Bill Text: HI SB2523 | 2010 | Regular Session | Amended
Bill Title: Pest Inspection, Quarantine, and Eradication Service Fee
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2010-06-23 - (S) Act 173, 6/23/2010 (Gov. Msg. No. 633). [SB2523 Detail]
Download: Hawaii-2010-SB2523-Amended.html
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THE SENATE |
S.B. NO. |
2523 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO AGRICULTURAL INSPECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to address the issue of agriculture in Hawaii. More specifically, this Act includes the following major amendments:
(1) Exempts aggregate bulk freight, cement bulk freight, coal bulk freight, and liquid bulk freight from the pest inspection, quarantine, and eradication service fee;
(2) Clarifies and expands the purposes for which funds may be expended from the pest inspection, quarantine, and eradication fund;
(3) Requires the deposit of fees and fines relating to agricultural inspections into the pest inspection, quarantine, and eradication fund;
(4) Repeals the permit revolving fund and microorganism import certification revolving fund and transfers moneys in those funds into the pest inspection, quarantine, and eradication fund; and
(5) Directs the department of agriculture to adopt or amend rules to impose or increase fees under chapter 150A, and sets a fee schedule to go into effect if the department fails to do so in a timely manner.
SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and read as follows:
Ҥ150A- 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 fails to pay the fee; or
(2) A transportation company 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 transportation company; 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 two times the amount of the inspection, quarantine, and eradication service fee or $50, whichever is higher.
(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 3. Section 150A-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read:
""Aggregate bulk freight” means man-made, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as clean sand, gravel, crushed stone, slag, recycled concrete, and geosynthetic aggregates.
"Cement bulk freight" means unpackaged, homogenous cement, without mark or count, that is usually free-flowing and bought and sold by weight or volume.
"Coal bulk freight" means unpackaged, homogenous coal, without mark or count, that is usually free-flowing, bought and sold by weight or volume, and used as a fuel.
"Liquid bulk freight" means unpackaged, homogenous liquid goods, without mark or count, that are usually free-flowing and bought and sold by weight or volume, such as oil, or other complex mixture of petroleum hydrocarbons, bituminous liquids such as asphalt, gasoline, and fuel oils."
SECTION 4. Section 150A-4.5, Hawaii Revised Statutes, is amended to read as follows:
"§150A-4.5 Pest inspection, quarantine, and eradication fund. (a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:
(1) Legislative appropriations for biosecurity and pest inspection, quarantine, and eradication services;
(2) Service fees, charges, and penalties collected
under section 150A-5.3[;];
(3) Fees imposed for services pursuant to this chapter or rules adopted under this chapter;
(4) Fines for violations of this chapter;
[(3)] (5) Federal
funds received for biosecurity, pest inspection, control, management,
quarantine, and eradication programs;
[(4)] (6) Grants
and gifts;
[(5)] (7) All
interest earned or accrued on moneys deposited in the fund;
and
[(6)] (8) Any
other moneys made available to the fund.
(b) The moneys in the pest
inspection, quarantine, and eradication fund shall be expended by the
department for the operation of biosecurity and pest inspection,
quarantine, eradication, [biosecurity,] and monitoring programs, related
facilities, [and] 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 to carry out the
purposes of this chapter. 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."
SECTION 5. Section 150A-5.3, Hawaii Revised Statutes, is amended to read as follows:
"§150A-5.3
Inspection, quarantine, and eradication service fee and charge. (a)
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, but not including
aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk
freight, that is brought into the [State.] state. The
transportation company shall 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. The fee shall be paid by the person
responsible for paying the freight charges to the transportation company[,
who] within forty-five days of receipt of the bill. The
transportation company 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 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.
(b) The fee shall
be assessed and collected 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 6. Section 150A-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§150A-21[]]
Certification for shipment. The department may certify as to the pest
condition or post treatment of shipments when officially required. Fees
may be charged for certificates in certain instances[.] and shall be
deposited into the pest inspection, quarantine, and eradication fund."
