Report Title:
Invasive Species; Fee; Freight
Description:
Establishes fines for failing to pay or remit the inspection, quarantine and eradication fee. Exempts liquid bulk freight and cement bulk freight from the fee.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1433 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§150A- Importing freight without payment of inspection, quarantine, and eradication service fee. (a) The following fines shall be imposed for failure to pay or remit the inspection, quarantine, and eradication fee as provided for in section 150A-5.3:
(1) A person responsible for paying the freight charges to the transportation company who does not pay the fee shall be assessed a fine of $ for every one thousand pounds of freight or part thereof; and
(2) A transportation company that does not remit the fee to the department shall pay a fine of $ for every one thousand pounds of freight or part thereof.
(b) The transportation company shall not release freight to the person responsible for paying the freight charges until all fees and fines are paid. A transportation company that releases freight to a person responsible for paying the freight charges without paying the fee shall pay a fine of $ per occurrence.
(c) All fines shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5.”
SECTION 2. Section 150A-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
““Cement bulk freight” means unpackaged, homogenous cement, without mark or count and usually free-flowing, bought and sold by weight or volume.
“Liquid bulk freight” means unpackaged, homogenous liquid goods, without mark or count and usually free-flowing, bought and sold by weight or volume, such as oil.”
SECTION 3. Section 150A-5.3, Hawaii Revised Statutes, is amended to read as follows:
"§150A-5.3 Inspection, quarantine, and eradication service fee
and charge. There is imposed a fee for the inspection, quarantine,
and eradication of invasive species contained in any freight, including but not
limited to marine commercial container shipment, air freight, or any other
means of transporting freight, foreign or domestic, that is brought into the State[.],
except for liquid bulk freight and cement bulk freight. The fee shall
be paid by the person responsible for paying the freight charges to the
transportation company, who shall collect the fee and forward the payment to
the department at the port of disembarkation; provided that the transportation
company shall not be liable for any fee that is not paid by the person
responsible for paying the freight charges to the transportation company.
The department shall deposit the fee into the pest inspection, quarantine, and
eradication fund under section 150A-4.5.
The fee shall be assessed on the net weight of the imported freight computed on the basis of 50 cents for every one thousand pounds of freight brought into the State, or part thereof.”
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on its approval.
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INTRODUCED BY: |
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