Bill Text: HI SB3133 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Air Freight.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-02-10 - The committee on AEN deferred the measure. [SB3133 Detail]

Download: Hawaii-2020-SB3133-Introduced.html

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THE SENATE	S.B. NO.	3133
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING to Air Freight.

 

 

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

 

     SECTION 1.  Chapter 261, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§261-A  Air freight pest inspection, quarantine, and eradication fund.  (a)  There is established in the state treasury the air freight pest inspection, quarantine, and eradication fund, into which shall be deposited:

     (1)  Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;

     (2)  Service fees, charges, and penalties collected under sections 261-B and 261-C;

     (3)  Federal funds received for biosecurity, pest inspection, control, management, quarantine, and eradication programs;

     (4)  Grants and gifts;

     (5)  All interest earned or accrued on moneys deposited in the fund; and

     (6)  Any other moneys made available to the fund.

     (b)  The moneys in the air freight pest inspection, quarantine, and eradication fund shall be expended by the department for the operation of airport security, biosecurity and pest inspection, quarantine, eradication, and monitoring programs; the electronic importer manifest program; related facilities; the execution of emergency remedial measures when pests are detected in the course of inspection and quarantine activities by the department; training of inspectors; education of the agricultural industry, permit and certificate holders, and the general public as to import requirements; and for any other purposes deemed necessary.  In addition, the moneys shall be expended to facilitate the processing and issuance of permits and microorganism import documents and for the operations, activities, and monitoring of permitted and certified plants, animals, and microorganisms.

     §261-B  Air freight inspection, quarantine, and eradication service fee and charge.  (a)  There is imposed a fee for airport security, biosecurity and inspection, quarantine, and eradication of invasive species contained in air freight, foreign or domestic, but not including aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk freight, that is brought into the State.  The air carrier shall bill the fee to the person responsible for paying the freight charges to the air carrier within fifteen days of the delivery of the freight.  The fee shall be paid by the person responsible for paying the freight charges to the air carrier within forty-five days of receipt of the bill.  The air carrier shall collect the fee from the person responsible and forward the payment to the department at the port of disembarkation within forty-five days of receipt of the fee; provided that the air carrier shall not be liable for any fee that is not paid by the person responsible for paying the freight charges to the air carrier.  The department shall administer the air freight inspection, quarantine, and eradication fee in accordance with applicable federal laws and regulations.

     The department shall deposit the fee into the air freight pest inspection, quarantine, and eradication fund under section 261‑A.

     (b)  The fee shall be assessed and collected on the net weight of the imported air freight computed on the basis of 75 cents for every one thousand pounds of air freight, or part thereof, brought into the State.

     §261-C  Failure to pay or remit the air freight inspection, quarantine, and eradication service fee; fines.  (a)  The following fines shall be imposed for failure to pay, bill, or remit the air freight inspection, quarantine, and eradication service fee as provided for in section 261-B:

     (1)  A person responsible for paying the air freight charges to the air carrier who fails to pay the fee; or

     (2)  An air carrier that fails to:

          (A)  Bill the fee, within fifteen days of the delivery of the freight, to the person responsible for paying the freight charges to the air carrier; 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 air carrier,

shall pay a fine of two times the amount of the air freight inspection, quarantine, and eradication service fee or $50, whichever is higher.

     (b)  All fines shall be paid to the department and deposited into the air freight pest inspection, quarantine, and eradication fund under section 261-A."

     SECTION 2.  Section 261-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§261‑4.5[]]  Biosecurity, inspection, and cargo support facilities.  The department shall [coordinate] in consultation with the department of agriculture [to] facilitate the inspection, consolidation, deconsolidation, and treatment of imported and exported agriculture and other inspected commodities to meet the needs of each island and to facilitate the safe movement of enplaned and deplaned air cargo through the airports."

     SECTION 3.  Section 261-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Powers to adopt.  The director of transportation may perform such acts, issue and amend such orders, adopt such reasonable general or special rules and procedures, and establish such minimum standards, consistent with this chapter, as the director deems necessary to carry out this chapter and to perform the duties assigned thereunder, all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using, or traveling in aircraft, and the safety of persons and property on land or water, and developing and promoting aeronautics in the State.

     In furtherance of the duties assigned under this chapter, the director may adopt rules relating to:

     (1)  Safety measures, requirements and practices in or about the airport premises;

     (2)  The licensing and regulation of persons engaged in commercial activities in or about the airport premises;

     (3)  The regulation of equipment and motor vehicles operated in or about the airport operational area;

     (4)  Airport security measures or requirements, including biosecurity and pest inspection, and designation of sterile passenger holding areas and operational areas;

     (5)  The regulation of motor vehicles and traffic;

     (6)  Any other matter relating to the health, safety and welfare of the general public and persons operating, using, or traveling in aircraft."

     SECTION 4.  All employees of the plant quarantine branch of the department of agriculture who are stationed at airports are transferred to the department of transportation.

     All employees who occupy civil service positions and whose functions are transferred to the department of transportation by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The director of transportation may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Air Freight Inspection, Quarantine, and Eradication Service Fee and Charge; Air Freight Inspection, Quarantine, and Eradication Fund; Biosecurity

 

Description:

Establishes the air freight inspection, quarantine, and eradication service fee and charge and corresponding fund to finance inspection, quarantine, and eradication activities relating to air freight that arrives at the State's airports.  Transfers plant quarantine branch employees stationed at airports from the department of agriculture to the department of transportation.

 

 

 

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