Chapter 161
2009 -- H 5690 SUBSTITUTE A
Enacted 07/16/09
A N A C T
RELATING TO AGRICULTURE AND FORESTRY -- DISEASES AND PARASITES
Introduced By: Representatives M Rice, Naughton, Walsh, Carter, and Pollard
Date Introduced: February 25, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 2-17 of the General Laws entitled
"Diseases and Parasites" is
hereby amended by adding thereto the following sections:
PART 4
ASIAN LONGHORNED
BEETLE & EMERALD ASH BORER
2-17-21.
Nuisance. -- The Asian longhorned
beetle, Anoplophora glabripennis,
a native
insect pest of
States, including, but not
limited to, maples, willows, poplars, birch, London Plane, and elms.
The emerald ash borer, Agrilus
planipennis, also a native insect pest from
be a serious insect pest to several types of ash trees
within the
limited to, green ash, white ash, and black ash. All of the
at-risk trees are part of the natural
environment of
contributing to their value and health. Additionally these insects
pose substantive risk to the
Accordingly, the Asian longhorned
beetle and emerald ash borer are hereby declared to be public
nuisances, and their suppression is authorized and required. No
owner or occupant of an estate
infested with either or both nuisances is by reason of that
infestation liable to an action, civil or
criminal, except to the extent and in the manner and form set
forth in sections 2-17-22 through 2-
17-24.
2-17-22.
Unlawful importation or transportation. -- Any
person importing into this
state, or transporting from place to place within this
state, contrary to quarantine and transport
rules or regulations of the
inspection service (APHIS) or the director of the department of
environmental management
governing the Asian longhorned beetle
or emerald ash borer, any regulated articles, as defined
below in section 2-17-23, shall be subject to a civil
penalty not to exceed twenty-five thousand
dollars ($25,000) for each offense, assessed in accordance
with chapter 42-17.6 and the rules and
regulations promulgated pursuant thereto.
2-17-23.
Regulated articles. -- (a) Regulated articles
shall mean any of the following
raw wood materials taken or harvested from a quarantined
area: any living, dead, standing, cut or
fallen tree, inclusive of nursery stock, or any piece or
portion thereof measuring a half inch or
more in diameter, including any branches, logs,
stumps, roots, or chips, firewood, or green
lumber. Kiln-dried lumber and manufactured or finished
wooden products are not considered
regulated articles pursuant to section 2-17-22.
(b) Regulated articles
shall also include any other article, regardless of its place of origin,
found to be infested by the Asian longhorned
beetle or emerald ash borer if an authorized state or
federal inspector notifies the person in possession of the
article that it is infested and therefore
subject to the quarantine and transport rules or regulations
of APHIS or the director of the
department of environmental management.
(c) Regulated
articles shall also include any other article designated as a regulated article
pursuant to any duly promulgated amendments to the quarantine
and transport rules or regulations
of APHIS or the director of the department of
environmental management.
2-17-24.
Prosecution of violations. -- All state
prosecutions under the provisions of
sections 2-17-21 through 2-17-23 shall be instituted by the
director of the department of
environmental management, and shall be directed by him or her, and
all penalties recovered for
the violation of any of the provisions of sections
2-17-21 through 2-17-23 shall be paid into the
treasury of the state.
SECTION 2. This act
shall take effect upon passage.
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LC01210/SUB A
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