RELATING TO COMMERCIAL PORT ADMINISTRATION.

HB2332

HOUSE OF REPRESENTATIVES

H.B. NO.

2332

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL PORT ADMINISTRATION.

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

����
SECTION 1.
�
Section 26-15,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:

����
"(b)
�
The department shall manage and administer the
public lands of the State and minerals thereon and all water and coastal areas
of the State except the commercial [
harbor
]
port
areas of the
State, including the soil conservation function, the forests and forest
reserves, aquatic life, wildlife resources, state parks, including historic
sites, and all activities thereon and therein including, but not limited to,
boating, ocean recreation, and coastal areas programs."

����
SECTION 2.
�

Section 26-19, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:

����
"(a)
�
The department
of transportation shall be headed by a single executive to be known as the
director of transportation.
�
The
department shall establish, maintain, and operate transportation facilities of
the State, including highways, airports, [
harbors,
]
commercial ports,

and any other transportation facilities and activities as may be authorized by
law."

����
SECTION 3.
�

Section 28-2, Hawaii Revised Statutes, is amended to read as follows:

����
"
�28-2
�
Prosecutes
offenders, enforces bonds.

�
The
attorney general shall be vigilant and active in detecting offenders against
the laws of the State[
,
] and shall prosecute the same with diligence.
�
The attorney general shall also enforce all
bonds and other obligations in favor of the State that may be placed in the
attorney general's hands for that purpose, by any person having the lawful
custody of the papers; and the attorney general shall likewise be diligent in
prosecuting all persons who may obstruct any street, channel, harbor,
commercial
port,
wharf, or other highway, or any stream or public watercourse, or
commit any trespass, or waste on any portion of the public domain, or other
public property."

����
SECTION 4.
�

Section 36-29, Hawaii Revised Statutes, is amended to read as follows:

����
"
�36-29
�
Transfer from [
harbor
]
commercial
port
special
fund.

�
Any other law to the
contrary notwithstanding, there shall be deducted from time to time by the
director of finance for the purpose of defraying the prorated estimate of
central service expenses of government in relation to the [
harbor
]
commercial
port
special fund five per cent of all receipts and deposits in the [
harbor
]

commercial port
special fund after deducting therefrom any amounts
pledged, charged, or encumbered for the payment of bonds or interest thereon
during the current year, from which receipts or deposits no deduction of five
per cent has previously been made.
�
The
deductions shall be transferred to the general fund of the State and become
general realizations of the State.
�
For
the purposes of this section, the term "any amount pledged, charged, or
encumbered for the payment of bonds or interest thereon during the current
year" shall include:

����
(1)
�
Amounts
[
which
]
that
are so pledged, charged or encumbered;

����
(2)
�
Amounts
otherwise required to be applied to the payment of principal of and interest on
revenue bonds or other revenue obligations;

����
(3)
�
Amounts
required to be paid into a separate special fund for the payment of principal
of and interest on revenue bonds or other revenue obligations payable from the
second separate special fund; and

����
(4)
�
Amounts
required by law to be paid from the [
harbor
]
commercial port

special fund into the general fund of the State to reimburse the general fund
for bond requirements for general obligation bonds issued for harbor
or
commercial port
purposes.

The second
separate special fund maintained by deposits from the [
harbor
]
commercial
port
special fund shall not be deemed to be a special fund within the
meaning of section 36-27 or section 36-30.
�
The director of transportation shall cooperate
with the director of finance in effecting the transfer."

����
SECTION 5.
�

Section 37-53, Hawaii Revised Statutes, is amended to read as follows:

����
"
�37-53

�
Transfer
of special funds.
�
At any time during
a fiscal year, notwithstanding any other law to the contrary, any department
may, with the approval of the governor or the director of finance if so
delegated by the governor, transfer from any special fund relating to such
department to the general revenues of the State all or any portion of moneys
determined to be in excess of fiscal year requirements for such special fund,
except for special funds under the control of the department of transportation
relating to highways, airports, transportation use, and [
harbors
]
commercial
port
activities, special funds under the control of the Hawaii health
systems corporation or subaccounts under the control of its regional system
boards, and special funds of the University of Hawaii.
�
At any time
,
the department of
transportation, with the approval of the governor or the director of finance if
so delegated by the governor, may transfer from any special fund under the
control of the department of transportation, or from any account within any
such special fund, to the general revenues of the State or to any other special
fund under the control of the department of transportation all or any portion
of moneys determined to be in excess of requirements for the ensuing twelve
months determined as prescribed by rules adopted pursuant to chapter 91;
provided that no such transfer shall be made [
which
]
that
would
cause a violation of federal law or federal grant agreements."