SECTION 7. Section 150A-23, Hawaii Revised Statutes is amended to read as follows:
"[[]§150A-23[]]
Nursery stock certificate. The department may issue and authorize the
use of nursery stock certificates by any shipper complying with its regulation
for nursery inspection. Shipments accompanied by these certificates may
move to other localities within the county or to other counties without
inspection at destination. Nursery stock certificates may be issued for
interstate shipments. Fees may be charged for nursery certification[.]
and shall be deposited into the pest inspection, quarantine, and eradication
fund. Nursery stock certificates shall not be altered or misused.
The
department may revoke or suspend the right to use any nursery stock certificate
which is issued to any person who fails to comply with requirements for [their]
use of the certificate.”
SECTION 8. Section 150A-31, Hawaii Revised Statutes, is amended to read as follows:
"[[]§150A-31[]]
Certificate for shipment. The department may certify as to the pest
condition of honey bee shipments when health certificates are officially
required. Fees to cover the department's certification costs may be
charged for health certificates as provided by rule[.] and shall be
deposited into the pest inspection, quarantine, and eradication fund.
Health certificates shall not be altered or misused."
SECTION 9. Section 150A-42, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Fees may be assessed for the processing and issuance of a
certificate and for inspections related to the certificate, as established by
rule and shall be deposited into the pest inspection, quarantine, and
eradication fund. Fees may vary according to the type of
certification issued and the costs incurred for inspections[.];
provided that the fees shall be deposited into the pest inspection, quarantine,
and eradication fund."
SECTION 10. Section 150A-6.7, Hawaii Revised Statutes, is repealed.
["§150A-6.7
Permit revolving fund. (a) There is established in the
state treasury a revolving fund to be known as the permit revolving fund to be
administered by the department. The permit revolving fund shall consist
of:
(1) Legislative appropriations;
(2) User fees as authorized by
rule;
(3) All interest earned on or
accrued to moneys deposited in the permit revolving fund;
(4) Grants and gifts; and
(5) Any other moneys made
available to the permit revolving fund from other sources.
(b)
The department shall expend moneys in the permit revolving fund to:
(1) Facilitate the processing
and issuance of permits;
(2) Amend lists of creatures
prohibited or allowed for import;
(3) Comply with monitoring
activities;
(4) Train personnel, and provide
educational workshops, materials, and equipment; and
(5) For any other purpose deemed
necessary to carry out the purposes of this part."]
SECTION 11. Section 150A-48, Hawaii Revised Statutes, is repealed.
["[§150A-48]
Microorganism import certification revolving fund. (a)
There is established in the state treasury the microorganism import certification
revolving fund which shall be administered by the department for the purposes
of this section. The microorganism import certification revolving fund
shall consist of:
(1) Legislative appropriations
to the microorganism import certification revolving fund;
(2) Certification and inspection
fees, as authorized by rule;
(3) All fines collected pursuant
to this part;
(4) Reimbursements for any costs
paid by the department to remediate any impending danger or actual emergencies involving
microorganisms imported pursuant to certificate;
(5) All interest earned on or
accrued to moneys deposited in the microorganism import certification revolving
fund;
(6) Grants and gifts to the
microorganism import certification revolving fund; and
(7) Any other moneys made
available to the microorganism import certification revolving fund from other
sources.
(b)
The balance in the microorganism import certification revolving fund shall not
exceed $500,000. All amounts in excess of $500,000 shall be deposited to
the credit of the state general fund.
(c)
The department shall expend moneys in the microorganism import certification
revolving fund for the development, administration, and operation of the
microorganism import certification program, including but not limited to
personnel, training, materials and equipment, compliance monitoring activities,
educational workshops for certified importers and applicants for certification,
evaluation and remediation of impending threat or actual emergencies related to
microorganisms imported pursuant to certificate, and for any other purpose
deemed necessary to carry out the purposes of this part.
(d)
The department may set fees, by rule, for educational workshops for certified
importers or applicants for certification."]
SECTION 12. (a) The repeal of section 150A-6.7 and section 150A-48, Hawaii Revised Statutes, shall not rescind any fees authorized or imposed under those sections that would have been deposited into the permit revolving fund or the microorganism import certification revolving fund. From July 1, 2010, the fees under those sections shall be deposited into the pest inspection, quarantine, and eradication fund.
