Bill Text: HI HB1433 | 2010 | Regular Session | Amended
Bill Title: Invasive Species; Fee; Freight
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1433 Detail]
Download: Hawaii-2010-HB1433-Amended.html
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. (HB1433 HD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1433 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 2 |
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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 as provided for in section 150A-5.3:
(1) A person responsible for paying the freight charges to the transportation company who does not 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 does not:
(A) Bill the fee to the person responsible for paying the freight charges to the transportation company within fifteen days of the delivery of the freight; 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 and usually free-flowing, bought and sold by weight or volume.
"Liquid bulk freight" means unpackaged, homogenous liquid goods, without mark or count and usually free-flowing, bought and sold by weight or volume, such as oil."
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.]
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,]
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.