����
SECTION 6.
�

Section 76-16, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"(b)

�
The civil service to which this chapter
applies shall comprise all positions in the State now existing or hereafter
established and embrace all personal services performed for the State, except
the following:

����
(1)
�
Commissioned
and enlisted personnel of the Hawaii National Guard and positions in the Hawaii
National Guard that are required by state or federal laws or regulations or
orders of the National Guard to be filled from those commissioned or enlisted
personnel;

����
(2)
�
Positions
filled by persons employed by contract where the director of human resources
development has certified that the service is special or unique or is essential
to the public interest and that, because of circumstances surrounding its
fulfillment, personnel to perform the service cannot be obtained through normal
civil service recruitment procedures.
�
Any contract may be for any period not
exceeding one year;

����
(3)
�
Positions
that must be filled without delay to comply with a court order or decree if the
director determines that recruitment through normal recruitment civil service
procedures would result in delay or noncompliance, such as the Felix-Cayetano
consent decree;

����
(4)
�
Positions
filled by the legislature or by either house or any committee thereof;

����
(5)
�
Employees
in the office of the governor and office of the lieutenant governor, and
household employees at Washington Place;

����
(6)
�
Positions
filled by popular vote;

����
(7)
�
Department
heads, officers, and members of any board, commission, or other state agency
whose appointments are made by the governor or are required by law to be
confirmed by the senate;

����
(8)
�
Judges,
referees, receivers, masters, jurors, notaries public, land court examiners,
court commissioners, and attorneys appointed by a state court for a special
temporary service;

����
(9)
�
One
bailiff for the chief justice of the supreme court who shall have the powers
and duties of a court officer and bailiff under section 606-14; one secretary
or clerk for each justice of the supreme court, each judge of the intermediate
appellate court, and each judge of the circuit court; one secretary for the
judicial council; one deputy administrative director of the courts; three law
clerks for the chief justice of the supreme court, two law clerks for each
associate justice of the supreme court and each judge of the intermediate
appellate court, one law clerk for each judge of the circuit court, two
additional law clerks for the civil administrative judge of the circuit court
of the first circuit, two additional law clerks for the criminal administrative
judge of the circuit court of the first circuit, one additional law clerk for
the senior judge of the family court of the first circuit, two additional law
clerks for the civil motions judge of the circuit court of the first circuit,
two additional law clerks for the criminal motions judge of the circuit court
of the first circuit, and two law clerks for the administrative judge of the
district court of the first circuit; and one private secretary for the
administrative director of the courts, the deputy administrative director of
the courts, each department head, each deputy or first assistant, and each
additional deputy, or assistant deputy, or assistant defined in paragraph (16);

���
(10)
�
First
deputy and deputy attorneys general, the administrative services manager of the
department of the attorney general, one secretary for the administrative
services manager, an administrator and any support staff for the criminal and
juvenile justice resources coordination functions, and law clerks;

���
(11)
�
(A)
�
Teachers,
principals, vice-principals, complex area superintendents, deputy and assistant
superintendents, other certificated personnel, and no more than twenty
noncertificated administrative, professional, and technical personnel not
engaged in instructional work;

���������
(B)
�
Effective
July 1, 2003, teaching assistants, educational assistants, bilingual or
bicultural school-home assistants, school psychologists, psychological
examiners, speech pathologists, athletic health care trainers, alternative
school work study assistants, alternative school educational or supportive
services specialists, alternative school project coordinators, and
communications aides in the department of education;

���������
(C)
�
The
special assistant to the state librarian and one secretary for the special
assistant to the state librarian; and

���������
(D)
�
Members
of the faculty of the university of Hawaii, including research workers,
extension agents, personnel engaged in instructional work, and administrative,
professional, and technical personnel of the university;

���
(12)
�
Employees
engaged in special, research, or demonstration projects approved by the
governor;

���
(13)
�
(A)
�
Positions
filled by inmates, patients of state institutions, and persons with severe
physical or mental disabilities participating in the work experience training
programs;

���������
(B)
�
Positions
filled with students in accordance with guidelines for established state
employment programs; and

���������
(C)
�
Positions
that provide work experience training or temporary public service employment
that are filled by persons entering the workforce or persons transitioning into
other careers under programs such as the federal Workforce Investment Act of
1998, as amended, or the Senior Community Service Employment Program of the
Employment and Training Administration of the United States Department of
Labor, or under other similar state programs;

���
(14)
�
A
custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

���
(15)
�
Positions
filled by persons employed on a fee, contract, or piecework basis, who may
lawfully perform their duties concurrently with their private business or
profession or other private employment and whose duties require only a portion
of their time, if it is impracticable to ascertain or anticipate the portion of
time to be devoted to the service of the State;

���
(16)
�
Positions
of first deputies or first assistants of each department head appointed under
or in the manner provided in section 6, article V, of the Hawaii State
Constitution; three additional deputies or assistants either in charge of the
highways, [
harbors,
]
commercial ports,
and airports divisions or
other functions within the department of transportation as may be assigned by
the director of transportation, with the approval of the governor; one
additional deputy in the department of human services either in charge of
welfare or other functions within the department as may be assigned by the
director of human services; four additional deputies in the department of
health, each in charge of one of the following:
�
behavioral health, environmental health,
hospitals, and health resources administration, including other functions
within the department as may be assigned by the director of health, with the
approval of the governor; two additional deputies in charge of the law
enforcement programs, administration, or other functions within the department
of law enforcement as may be assigned by the director of law enforcement, with
the approval of the governor; three additional deputies each in charge of the
correctional institutions, rehabilitation services and programs, and
administration or other functions within the department of corrections and
rehabilitation as may be assigned by the director of corrections and
rehabilitation, with the approval of the governor; two administrative
assistants to the state librarian; and an administrative assistant to the
superintendent of education;

���
(17)
�
Positions
specifically exempted from this part by any other law; provided that:

���������
(A)
�
Any
exemption created after July 1, 2014, shall expire three years after its
enactment unless affirmatively extended by an act of the legislature; and

