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THE SENATE |
S.B. NO. |
2523 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURAL INSPECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that fees for the inspection of certain bulk freight from foreign origins for invasive species may be inconsistent with federal law, and may be an inappropriate expenditure of state funds and personnel.
Imports of bulk freight from foreign origins are inspected by the United States Department of Agriculture and the United States Department of Homeland Security, Customs and Border Protection. The Agriculture Risk Protection Act of 2000 expressly preempts states from regulating goods for invasive species when in foreign commerce.
Pre-inspected and pre-processed bulk freight from foreign origins, specifically coal, cement, and fine or course aggregate rarely act as a transporter for invasive species, and to date no invasive species has been found in dry bulk freight.
The purpose of this Act is to prevent the department of agriculture from imposing fees for inspection of bulk freight of foreign origins.
SECTION 2. Section 150A-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:
""Aggregate bulk freight" means unpackaged, pre-processed homogenous particulate material used in construction, without mark or count, that is usually free-flowing, and bought and sold by weight or volume, such as clean sand, gravel, crushed stone, slag, recycled concrete, and geosynthetic aggregates.
"Cement bulk freight" means unpackaged, homogenous cement, without mark or count, that is usually free-flowing, and bought and sold by weight or volume.
"Coal bulk freight" means unpackaged, homogenous coal, without mark or count, that is usually free-flowing, bought and sold by weight or volume, and used as a fuel.
"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 mixtures 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. (a) 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,
cement bulk freight, coal bulk freight, and aggregate bulk freight, as provided
in subsection (c). 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.
(b) 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.
(c) No fee shall be imposed for the inspection, quarantine, and eradication of invasive species, as authorized in subsection (a), for the import of liquid bulk freight, cement bulk freight, coal bulk freight, and aggregate bulk freight, as defined in section 150A-2."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Bulk Freight; Invasive Species Service Fee; Exemption
Description:
Exempts bulk freight of foreign origin from the inspection, quarantine, and eradication service fee and charge; effective 7/1/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.