A recently enacted law in Hawaii is sure to cause some confusion and commotion because of its unintended consequences.
This summer, a law was passed that requires a fee to be paid on freight brought into the state. The Legislature passed the law, the Governor vetoed and the Legislature overrode the veto. The fee is one dollar per ton and is used to fund invasive species inspection and biosecurity efforts throughout the state.
The text of the bill (H.B. 2843) is here, the Governor's veto here.
Several issues loom. First, the bill seems to be inequitable in its reach because the bulk importers (think sand, rock, oil) may be a lower threat vector for invasive species (as compared to plant or animal importers). Second, the administrative aspects of this program could prove cumbersome. Smaller cargo importers (think air cargo) could be required to monitor and collect pennies in fees. Third, this statute implicates federalism concerns. States are not allowed to impose "duties on tonnage" per the U.S. Constitution which does allow fees for "inspection" [Note: I will research this point and post later] and any federal fee for invasive species inspection would countervail against the State's authority to impose.
Most in Hawaii would agree with governmental actions to stem the impact of invasive species, but the devil is in the details and this law seems short on details.
Comments