���������
(B)
�
All
of the positions defined by paragraph (9) shall be included in the position
classification plan;

���
(18)
�
Positions
in the state foster grandparent program and positions for temporary employment
of senior citizens in occupations in which there is a severe personnel shortage
or in special projects;

���
(19)
�
Household
employees at the official residence of the president of the university of
Hawaii;

���
(20)
�
Employees
in the department of education engaged in the supervision of students during
meal periods in the distribution, collection, and counting of meal tickets, and
in the cleaning of classrooms after school hours on a less than half-time
basis;

���
(21)
�
Employees
hired under the tenant hire program of the Hawaii public housing authority;
provided that no more than twenty-six per cent of the authority's workforce in
any housing project maintained or operated by the authority shall be hired
under the tenant hire program;

���
(22)
�
Positions
of the federally funded expanded food and nutrition program of the university
of Hawaii that require the hiring of nutrition program assistants who live in
the areas they serve;

���
(23)
�
Positions
filled by persons with severe disabilities who are certified by the state
vocational rehabilitation office that they are able to perform safely the
duties of the positions;

���
(24)
�
The
sheriff;

���
(25)
�
A
gender and other fairness coordinator hired by the judiciary;

���
(26)
�
Positions
in the Hawaii National Guard youth and adult education programs;

���
(27)
�
In
the Hawaii state energy office in the department of business, economic
development, and tourism, all energy program managers, energy program
specialists, energy program assistants, and energy analysts;

���
(28)
�
Administrative
appeals hearing officers in the department of human services;

���
(29)
�
In
the Med-QUEST division of the department of human services, the division
administrator, finance officer, health care services branch administrator,
medical director, and clinical standards administrator;

���
(30)
�
In
the director's office of the department of human services, the enterprise
officer, information security and privacy compliance officer, security and
privacy compliance engineer, security and privacy compliance analyst,
information technology implementation manager, assistant information technology
implementation manager, resource manager, community or project development
director, policy director, special assistant to the director, and limited
English proficiency project manager or coordinator;

���
(31)
�
The
Alzheimer's disease and related dementia services coordinator in the executive
office on aging;

���
(32)
�
In
the Hawaii emergency management agency, the executive officer, public
information officer, civil defense administrative officer, branch chiefs, and
emergency operations center state warning point personnel; provided that for
state warning point personnel, the director shall determine that recruitment
through normal civil service recruitment procedures would result in delay or
noncompliance;

���
(33)
�
The
executive director and seven full-time administrative positions of the school
facilities authority;

���
(34)
�
Positions
in the Mauna Kea stewardship and oversight authority;

���
(35)
�
In
the office of homeland security of the department of law enforcement, the
statewide interoperable communications coordinator;

���
(36)
�
In
the social services division of the department of human services, the business
technology analyst;

���
(37)
�
The
executive director and staff of the 911 board;

���
(38)
�
The
software developer supervisor and senior software developers in the department
of taxation;

���
(39)
�
In
the department of law enforcement, five Commission on Accreditation for Law
Enforcement Agencies, Inc., coordinator positions;

���
(40)
�
The
state fire marshal and deputy state fire marshal in the office of the state
fire marshal;

���
(41)
�
The
administrator for the law enforcement standards board;

���
(42)
�
In
the office of the director of taxation, the data privacy officer and tax
business analysts; and

[
[
](43)[
]
]
All positions filled by the Hawaii tourism authority within the department of
business, economic development, and tourism.

����
The director shall determine the
applicability of this section to specific positions.

����
Nothing in this section shall be deemed to
affect the civil service status of any incumbent as it existed on July 1, 1955."

����
SECTION 7.
�

Section 102-14, Hawaii Revised Statutes, is amended by amending
subsection (g) to read as follows:

����
"(g)
�
This section shall not apply to the judiciary
history center facilities in the Ali`
iolani
Hale
building, University of Hawai`i system, public library system facilities,
department of education facilities, department of transportation airport and [
harbor
]

commercial port
restaurant and lounge facilities and operations, public
parks, and state and county facilities designed and intended for use as
facilities for entertainment and other public events."

����
SECTION 8.
�

Section 171-3, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:

����
"(a)
�
The department
of land and natural resources shall be headed by an executive board to be known
as the board of land and natural resources.
�
The department shall manage, administer, and
exercise control over public lands, the water resources, ocean waters,
navigable streams, coastal areas (excluding commercial [
harbor
]
port

areas), and minerals and all other interests therein and exercise such powers
of disposition thereof as may be authorized by law.
�
The department shall also manage and
administer the state parks, historical sites, forests, forest reserves, aquatic
life, aquatic life sanctuaries, public fishing areas, boating, ocean
recreation, coastal programs, wildlife, wildlife sanctuaries, game management
areas, public hunting areas, natural area reserves, and other functions
assigned by law."

����
SECTION 9.
�

Section 171-24, Hawaii Revised Statutes, is amended to read as follows:

����
"
�171-24
�
Land conveyances, preparation, signing,
record, copies.

�
Except for the
preparation and execution of leases and licenses and the issuance of revocable
permits and rights of entry by the department of transportation, in its harbor
,
commercial port,
and airport functions, all land patents, deeds, leases,
grants, or other conveyances of any public land or any interest therein, shall
be prepared by the department of land and natural resources.
�
The department of transportation shall, within
thirty days after the execution or issuance of such documents, file or record
as directed by the board of land and natural resources the original of the same
with the board.

����
Documents setting aside
lands for public purposes or withdrawing the same shall be signed by the
governor.
�
All other documents prepared
by the department of land and natural resources shall be signed by its
chairperson or any authorized employee.

����
The board shall keep a complete record of all such documents.
�
The record shall be open to public inspection
and the board shall furnish a certified copy, under its official seal, of any
document to any person applying therefor, upon payment of reasonable charges
set by the board for certified copies."

����
SECTION 10.
�

Section 188F-2, Hawaii Revised Statutes, is amended to read as follows:

����
"
�188F-2

�
West
Hawaii regional fishery management area; establishment.

�
The department of land and natural resources
shall establish the West Hawaii regional fishery management area

to
improve the management of consumptive and nonconsumptive uses of aquatic
resources encompassing the regional ocean area on the west coast of Hawaii
Island, from Ka

Lae, Kau (South Point) to Upolu Point, North Kohala, but
not including
the port of
Kawaihae [
commercial
]
and Kawaihae

harbor."

����
SECTION
11.
�
Section 200-10, Hawaii Revised
Statutes, is amended by amending subsection (c) to read as follows:

����
"
(c)
�
The permittee shall pay
moorage fees to the department for the use permit that shall be based on but
not limited to the use of the vessel, the vessel's effect on the harbor, use of
facilities, and the cost of administering the mooring program; provided that:

����
(1)
�
Except
for commercial maritime activities in which a tariff is established by the
department of transportation, moorage fees shall be established by appraisal by
a state-licensed appraiser approved by the department;

����
(2)
�
For
commercial maritime activities in which a tariff is established by the [
harbors
]

commercial ports
division of the department of transportation, the
department may adopt the published tariff of the [
harbors
]
commercial
ports
division of the department of transportation or establish the fee by
appraisal by a state-licensed appraiser approved by the department;

����
(3)
�
An
application fee shall be collected when applying for moorage in state small
boat harbors and shall thereafter be collected annually when the application is
renewed; provided that the application fee shall be set by the department;

����
(4)
�
If
a recreational vessel is used as a place of principal habitation, the permittee
shall pay, in lieu of the moorage fee required by paragraph (1), a monthly
liveaboard fee that shall be two times the moorage fee that would otherwise be
assessed for a vessel of the same size;

����
(5)
�
If
a vessel is used for commercial purposes from the vessel's permitted mooring,
the permittee shall pay, in lieu of the moorage fee required by paragraph (1),
a monthly fee that shall be the greater of:

���������
(A)
�
Three
per cent of the gross revenues derived from the use of the vessel;

���������
(B)
�
$1.50
per passenger carried for hire; or

���������
(C)
�
Two
times the moorage fee that would otherwise be assessed for a recreational
vessel of the same size;

����
(6)
�
The
department is authorized to assess and collect utility fees, including
electrical and water charges, and common-area maintenance fees in small boat
harbors; and

����
(7)
�
All
fees established by appraisal pursuant to this subsection shall be set at fair
market value."

����
SECTION 12.
�

Section 205A-48, Hawaii Revised Statutes, is amended to read as follows:

����
"
�205A-48

�
Conflict of other laws.
�
In case of a conflict between the
requirements of any other state law or county ordinance regarding shoreline
setback lines, the more restrictive requirements shall apply in furthering the
purposes of this part.
�
Nothing contained
in this part shall be construed to diminish the jurisdiction of the state
department of transportation over wharves, airports, docks, piers, or other
commercial [
harbors,
]
ports,
and any other maritime facilities
constructed by the State; provided that such plans are submitted for the review
and information of the officer of the respective agency charged with the
administration of the county zoning laws, and found not to conflict with any
county ordinances, zoning laws, and building codes."

����
SECTION 13.
�

Section 206J-4, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as follows:

����
"
(b)
�
The development corporation shall consist of a
board of directors having five voting members:
�
The director of business, economic
development, and tourism or the director's designee; the chairperson of the
board of land and natural resources or the chairperson's designee; the deputy
director of transportation, [
harbors
]
commercial ports
division;
one member to be appointed by the speaker of the house of representatives; and
one member to be appointed by the president of the senate.
�
The deputy director of transportation, [
harbors
]

commercial ports
division, shall serve as chairperson of the board."

����
SECTION 14.
�

Section 206J-5, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:

����
"
(a)
�
The development corporation shall have all the
powers necessary to carry out its purposes, including the following powers:

����
(1)
�
To
sue and be sued;

����
(2)
�
To
have a seal and alter the same at its pleasure;

����
(3)
�
To
make and execute contracts and all other instruments necessary or convenient
for the exercise of its powers and functions under this chapter;

����
(4)
�
To
make and alter bylaws for its organization and internal management;

����
(5)
�
To
adopt rules under chapter 91 necessary to effectuate this chapter in connection
with its projects, operations, properties, and facilities;

����
(6)
�
Through
its chief executive officer, to appoint officers, agents, and employees,
prescribe their duties and qualifications, and fix their salaries, consistent
with chapter 76; its chief executive officer may also appoint officers, agents,
and employees, prescribe their duties and qualifications, and fix their
salaries, without regard to chapter 76;

����
(7)
�
To
prepare or cause to be prepared a development plan for the Aloha Tower complex,
incorporating the needs of the department of transportation and accommodating
the plans, specifications, designs, or estimates of any project acceptable to
the development corporation;

