, the~~], a court [~~shall also~~] may require that the person [~~or organization~~] pay [~~to the state general fund~~] an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program. Any amount collected under this subsection shall be deposited into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

(e) The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited, restricted, or unlisted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other [~~article~~] item or material infested with insects, diseases, or pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.

(f) Any person [~~or organization~~] that voluntarily surrenders any pest, prohibited animal, or any restricted plant, animal, or microorganism [~~without a permit issued by the department~~], or unlisted animal or microorganism prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section."

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to establish and fund one full-time equivalent (1.0 FTE) position within the plant industry division of the department of agriculture and biosecurity to assist the plant industry division administrator in drafting, reviewing, and updating administrative rules for the plant quarantine branch and the plant pest control branch.

The sum appropriated shall be expended by the department of agriculture and biosecurity for the purposes of this Act.

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 11. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2760
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII