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SB1295
THE SENATE
S.B. NO.
1295
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Shipping Container Licensing
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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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.
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The unique
geographical isolation of Hawaii further necessitates enhanced oversight and
regulatory measures to mitigate these threats.
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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.
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This program would ensure
that commerce remains unhindered by imposing minimal costs while empowering
state authorities to inspect and seize contraband efficiently.
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Accordingly, the purpose of this Act is to
establish a container licensing program that:
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(1)
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Enhances
the ability of state officials to lawfully inspect shipping containers entering
the State without a warrant, thereby reducing the influx of contraband;
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(2)
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Minimizes
financial burdens on commerce by implementing a nominal fee of $1 per
container; and
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(3)
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Establishes
a framework for interagency collaboration between the department of
transportation's harbor division and department of law enforcement to ensure
effective program enforcement.
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SECTION 2.
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Chapter 266, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
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�266-
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Container
licensing program.
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(a)
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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.
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(b)
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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.
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Payment of the fee shall deem the container "licensed"
pursuant to this section.
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(c)
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All licensed containers shall be subject to
inspection by authorized state officials, including department of law
enforcement officers or agents.
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No inspections
conducted pursuant to this section shall require a warrant, pursuant to legal
precedents governing administrative searches in regulated industries.
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(d)
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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.
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(e)
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The department of transportation shall adopt
rules pursuant to chapter 91 necessary for the implementation and
administration of the program, including:
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(1)
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Procedures
for the collection of licensing fees;
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(2)
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Procedures
and processes for inspections, seizures, and handling and storage of seized
contraband; and
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(3)
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Mechanisms
for interagency coordination to ensure effective enforcement.
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(f)
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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.
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SECTION 3.
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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.
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SECTION 4.
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This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
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.
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Imposes a nominal licensing fee of $1 per
container.
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Subjects all containers
entering the State to inspections and authorizes the seizure of contraband.
The summary description
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not legislation or evidence of legislative intent.