����
(8)
�
To
own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed
property and to assign, exchange, transfer, convey, lease, sublease, or
encumber any project or improvement, including easements, constituting part of
a project within the Aloha Tower complex, except that required for necessary
maritime purposes, including leases or other agreements for the rehabilitation,
repair, maintenance, and operation of the Aloha Tower;

����
(9)
�
By
itself, or in conjunction with qualified persons, to develop, construct,
reconstruct, rehabilitate, improve, alter, or repair or provide for the
development, construction, reconstruction, rehabilitation, improvement,
alteration, or repair of any project, including projects or any portion thereof
under the control or jurisdiction of qualified persons; to own, hold, assign,
transfer, convey, exchange, lease, sublease, or encumber any project, including
projects or any portion thereof under the control or jurisdiction of qualified
persons;

���
(10)
�
Notwithstanding
any other provision of law to the contrary, to arrange or initiate appropriate
action for the planning, replanning, opening, grading, relocating, or closing
of streets, roads, roadways, alleys, easements, piers, or other places, the
furnishing of facilities, the acquisition of property or property rights, or
the furnishing of property, development rights, or services in connection with
a project;

���
(11)
�
To
grant options or renew any lease entered into by it in connection with any
project, on terms and conditions as it deems advisable;

���
(12)
�
To
prepare or cause to be prepared plans, specifications, designs, and estimates
of project cost for the development, construction, reconstruction,
rehabilitation, improvement, alteration, or repair of any project, and from
time to time to modify such plans, specifications, designs, or estimates;

���
(13)
�
To
provide advisory, consultative, training, and educational services, technical
assistance, and advice to any person, partnership, or corporation, either
public or private, in order to carry out the purposes of this chapter, and
engage the services of consultants on a contractual basis for rendering
professional and technical assistance and advice;

���
(14)
�
To
procure insurance against any loss in connection with its property and other
assets and operations in such amounts and from such insurers as it deems
desirable;

���
(15)
�
To
contract for and accept gifts or grants in any form from any public agency or
from any other source;

���
(16)
�
To
pledge or assign all or any part of the moneys, rents, charges, or other
revenues and any proceeds derived by the development corporation from proceeds
of insurance or condemnation awards, less guarantees to the [
harbor
]
commercial
port
special fund for the loss of revenues or incurrence of costs and
expenses because of any action taken by the development corporation; and

���
(17)
�
To
issue bonds of the development corporation for the purpose of providing funds
for any of its corporate purposes."

����
SECTION 15.
�

Section 206J-12, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:

����
"
(a)
�
The development corporation, with the approval
of the governor, may issue bonds in such amounts as authorized from time to
time by law and as deemed advisable for any of its corporate purposes.
�
The principal of, premium, if any, and
interest on such bonds shall be payable, subject to the prior payment to the [
harbor
]

commercial port
special fund for the loss of revenues or incurrence of
costs and expenses because of any action taken by the development corporation
or of any rent payable to the department of transportation for the lease of
properties within the Aloha Tower complex:

����
(1)
�
Exclusively
from the moneys derived from rates, rentals, fees, and charges of the project
financed with the proceeds of such bonds imposed under section 206J-5(b), or
from such moneys together with any grant from the government in aid of such
project; or

����
(2)
�
Exclusively
from the moneys derived from rates, rentals, fees, and charges of certain
designated projects imposed under section 206J-5(b), whether or not they are
financed in whole or in part with the proceeds of the bonds; or

����
(3)
�
From
the moneys derived from rates, rentals, fees, and charges imposed under section
206J-5(b), generally, and any other revenues derived by the development
corporation from whatever source.

����
All revenue bonds authorized by this
section shall be issued pursuant to part III of chapter 39, except as provided
in this chapter.
�
The bonds shall be
secured by a pledge of such moneys and may be additionally secured by a
mortgage of any project or other property of the development corporation to the
extent of its interest therein.
�
Neither
the board members nor any person executing the bonds shall be liable personally
on the bonds by reason of the issuance thereof."

����
SECTION 16.
�

Section 226-17, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as follows:

����
"(b)
�
To achieve the
transportation objectives, it shall be the policy of this State to:

����
(1)
�
Design,
program, and develop a multi-modal system in conformance with desired growth
and physical development as stated in this chapter;

����
(2)
�
Coordinate
state, county, federal, and private transportation activities and programs
toward the achievement of statewide objectives;

����
(3)
�
Encourage
a reasonable distribution of financial responsibilities for transportation
among participating governmental and private parties;

����
(4)
�
Provide
for improved accessibility to shipping, docking, and storage facilities;

����
(5)
�
Promote
a reasonable level and variety of mass transportation services that adequately
meet statewide and community needs;

����
(6)
�
Encourage
transportation systems that serve to accommodate present and future development
needs of communities;

����
(7)
�
Encourage
a variety of carriers to offer increased opportunities and advantages to
interisland movement of people and goods;

����
(8)
�
Increase
the capacities of airport and [
harbor
]
commercial port
systems
and support facilities to effectively accommodate transshipment and storage
needs;

����
(9)
�
Encourage
the development of transportation systems and programs [
which
]
that

would assist statewide economic growth and diversification;

���
(10)
�
Encourage
the design and development of transportation systems sensitive to the needs of
affected communities and the quality of Hawaii's natural environment;

���
(11)
�
Encourage
safe and convenient use of low-cost, energy-efficient, non-polluting means of
transportation;

���
(12)
�
Coordinate
intergovernmental land use and transportation planning activities to ensure the
timely delivery of supporting transportation infrastructure in order to
accommodate planned growth objectives; and

���
(13)
�
Encourage
diversification of transportation modes and infrastructure to promote alternate
fuels and energy efficiency."

