HOUSE OF REPRESENTATIVES	H.B. NO.	714
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOORING LINES.

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

SECTION 1. The legislature finds that the Hawaiian archipelago is the most remote island chain in the world, where ninety-eight per cent of all goods are processed by the harbor system. Tugs are vital to Hawaii's shipping industry, as tugs bring in tens of thousands of goods to the State each day. To properly secure shipping vessels to wharves, mooring lines are thrown over the bollard, which are then secured by certified longshore linespersons to safely secure the bulkhead.

The legislature also finds that, presently, it is not required for any out-of-state company to utilize trained local longshore linespersons to secure their operational vessel to the State's commercial docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State.

The legislature further finds that all stevedoring companies operating within the state harbor system are required to be certified and recertified to follow all health and safety guidelines. Stevedoring companies are crucial to the State's harbors infrastructure and stevedoring companies are well-versed in the uniqueness of each state harbor's challenges pertaining to the loading and landing of merchandise.

Therefore, the purpose of this Act is to require that the securing of mooring lines from vessels requiring tug assistance to commercial docks, wharves, piers, quays, and landings be performed by a stevedoring company.

SECTION 2. 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] that 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) Appoint and remove clerks, harbor agents and their assistants, and all such other employees as may be necessary, and to fix their compensation;

(6) Require that the securing of mooring lines from vessels requiring tug assistance to commercial docks, wharves, piers, quays, and landings be performed by a stevedoring company;

[(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.

As used in this subsection:

"Manifested cargo" means cargo, passengers, and crew of a vessel listed on a manifest or cargo document for the use of customs and other officials.

"Stevedoring company" means a company registered to do business in the State that is authorized to secure mooring lines from vessels to commercial docks, wharves, piers, quays, bulkheads, and landings and provides services in the loading and offloading of manifested cargo.

"Tug" means a boat used for towing larger vessels."

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

SECTION 4. This Act shall take effect on June 30, 3000.

Report Title:

Mooring Lines; Department of Transportation; Stevedoring Companies

Description:

Requires that the securing of mooring lines from vessels requiring tug assistance to commercial docks, wharves, piers, quays, and landings be performed by a stevedoring company. Defines "stevedoring company". Effective 6/30/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.