(b) On July 1, 2010:
(1) All moneys in the permit revolving fund and microorganism import certification revolving fund as of June 30, 2010, shall be transferred to the pest inspection, quarantine, and eradication fund;
(2) All unpaid obligations of the permit revolving fund and microorganism import certification revolving fund as of June 30, 2010, shall become payable from the pest inspection, quarantine, and eradication fund; and
(3) The permit revolving fund and microorganism import certification revolving fund shall cease to exist.
SECTION 13. (a) Between July 1, 2010, and September 30, 2010, the department of agriculture shall adopt new or amend existing rules to impose or increase the fees authorized to be charged under chapter 150A, Hawaii Revised Statutes, without regard to the public notice and public hearing requirements of section 91-3, Hawaii Revised Statutes, the small business impact review requirements of chapter 201M, Hawaii Revised Statutes, or the limit on fee increases under section 92-28, Hawaii Revised Statutes. The department shall set the fees at amounts intended to generate, together with the inspection, quarantine, and eradication service fee, sufficient revenues to pay the operation and maintenance costs of implementing the agriculture inspection and biosecurity programs of chapter 150A, Hawaii Revised Statutes, and the central services and departmental administrative expense assessments of section 36-27 and section 36-30, Hawaii Revised Statutes.
(b) If, by September 30, 2010, the department of agriculture has not complied with subsection (a), then the fee charged for each inspection or certification conducted under authority of chapter 150A shall be as follows, effective October 1, 2010:
(1) A fee for inspection, safeguarding, witnessing departure, witnessing treatment, or certification requiring the services of personnel beyond regular work hours, including pre-shift, post-shift, holidays, or days off shall be $50 plus mileage reimbursement, and an additional fee shall be assessed, which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals;
(2) A fee for any inspection during regular work hours conducted away from the port or office, including an inspection for safeguarding, witnessing departure, witnessing treatment, or certification, but excluding those inspections subject to the inspection, quarantine, and eradication service fee under section 150A-5.3, Hawaii Revised Statutes, shall be $50 per hour plus mileage reimbursement;
(3) An annual fee for nursery certification shall be $100;
(4) A fee for follow-up inspections required to correct deficiencies found in a certification inspection or inspections to remedy out-of-state rejections shall be $50 per hour plus mileage reimbursement;
(5) A fee for treatment or destruction of infested commodities performed by the branch shall be $50 per parcel;
(6) A fee for the use of a quarantine house operated by the branch shall be $50 per room per month; and
(7) A storage fee of $5 per day shall be charged for commodities stored at any branch office, forty-eight hours after written notification.
The fee shall be deposited into the pest inspection, quarantine, and eradication fund.
(c) Any subsequent amendments to the rules adopted or amended pursuant to subsection (a) or the fees established under subsection (b) shall be subject to all applicable provisions of chapter 91, chapter 201M, and section 92-28, Hawaii Revised Statutes.
SECTION 14. All inspection, quarantine, and eradication fees that have accrued prior to the effective date of this Act and have been exempted by this Act shall be waived.
SECTION 15. There is appropriated out of the pest inspection, quarantine, and eradication fund the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011, and shall be expended by the department of agriculture for the purposes of the fund.
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2010; provided that sections 2 and 3, upon approval, shall take effect retroactive to July 1, 2007.
Report Title:
Pest Inspection, Quarantine, and Eradication Service Fee
Description:
Makes various amendments to the agricultural inspection and biosecurity laws, including the following: (1) Exempts aggregate bulk freight, cement bulk freight, coal bulk freight, and liquid bulk freight from the Pest Inspection, Quarantine, and Eradication Service fee; (2) Expands the purposes for expenditures from the Pest Inspection, Quarantine, and Eradication Fund; (3) Requires the deposit of fees and fines relating to agricultural inspections into the Pest Inspection, Quarantine, and Eradication Fund; and (4) Repeals the Permit Revolving Fund and Microorganism Import Certification Revolving Fund and transfers the moneys in those funds in the Pest Inspection, Quarantine, and Eradication Fund. (5) Waives exempted fees. Effective July 1, 2010. (SB2523 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
