Report Title:

Harbors; Repeal Wharfage and Demurrage Fees for Outbound Cargo

Description:

Eliminates wharfage and demurrage fees for outbound and overseas cargo.

THE SENATE

S.B. NO.

1030

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to harbors.

 

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

SECTION 1. Section 266-7, Hawaii Revised Statutes, is amended to read as follows:

"§266-7 Department; duties. The department of transportation shall [collect]:

(1) Collect all moneys, fees, and dues paid to the State for wharfage, demurrage, and all other fees or compensation in respect to the entry, anchorage, and wharfage of all vessels and other craft entering into the ports of the State[, and shall account]; provided that no wharfage, demurrage, or other fees shall be collected for outbound or overseas cargo;

(2) Account for the [same] moneys, fees, dues, and other compensation specified in paragraph (1) that are paid to the State as [hereinafter] provided[. The department shall keep] in this chapter; and

(3) Keep a full and complete record of the official acts of the department."

SECTION 2. Section 266-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [The] Except as provided in section 266-7(1), the department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:

(1) Pay when due the principal of and interest on all bonds and other obligations for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, or which are otherwise payable from the revenue or from a special fund maintained or to be maintained from the revenue, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all bonds or other revenue obligations and interest thereon, which are payable from the special fund, including reserves therefor;

(2) Provide for all expenses of operation and maintenance of the properties, including reserves therefor, and the expenses of the department in connection with operation and maintenance; and

(3) Reimburse the general fund of the State for all bond requirements for general obligation bonds which are or have been issued for harbor or wharf improvements, or to refund any of the improvement bonds, excluding bonds, the proceeds of which were or are to be expended for improvements which are or will be neither revenue producing nor connected in their use directly with revenue producing properties."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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