Bill Text: HI SB168 | 2011 | Regular Session | Introduced

Hawaii Senate Bill 168 (Prior Session Legislation)

Introduced

Bill Title: Cargo Inspections; Fireworks; Explosives

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-01-24 - (S) Referred to PGM/TIA, JDL. [SB168 Detail]

Download: Hawaii-2011-SB168-Introduced.html

THE SENATE	S.B. NO.	168
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CARGO 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 cargo containers are inspected by shipping companies who match the cargo with the shipping manifest for billing purposes. This lack of sufficient cargo inspections means that there is ample opportunity for illegal fireworks and explosives to be smuggled into the State. Particularly in light of the State's geographical isolation and the numerous cargo containers arriving by ship, it is imperative that the State broaden its authority to inspect incoming cargo.

The purpose of this Act is to expand the State's authority to inspect incoming cargo.

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 incoming cargo. (a) In addition to any other powers provided by law, the department of defense may enter private commercial property at reasonable times to inspect any incoming cargo for the purpose of detecting and confiscating illegal fireworks or any explosives constituting a threat directly or indirectly to the security of life or property in the State.

(b) All owners, employees, and agents of any business operating at any private commercial property subject to inspection under this section shall cooperate with the department of defense to enable the department to conduct inspections effectively, including providing shipping manifests and other assistance.

(c) The department of defense may collaborate with 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 incoming cargo.

(d) This section shall supersede any labor work rules or contracts commencing after the effective date of this Act, that are contrary to the intent of this section.

(e) For the purposes of this section, "private commercial property" means:

(1) Freight forwarder warehouses and other commercial facilities where consolidated cargo transported from any shipping port is segregated and prepared for delivery; and

(2) Other commercial facilities where cargo containers transported from any shipping port are unloaded."

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 incoming cargo. (a) In addition to any other powers provided by law, the department of transportation may enter private commercial property at reasonable times to inspect any incoming cargo for the purpose of detecting and confiscating illegal fireworks or any explosives constituting a threat directly or indirectly to the security of life or property in the State.

(b) All owners, employees, and agents of any business operating at any private commercial property subject to inspection under this section shall cooperate with the department of transportation to enable the department to conduct inspections effectively, including providing shipping manifests and other assistance.

(c) The department of transportation may collaborate with 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 incoming cargo.

(d) This section shall supersede any labor work rules or contracts commencing after the effective date of this Act, that are contrary to the intent of this section.

(e) For the purposes of this section, "private commercial property" means:

(1) Freight forwarder warehouses and other commercial facilities where consolidated cargo transported from any shipping port is segregated and prepared for delivery; and

(2) Other commercial facilities where cargo containers transported from any shipping port are unloaded."

SECTION 4. The department of defense and the department of transportation shall meet with and seek input from members of the shipping industry and local businesses to effectuate this Act through an efficient inspection system designed to avoid delays and inefficiencies in commerce and the distribution of goods and products.

SECTION 5. The revisor of statutes shall insert the effective date of this Act in the appropriate places in section 128- (d) in section 2 of this Act and in section 266- (d) in section 3 of this Act.

SECTION 6. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

Report Title:

Cargo Inspections; Fireworks; Explosives

Description:

Authorizes the department of transportation and department of defense to inspect incoming cargo for illegal fireworks and explosives at certain private commercial facilities.

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