����
SECTION 17.
�

Section 237-6, Hawaii Revised Statutes, is amended to read as follows:

����
"
�237-6
�
"Contractor",
"contracting", "federal cost-plus contractor", defined.

�
"Contracting" means the
business activities of a contractor.

����
"Contractor"
includes, for purposes of this chapter:

����
(1)
�
Every
person engaging in the business of contracting to erect, construct, repair, or
improve buildings or structures, of any kind or description, including any
portion thereof, or to make any installation therein, or to make, construct,
repair, or improve any highway, road, street, sidewalk, ditch, excavation,
fill, bridge, shaft, well, culvert, sewer, water system, drainage system,
dredging or harbor improvement project,
commercial port improvement project,

electric or steam rail, lighting or power system, transmission line, tower,
dock, wharf, or other improvements;

����
(2)
�
Every
person engaging in the practice of architecture, professional engineering, land
surveying, and landscape architecture, as defined in section 464-1; and

����
(3)
�
Every
person engaged in the practice of pest control or fumigation as a pest control
operator as defined in section 460J-1.

����
"Federal cost-plus contractor"
means a contractor having a contract with the United States or an
instrumentality thereof, excluding national banks, where, by the terms of the
contract, the United States or such instrumentality, excluding national banks,
agrees to reimburse the contractor for the cost of material, plant, or
equipment used in the performance of the contract and for taxes which the
contractor may be required to pay with respect to such material, plant, or
equipment, whether the contractor's profit is computed in the form of a fixed
fee or on a percentage basis; and also means a subcontractor under such a
contract, who also operates on a cost-plus basis."

����
SECTION 18.
�

Chapter 266, Hawaii Revised Statutes, is amended by amending its title
to read as follows:

"
CHAPTER 266

[
HARBORS
]
COMMERCIAL PORTS
"

����
SECTION 19.
�

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

����
"
�266-1
�
Department of transportation; [
harbors;
]

commercial ports;
jurisdiction.

�
(a)
�

All commercial
ports,
harbors
,
and roadsteads, and all
commercial
ports,
harbors
,
and
other
waterfront
improvements belonging to or controlled by the State, and all vessels and
shipping within the commercial
ports,
harbors
,
and roadsteads
shall be under the care and control of the department [
of transportation
].

����
(b)
�
For the
purpose of this chapter[
, "commercial harbors"
]
:

����
"Anchorage ground" has the same meaning as in title
33 Code of Federal Regulations section 110.235(a).

����
"Cargo" means the load, freight, or burden of a
vessel exclusive of the vessel's stores, passengers, fuel, and ballast.

����
"Commercial port
" means [
a harbor or
off-shore mooring facility which
]
an anchorage ground or a marine
terminal facility that
is primarily for the movement of [
commercial
]
cargo, passenger and fishing vessels entering, leaving, or traveling within the
State, and facilities and supporting services for loading, off-loading, and
handling of cargo, passengers, and vessels.

����
"Department" means the department of
transportation.

����
"Harbor" refers to the following areas of water
that provide a natural or artificial haven for vessels and that fall under the
jurisdiction of the department of transportation:

����
(1)
�
Port
Allen harbor;

����
(2)
�
Nāwiliwili harbor;

����
(3)
�
Kalaeloa
Barbers Point harbor;

����
(4)
�
Honolulu
harbor;

����
(5)
�
Kaunakakai
harbor;

����
(6)
�
Kaumalapau
harbor;

����
(7)
�
Kahului
harbor;

����
(8)
�
Hāna
harbor;

����
(9)
�
Kawaihae harbor; and

���
(10)
�
Hilo harbor
.

"Harbor"
does not include any small boat harbor or any harbor that is not under the
jurisdiction of the department of transportation.

����
"Passenger" means every
individual on board a vessel other than the master and members of the crew or
other individuals employed in the commercial business of that vessel.

����
"Vessel" means every
description of watercraft used or capable of being used as a means of
transportation on water, including power boats, ships, tugs, cruise boats,
small craft, smaller commercial vessels, sailing vessels, barges, scows, lighters,
ferry boats, pleasure craft, floating equipment, house boats, floating gear,
and any and all other watercraft."

����
SECTION 20.
�

Section 266-1.5, Hawaii Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-1.5
[
]
]

Port of
Honolulu [
harbor
] Piers 1 and 2; jurisdiction.

�
Any law to the contrary notwithstanding, the
department [
of transportation
] shall have jurisdiction and
administrative authority over
the port of
Honolulu [
harbor
] Piers
1 and 2 and the contiguous backup fast lands currently used for manifested
cargo and passenger operations.
�
This
area is defined as all of lot 3 and parcels A and B of the Forrest Avenue
subdivision, as shown on the map filed with the bureau of conveyances of the
State of Hawaii, as file plan 2335, and lot A-2, as shown on map 2, filed in
the office of the assistant registrar of the land court of the State of Hawaii
with land court application 1328; provided that all existing easements
affecting and appurtenant to the parcels to be deleted from the Kakaako community
development district boundaries shall not be affected by this change."

����
SECTION 21.
�

Section 266-1.6, Hawaii Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-1.6
[
]

�
Hana
]
Hāna
harbor; jurisdiction.

�
Notwithstanding any law to the contrary, the
department [
of transportation
] shall have jurisdiction and
administrative authority over [
Hana
]
Hāna
harbor, excluding its small boat ramp
facility.
�
The [
Hana
]
Hāna
harbor small boat
ramp facility shall remain under the jurisdiction and administrative authority
of the department of land and natural resources."

����
SECTION 22.
�

Section 266-2, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-2
�
Powers and duties of department.
�
(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,
]
ports,
commercial [
harbor
]

port, harbor,
and
other
waterfront improvements, [
ports,
]
harbors,
roadsteads,
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
]
commercial port
agents and their
assistants, and all such other employees as may be necessary, and to fix their
compensation;

����
(6)
�
Adopt
rules pursuant to chapter 91 and not inconsistent with law; and

����
(7)
�
Generally
have all powers necessary to fully carry out this chapter.

����
(b)
�
Notwithstanding any law or provision to the
contrary, the department [
of transportation is authorized to
]
may

plan, construct, operate, and maintain any commercial [
harbor facility
]
port

in the State, including, but not limited to, the acquisition and use of lands
necessary to stockpile dredged spoils, without the approval of county agencies.

����
All moneys appropriated for commercial
port,

harbor
, or other waterfront
improvements, including new construction,
reconstruction, repairs, salaries, and operating expenses, shall be expended
under the supervision and control of the department, subject to this chapter
and chapter 103D.

����
All contracts and agreements authorized by
law to be entered into by the department shall be executed on its behalf by the
director of transportation.

����
(c)
�
The department shall prepare and submit
annually to the governor a report of its official acts during the preceding
fiscal year, together with its recommendations as to commercial
port,

harbor
, or other waterfront
improvements throughout the State."

����
SECTION 23.
�

Section 266-2.2, Hawaii Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-2.2
[
]
]

�
Exemption from conservation district
permitting and site plan approval requirements
.
�
Notwithstanding any law to the contrary, all
work involving submerged lands used for [
state
] commercial [
harbor
]

port
purposes shall be exempt from any permitting and site plan approval
requirements established for lands in a conservation district."

����
SECTION 24.
�

Section 266-2.5, Hawaii Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-2.5
[
]
]

�
Outdoor lighting
.

�
To the extent that it is practical and not in
conflict with any safety regulation or federal law, regulation, or mandate, if
any [
harbor
]
commercial port
rule or standard relating to outdoor
lighting at any [
harbor facility
]
commercial port
conflicts with
any county ordinance or other rule regarding outdoor lighting, the more
stringent requirement or standard shall govern all new installations of outdoor
lighting."

����
SECTION 25.
�

Section 266-3, Hawaii Revised Statutes, is amended by amending
subsections (a) and (b) to read as follows:

����
"
�266-3
�
Rules.

�
(a)
�
The
director of transportation may adopt rules as necessary:

����
(1)
�
To
regulate the manner in which all vessels may enter and moor, anchor, or dock in
the commercial
ports,
harbors, [
ports,
] and roadsteads of the
State, or move from one dock, wharf, pier, quay, bulkhead, landing, anchorage,
or mooring to another within the commercial
ports,
harbors, [
ports,
]
and roadsteads;

����
(2)
�
For
the examination, guidance, and control of harbor masters and their assistants
and their conduct while on duty;

����
(3)
�
For
the embarking or disembarking of passengers;

����
(4)
�
For
the expeditious and careful handling of freight, goods, wares, and merchandise
of every kind that may be delivered for shipment or discharged on the
commercial docks, wharves, piers, quays, bulkheads, or landings belonging to or
controlled by the State; and

����
(5)
�
To
define the duties and powers of carriers, shippers, and consignees respecting
passengers, freight, goods, wares, and merchandise in and upon the docks,
wharves, piers, quays, bulkheads, or landings within the commercial
ports,

harbors, [
ports,
] and roadsteads of the State.
�
The director may also make further rules for
the safety of the docks, wharves, piers, quays, bulkheads, and landings on, in,
near, or affecting a commercial [
harbor
]
port, harbor,
and
other

waterfront improvements belonging to or controlled by the State.

����
(b)
�
The director may also adopt, amend, and repeal
such rules as are necessary:

����
(1)
�
For
the proper regulation and control of all shipping, traffic, and other related
activities in the commercial
ports,
harbors
, or roadsteads

belonging to or controlled by the State; of the entry, departure, mooring, and
berthing of vessels therein; and of all other matters and things connected with
such activities;

����
(2)
�
To
establish safety measures and security requirements in or about the commercial
[
harbors,
]
ports,
land, and facilities belonging to or controlled
by the State;

����
(3)
�
To
prevent the discharge or throwing into commercial
ports,
harbors
, or
roadsteads
of rubbish, refuse, garbage, or other substances likely to
affect water quality or that contribute to making [
such
]
commercial
ports,
harbors
, or roadsteads
unsightly, unhealthful, or unclean, or
that are liable to fill up shoal or shallow waters in, near, or affecting the
commercial
ports,
harbors[
;
]
, or roadsteads;
and

����
(4)
�
To
prevent the escape of fuel or other oils or substances into the waters in,
near, or affecting commercial
ports,
harbors
, or roadsteads
from
any source point, including, but not limited to, any vessel or pipes or storage
tanks upon the land."

