THE SENATE

S.B. NO.

1505

THIRTIETH LEGISLATURE, 2019

 

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

     "(a)  The department of transportation shall:

     (1)  Have and exercise all the powers and shall perform all the duties which may lawfully be exercised by or under the State relative to the control and management of commercial harbors, commercial harbor and waterfront improvements, ports, docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State, and the shipping using the same;

     (2)  Have the authority to use and permit and regulate the use of the commercial docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor;

     (3)  Subject to all applicable provisions of law, have the power to fix and regulate from time to time rates and charges for:

          (A)  Services rendered in mooring commercial vessels;

          (B)  The use of commercial moorings belonging to or controlled by the State;

          (C)  Wharfage or demurrage;

          (D)  Warehouse space, office space, and storage space for freight, goods, wares and merchandise; and

          (E)  The use of derricks or other equipment belonging to the State or under the control of the department;

     (4)  Make other charges including toll or tonnage charges on freight passing over or across docks, wharves, piers, quays, bulkheads, or landings;

     (5)  Make harbor facilities temporarily available as a harbor of safe refuge to small vessels under two hundred gross tons when the United States National Weather Service forecasts a tropical storm (more than thirty-eight miles per hour), or hurricane strength cyclones (more than seventy-three miles per hour), unless specifically prohibited by the United States Coast Guard Captain of the Port; provided that small vessels shall be moored in non-essential areas and be clear of harbor channels whenever possible;

    [(5)] (6)  Appoint and remove clerks, harbor agents and their assistants, and all such other employees as may be necessary, and to fix their compensation;

    [(6)] (7)  Adopt rules pursuant to chapter 91 and not inconsistent with law; and

    [(7)] (8)  Generally have all powers necessary to fully carry out this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Department of Transportation; Harbor Facilities; Safe Refuge

 

Description:

Authorizes the department of transportation to make harbor facilities temporarily available as a harbor of safe refuge when the National Weather Service forecasts a tropical storm or hurricane strength cyclones, unless specifically prohibited by the United States Coast Guard Captain of the Port.

 

 

 

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