|
THE SENATE |
S.B. NO. |
2936 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SHIPPING CONTAINER INSPECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that neither the state department of transportation nor the state department of defense has any statutory authority to inspect incoming shipping containers as those containers sit on the docks. The only existing authority to inspect and open containers is with the federal agencies. Inspection of containers is currently handled by the shipping companies that inspect their own shipping containers to ensure that the cargo matches the description on the shipping manifest for purposes of correctly billing the owners of the cargo.
The legislature further finds that the inspection of shipping containers is a major element of protecting against terrorism. Particularly with the State's isolation and the numerous containers arriving by ships, it is imperative that the State take the initiative to require inspection of shipping containers.
The purpose of this Act is to allow the state inspection of shipping containers.
SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§266- Power to inspect shipping containers. (a) In addition to the powers provided by any other law, the department of transportation and department of defense may inspect any shipping container situated anywhere at any commercial harbor, as defined in section 266-1.
(b) The department of transportation or department of defense, or both, may open any shipping container under subsection (a) for the purpose of inspection to detect and confiscate any explosives, not including fireworks under chapter 132D, or other material constituting a threat directly or indirectly to the security of life and property in Hawaii.
(c) The department of transportation and department of defense may collaborate with any federal agencies, including the United States armed services, for purposes of this section.
(d) This section shall be deemed to supersede any labor work rules or contracts to the contrary.
(e) This section shall not be construed to interfere with interstate commerce as this section is in furtherance of the security of the State of Hawaii."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Harbors; Defense; Inspection of Shipping Containers
Description:
Authorizes the department of transportation and the department of defense to inspect shipping containers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.