OLR Bill Analysis
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE INVASIVE PLANT COUNCIL
This bill prohibits, from July 1, 2009 to October 1, 2014, municipalities from adopting ordinances regulating the retail sale or purchase of invasive plants. It allows such plants to be moved for specific purposes and makes other changes in invasive plant laws.
EFFECTIVE DATE: July 1, 2009
BAN ON MUNICIPAL ORDINANCES
A ban on the adoption of municipal ordinances regulating the retail sale or purchase of invasive plants expired October 1, 2005. The bill reinstates this ban, starting July 1, 2009. The ban expires on October 1, 2014.
Current law bars people from importing, moving, selling, buying, transplanting, cultivating, or distributing any of 81 invasive plants. The bill removes water lettuce (Pistia stratiotes) from the list. It allows people to (1) move any of the remaining 80 plants for research, eradication, or educational purposes and (2) cultivate them only for research. It also bars anyone from moving (except for eradication, research, or educational purposes) importing, selling, transplanting, buying, cultivating (except for research purposes), or distributing any of the reproductive portions of a listed invasive species, including seeds, flowers, roots, and tubers, regardless of any municipal ordinance to the contrary.
By law, violators are subject to a fine of up to $ 100 per plant. Current law treats as an infraction violations of the invasive plant law with regard to plants listed as invasive before October 1, 2005. Under the bill, violations of the invasive plant law for plants listed as invasive on or after that date, as well as violations concerning the reproductive portions of any listed invasive plant, also are treated as infractions.
BAN ON STATE AGENCY PURCHASE OF INVASIVE PLANTS
The law prohibits state agencies, departments, and institutions from buying an invasive or potentially invasive plant, except to honor a state contract in effect when a plant is listed as invasive or potentially invasive. But state agencies may transport these plants for educational or research purposes. The bill allows these agencies also to transport the plants to eradicate them and allows agents of the agencies, departments, and institutions to transport the plants for education, research, and eradication.
INSPECTION FOR VIOLATIONS OF INVASIVE PLANT LAWS
By law, the director of the Connecticut Agricultural Experiment Station may prohibit or regulate the transportation of plants and plant material liable to carry dangerous pests and enforce other provisions of the law concerning plant and insect disease and infestation. The bill authorizes the director or his designee to inspect nurseries and nursery stock for violations of the invasive plant laws. The bill also authorizes the agriculture commissioner to inspect pet shops for violations of the invasive plant laws. By law, the commissioner may issue orders to correct unsatisfactory conditions.
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea |
27 |
Nay |
0 |
(03/06/2009) |