SB2936 SD1.DOC

SECTION 1. The legislature finds that the state departments of transportation, defense, and agriculture do not have the statutory authority to inspect incoming shipping containers as those containers sit on the docks.

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 Adherence Group" is a third-party private inspection group that is mutually hired by the shipping companies to inspect shipping containers to ensure the cargo matches the manifest. The legislature believes that The Adherence Group could serve as a model of private inspections of cargo on a voluntary basis whose procedures could help state authorities in formulating their own procedures for inspecting shipping containers.

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 the inspection of shipping containers.

The purpose of this Act is to allow the state inspection of shipping containers.

SECTION 2. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128‑ Power to inspect shipping containers. (a) In addition to the powers provided by any other law, the department of defense may inspect any shipping container situated anywhere at any commercial harbor, as defined in section 266-1.

(b) The department of defense 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 defense may collaborate with any federal agencies, including the United States armed services, and state and county agencies for purposes of this section. The department of defense shall be the lead agency among state agencies to coordinate the inspection of shipping containers.

(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. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141‑ Power to inspect shipping containers. (a) In addition to the powers provided by any other law, the department of agriculture may inspect any shipping container situated anywhere at any commercial harbor, as defined in section 266-1.

(b) The department of agriculture 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 agriculture may collaborate with any federal agencies, including the United States armed services, and state and county agencies for purposes of this section. The department of defense shall be the lead agency among state agencies to coordinate the inspection of shipping containers.

(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 4. 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 may inspect any shipping container situated anywhere at any commercial harbor, as defined in section 266-1.

(b) The department of transportation 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 may collaborate with any federal agencies, including the United States armed services, and state and county agencies for purposes of this section. The department of defense shall be the lead agency among state agencies to coordinate the inspection of shipping containers.

(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 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2525.

THE SENATE	S.B. NO.	2936
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII