HOUSE OF REPRESENTATIVES	H.B. NO.	2780
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DRY BULK FREIGHT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that fees for the inspection of certain dry bulk freight for invasive species are unnecessary since the United States Department of Agriculture currently performs this task.  Duplication of this inspection is unnecessary and not an appropriate expenditure of limited state funds and personnel resources. 

     Furthermore, this duplication violates the commerce clause and supremacy clause, and is inconsistent with federal law.  Section 436 of the Federal Plant Protection Act, 7 United States Code 7756, prohibits states from regulating foreign and interstate commerce to control, eradicate, or prevent dissemination of any plant, biological control organism, plant pest, noxious weed, or plant product, with limited exceptions.  This preemption was recognized in Senate Concurrent Resolution No. 72, H.D. 1, 2009, which stated that "the [Agricultural] Risk Protection Act of 2000, expressly preempted states from controlling, eradicating, or preventing the introduction or dissemination of a plant pest from any foreign origin."

     Finally, pre-inspected and pre-processed dry bulk freight from foreign sources, specifically coal, cement, and fine and coarse aggregate are different from other types of freight.  Chapter 150A, Hawaii Revised Statutes, was created to protect Hawaii from the brown tree snake, coqui frog, Miconia calvescens A.P. de Candolle, Salvinia molesta D.S. Mitchell, and other types of invasive species that travel in incoming cargo, including containerized and non-containerized general freight.  Pre-inspected and pre-processed dry bulk freight from foreign sources is not a transporter for such invasive species, and to date, no such invasive species have been found in dry bulk freight. 

     Accordingly, the legislature believes that the current fee schedule should not apply to the transport of dry bulk freight from foreign sources that is inspected pursuant to the United States Department of Agriculture's Animal and Plant Health Inspection Service rules and regulations.  The purpose of this Act, therefore, is to exempt dry bulk freight brought into the state from foreign sources from the inspection, quarantine, and eradication service fee and charge.

     SECTION 2.  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.] state, except for dry 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,] state, or part thereof.

Notwithstanding the foregoing no fee shall be assessed on dry bulk freight.  As used in this chapter, "dry bulk freight" means unpackaged, pre-processed, and pre-inspected homogenous cement, coal, and quarry products including aggregate, gravel, and sand, from foreign countries that is inspected pursuant to the United States Department of Agriculture's Animal and Plant Health Inspection Service rules and regulations, without mark or count and usually free-flowing, bought and sold by weight or volume.

All fees which may have been previously due for the importation of dry bulk freight under this section are repealed as they relate to dry bulk freight."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Dry Bulk Freight; Fees

Description:

Exempts all dry bulk freight from the inspection, quarantine, and eradication service fee and charge.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.