Bill Text: HI HB150 | 2012 | Regular Session | Introduced

Hawaii House Bill 150 (Prior Session Legislation)

Introduced

Bill Title: Harbors; Inspection of Shipping Containers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB150 Detail]

Download: Hawaii-2012-HB150-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	150
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SHIPPING CONTAINER INSPECTIONS.

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

SECTION 1. The legislature finds that the state departments of transportation and defense lack the statutory authority to inspect incoming shipping containers. Most containers are inspected by shipping companies who match the cargo with the shipping manifest for billing purposes.

"The Adherence Group" is a third-party private inspection service that is hired by shipping companies to inspect shipping containers to ensure that the cargo matches the manifest. The legislature believes that The Adherence Group could serve as a model for state authorities in formulating procedures for inspecting shipping containers.

The legislature further finds that the inspection of shipping containers is a major element in the fight against terrorism. Particularly in light of the State's geographical isolation and the numerous containers arriving by ship, it is imperative that the State broaden its inspection of incoming shipping containers.

The purpose of this Act is to broaden the State's 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 any other powers provided by 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 inspect any shipping container under subsection (a) to detect and confiscate any material constituting a threat directly or indirectly to the security of life and property in Hawaii, including explosives, but excluding fireworks regulated in chapter 132D.

(c) The department of defense may collaborate with any federal agencies, including any of the United States armed services, and state and county agencies to effectuate this section. The department of defense shall serve as the lead state agency to coordinate the inspection of shipping containers.

(d) This section shall supersede any labor work rules or contracts that are contrary to the intent of this section."

SECTION 3. 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 any other powers provided by 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 inspect any shipping container under subsection (a) to detect and confiscate any material constituting a threat directly or indirectly to the security of life and property in Hawaii, including explosives, but excluding fireworks regulated in chapter 132D.

(c) The department of transportation may collaborate with any federal agencies, including any of the United States armed services, and state and county agencies to effectuate this section. The department of defense shall serve as the lead state agency to coordinate the inspection of shipping containers.

(d) This section shall supersede any labor work rules or contracts that are contrary to the intent of this section."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Harbors; Inspection of Shipping Containers

Description:

Authorizes the department of transportation and department of defense to inspect shipping containers for dangerous materials, including explosives.

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