REPORT TITLE:
Harbors 


DESCRIPTION:
Establishes definition for maritime lands.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2301
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HARBORS.


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

 1      SECTION 1.  Section 266-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The department of transportation shall:
 
 4      (1)  Have and exercise all the powers and shall perform all
 
 5           the duties which may lawfully be exercised by or under
 
 6           the State relative to the control and management of
 
 7           commercial harbors, commercial harbor and waterfront
 
 8           improvements, ports, docks, wharves, piers, quays,
 
 9           bulkheads, [and] landings belonging to or controlled by
 
10           the State, and maritime land, which is any land
 
11           required for commercial and industrial activities that
 
12           are dependant on being adjacent to the harbor, and the
 
13           shipping using the same;
 
14      (2)  Have the authority to use and permit and regulate the
 
15           use of the commercial docks, wharves, piers, quays,
 
16           bulkheads, and landings belonging to or controlled by
 
17           the State, and maritime land, which is any land
 
18           required for commercial and industrial activities that
 
19           are dependant on being adjacent to the harbor, for
 
20           receiving or discharging passengers and for loading and
 

 
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 1           landing merchandise, with a right to collect wharfage
 
 2           and demurrage thereon or therefor;
 
 3      (3)  Subject to all applicable provisions of law, have the
 
 4           power to fix and regulate from time to time rates and
 
 5           charges for:
 
 6           (A)  Services rendered in mooring commercial vessels;
 
 7           (B)  The use of commercial moorings belonging to or
 
 8                controlled by the State;
 
 9           (C)  Wharfage or demurrage;
 
10           (D)  Warehouse space, office space, and storage space
 
11                for freight, goods, wares, and merchandise; and
 
12           (E)  The use of derricks or other equipment belonging
 
13                to the State or under the control of the
 
14                department;
 
15      (4)  Make other charges including toll or tonnage charges on
 
16           freight passing over or across docks, wharves, piers,
 
17           quays, bulkheads, [or] landings[;], or maritime land,
 
18           which is any land required for commercial and
 
19           industrial activities that are dependant on being
 
20           adjacent to the harbor;
 
21      (5)  Appoint and remove clerks, harbor agents and their
 
22           assistants, and all such other employees as may be
 
23           necessary, and [to] fix their compensation;
 

 
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 1      (6)  Adopt rules pursuant to chapter 91 and not inconsistent
 
 2           with law; and
 
 3      (7)  Generally have all powers necessary to fully carry out
 
 4           this chapter."
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored. 
 
 7      SECTION 3.  This Act shall take effect upon its approval.