Bill Text: HI HB2500 | 2010 | Regular Session | Introduced
Bill Title: Environment; Inspection; Quarantine; Freight Importation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-05 - (H) The committee(s) recommends that the measure be deferred. [HB2500 Detail]
Download: Hawaii-2010-HB2500-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2500 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the environment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding two new sections 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 $250 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 $250 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.
§150A- Private cause of action. Any person may bring an action in the appropriate court to enforce the provisions of this chapter or enjoin the actions of a person in violation of the provisions of this chapter. If the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorney's fees together with the cost of suit."
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[.], 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, or part thereof. 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 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.
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INTRODUCED BY: |
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Report Title:
Environment; Inspection; Quarantine; Freight Importation
Description:
Sets penalty for failure to pay or remit freight inspection service fee; establishes private cause of action to enforce chapter.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
