HB 1555 — Establishes a nonnative invasive plant list and a potentially invasive plant watchlist and gives the department of agriculture authority to maintain and enforce both the list and watchlist

Bill Text

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Missouri Revised Statutes: Section 263.411, RSMo; Section 536.028, RSMo.

• Section 263.411, RSMo

  (1) "Director", the director of the department of agriculture; (2) "Invasive plant", any living part, cultivar, variety, species, or subspecies of a plant not native to Missouri identified by the director as having the potential to do some or all of the following: (a) Result in widespread dispersal and establishment; (b) Outcompete other species in the same area; (c) Exhibit rapid growth or high seed or propagule productions; or (d) Become established in natural areas in the state. 2. No person shall knowingly import, export, buy, sell, transport, distribute, or propagate any viable portion or seeds of an invasive plant in this state unless the director provides prior written approval under subsection 3 of this section. 3. The director may provide written approval for a person to conduct an activity prohibited under subsection 2 of this section if the purpose of the activity is for any of the following: (1) Disposal; (2) Control; bold-face (3) Research; (4) Education; or (5) Export for the purpose of disposal, control, research, or education. 4. (1) A person found to be in violation of this section shall be issued a notice of violation. The notice shall state the date issued, the name and address of the person to whom the notice is issued, the nature of the violation, the statute or regulation violated, and the name and position of the person issuing the notice. The notice shall also contain a warning that the violation may result in an informal or formal administrative hearing or both. (2) A person issued a notice of violation may be afforded an opportunity by the director to explain such facts at an informal hearing to be conducted within fourteen days of such notification. If such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before the director or a designated hearing officer conducted in accordance with chapter 536 and, if found to have committed two or more violations within twelve months, may be ordered to cease and desist from such violations. Such order may be enforced in the circuit court and such person may be required to pay a penalty of at least fifty dollars but not more than five hundred dollars per violation. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which the party resides or in Cole County if the party is the state in accordance with chapter 536. (3) A person who violates this section may enter into a written agreement with the director specifying terms and conditions for compliance with this section. A person who is in compliance with all of the terms and conditions of a written agreement under this subdivision is not in violation of this section. 5. (1) The director shall, by rule, maintain a list of invasive plants known as the "Invasive Plant List". (2) The invasive plant list shall include, but not be limited to, the following: (a) Burning bush (Euonymus alatus); (b) Callery pear (Pyrus calleryana); (c) Climbing euonymus (Euonymus fortunei); (d) Japanese honeysuckle (Lonicera japonica); and (e) Sericea lespedeza (Lespedeza cuneata). (3) No plant included on the invasive plant list shall be listed on the potentially invasive plant watchlist created and maintained under subsection 6 of this section. 6. (1) The director shall, by rule, create and maintain a watchlist known as the "Potentially Invasive Plant Watchlist". (2) Any person, business, or entity that offers for sale any plant on the watchlist shall label the plants as potentially invasive in a manner prescribed by the department of agriculture. Any person, business, or entity that fails to label potentially invasive plants listed on the watchlist in a manner prescribed by the department of agriculture shall be issued a notice of violation under subsection 4 of this section. (3) The potentially invasive plant watchlist sh

  amended

• Section 536.028, RSMo

  and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2024, shall be invalid and void. 8. This section shall become effective January 1, 2025; except that, burning bush and callery pear plants acquired by a licensed Missouri wholesale or retail plant nursery before January 1, 2025, shall be exempt from enforcement of this section until January 1, 2028.

  amended

Action History

1. January 05, 2024

   Referred: Conservation and Natural Resources(H)

2. January 04, 2024

   Read Second Time (H)

3. January 03, 2024

   Read First Time (H)

4. December 01, 2023

   Prefiled (H)

Sponsors

• Bruce Sassmann · Primary
• Jim Schulte · Cosponsor
• Tim Taylor · Cosponsor
• Rudy Veit · Cosponsor

Subjects