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THE SENATE |
S.B. NO. |
2236 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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- Failure to pay or remit the inspection, quarantine, and eradication service fee; fines. (a) The following fines shall be imposed for failure to pay, bill, or remit the inspection, quarantine, and eradication service fee imposed by section 150A-5.3:
(1) A person responsible for paying the freight charges to the transportation company who fails to pay the fee shall be assessed a fine of $100 for every one thousand pounds of freight or part thereof; and
(2) A transportation company that fails to:
(A) Bill the fee, within fifteen days of the delivery of the freight, to the person responsible for paying the freight charges to the transportation company; or
(B) Remit the fee to the department within forty-five days of collecting the fee from the person responsible for paying the freight charges to the transportation company,
shall pay a fine of $100 for every one thousand pounds of freight or part thereof.
(b) 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, that is usually free-flowing and bought and sold by weight or volume.
"Liquid bulk freight" means unpackaged, homogenous liquid goods, without mark or count, that are usually free-flowing and bought and sold by weight or volume, such as oil, or other complex mixture of petroleum hydrocarbons, bituminous liquids such as asphalt, gasoline, and fuel oils."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Invasive Species; Fee; Freight
Description:
Establishes fines for failing to pay, bill, or remit the inspection, quarantine, and eradication fee. Exempts liquid bulk freight and cement bulk freight from the fee.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.