SB 1295: RELATING TO SHIPPING CONTAINER LICENSING.

A BILL FOR AN ACT

Relating to Shipping Container Licensing.

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

     SECTION 1.  The legislature finds that the inordinate influx of illegal fireworks, invasive species, narcotics, and other forms of contraband into the State presents a significant threat to public safety, environmental integrity, and the well‑being of Hawaii's residents.  The unique geographical isolation of Hawaii further necessitates enhanced oversight and regulatory measures to mitigate these threats.

     The legislature further finds that establishing a nominal licensing program for all shipping containers entering the State, set at a fee of $1 per container, will provide state agencies with a critical tool to conduct seamless and lawful inspections.  This program would ensure that commerce remains unhindered by imposing minimal costs while empowering state authorities to inspect and seize contraband efficiently.

     Accordingly, the purpose of this Act is to establish a container licensing program that:

     (1)  Enhances the ability of state officials to lawfully inspect shipping containers entering the State without a warrant, thereby reducing the influx of contraband;

     (2)  Minimizes financial burdens on commerce by implementing a nominal fee of $1 per container; and

     (3)  Establishes a framework for interagency collaboration between the department of transportation's harbor division and department of law enforcement to ensure effective program enforcement.

     SECTION 2.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§266-     Container licensing program.  (a)  The department of transportation shall establish a container licensing program for all shipping containers entering the State to enable lawful and efficient inspection of containers to detect and prevent the entry of contraband, including illegal fireworks, invasive species, and narcotics.

     (b)  The program shall impose a nominal licensing fee of $1 per container, payable by the owner or consignee of the container upon arrival at any commercial harbor, roadstead, or port of entry.  Payment of the fee shall deem the container "licensed" pursuant to this section.

     (c)  All licensed containers shall be subject to inspection by authorized state officials, including department of law enforcement officers or agents.  No inspections conducted pursuant to this section shall require a warrant, pursuant to legal precedents governing administrative searches in regulated industries.

     (d)  The department of law enforcement shall have primary jurisdiction and enforcement authority for inspections and seizures pursuant to this section; provided that the department of law enforcement shall collaborate with the department of transportation in implementing and operating the container licensing program.

     (e)  The department of transportation shall adopt rules pursuant to chapter 91 necessary for the implementation and administration of the program, including:

     (1)  Procedures for the collection of licensing fees;

     (2)  Procedures and processes for inspections, seizures, and handling and storage of seized contraband; and

     (3)  Mechanisms for interagency coordination to ensure effective enforcement.

     (f)  All fees collected pursuant to this section shall be deposited into the harbor special fund pursuant to section
266-19 and be used exclusively for the administration and enforcement of the program."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

HDOT; Department of Law Enforcement; Container Licensing Program; Harbors; Fee; Cargo Inspection; Fireworks; Seizure of Contraband

Description:

Establishes within the Department of Transportation the container licensing program to mitigate the influx of illegal contraband into the State.  Imposes a nominal licensing fee of $1 per container.  Subjects all containers entering the State to inspections and authorizes the seizure of contraband.

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