����
SECTION 26.
�
Section 266-4, Hawaii Revised Statutes,
is
amended to read as follows:

����
"
�266-4
�
Limitation of powers.

�
The jurisdiction and powers conferred on the
department [
of transportation
] are subject to such restrictions as may
be imposed by the statutes of the State[
,
] and shall be exercised in
accordance with the provisions thereof."

����
SECTION 27.
�
Section
266-4.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
[
[
]
�266-4.5

�
Disposition of public land; reservation
of right of way.
[
]
]
�
Whenever any disposition of public land is
made by the department [
of transportation
], under its powers relating to
public lands under its jurisdiction, to any persons, organizations,
associations, corporations or clubs for recreational or social purposes, such
leases, licenses, permits or right-of-entry, or any extensions thereof, covering
the disposition of public lands shall contain provisions reserving adequate
public right of way or public access to adjacent public areas over and across
the public land disposed."

����
SECTION 28.
�
Section
266-6, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-6
�
Expenditures.

�
Expenditures by the department [
of
transportation
] shall be made upon vouchers signed by the director of
transportation; provided that the director, may, in writing, designate a
qualified subordinate to sign vouchers, make routine reports, and perform other
routine business duties, subject to the direction of the director, for whose
acts the director shall be responsible.

����
The department may cause work to be performed by day labor or by
contract or by any other method deemed by the department to be most
advantageous to the State."

����
SECTION 29.
�
Section
266-7, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-7
�
Department;
duties.

�
The department [
of transportation
]
shall 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
commercial

ports of the State[
,
] and shall account for the same to the State as
hereinafter provided.
�
The department
shall keep a full and complete record of the official acts of the department."

����
SECTION 30.
�
Section
266-13, Hawaii Revised Statutes, is amended by amending subsections (a) and (b)
to read as follows:

����
"(a)
�
All watercraft:

����
(1)
�
Lying
idle alongside any wharf, pier, bulkhead, quay, or landing belonging to or
controlled by the State; or

����
(2)
�
Discharging
or receiving freight or passengers on or from any wharf, pier, bulkhead, quay,
or landing belonging to or controlled by the State, while made fast or lying
alongside of the wharf, pier, bulkhead, quay, or landing;

shall pay
to the department [
of transportation
] such rates of dockage as shall be
fixed by the department.

����
(b)
�
All watercraft that receive or discharge
freight or passengers:

����
(1)
�
From
or upon any wharf, pier, bulkhead, quay, or landing, by means of boats,
lighters, or otherwise, while lying at anchor or under steam in any bay,
harbor,
commercial port,
or roadstead[
;
]
belonging to or
controlled by the State;
or

����
(2)
�
While
lying in any slip or dock belonging to or controlled by the State, but not made
fast to or lying alongside any wharf, pier, bulkhead, quay, or landing;

shall pay
to
the department
such rates of dockage as shall be fixed by the department."

����
SECTION 31.
�
Section
266-14, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-14
�
Demurrage, lien, foreclosure.

�
When any freight has remained upon any wharf,
pier, bulkhead, quay, or landing for more than twenty-four hours, the
department [
of transportation
], in its discretion, may make demurrage
charges for each subsequent day or part thereof that in its opinion are just
and equitable.

����
The amount payable by any shipper or consignee for demurrage or
other charges in respect of any freight shall be a lien on the freight, and the
department may take and hold possession of any freight to secure the payment of
the amount, and for the purpose of the lien, shall be deemed to have possession
of the freight until the amount has been paid.
�
If the charges due on freight are not paid
within thirty days after being landed, the department may sell the freight at
public auction and out of the proceeds retain the charges accrued, including
the costs of public notice and sale, which latter shall be prorated upon the
articles or lots sold in proportion to the amount received for each article or
lot.
�
Before any sale is made, the
department shall give public notice of the time and place of sale at least once
each week for three successive weeks in the county in which the place is
located to which the freight is consigned or addressed[
,
] or by posting
this notice at the courthouses of the district in which the place is located to
which the freight is consigned or addressed.
�
The notice shall contain a description of the
property as near as may be, the name of the owner or consignee if known,
and

the amount of charges due thereon, together with the time and place of sale.
�
Any freight in its nature perishable may be
sold by the department either at public or private sale as soon as its
condition makes a sale necessary.

����
The surplus, if any, received from the sale, after paying any
accrued freight charges on the freight, shall be paid to the owner or
consignee, if known, and if not known, shall be deposited in the state treasury
as a special fund.
�
The fund shall
consist of the surplus received from sales made under this section.
�
At any time within one year thereafter, upon
written demand and proof of identity satisfactory to the director, the director
of finance shall pay the owner thereof the surplus.
�
If this surplus is not claimed by the owner
within one year after the date of sale
,
it shall thereupon escheat to
the State[
,
] and be transferred to the general fund of the State."

����
SECTION 32.
�
Section
266-17, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-17
�
Rates, how fixed.

�
(a)
�
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,
commercial ports,
wharves,
and properties managed and operated by it so as to produce from the rates and
fees, in respect to all harbors,
commercial ports,
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
]
that
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
]
that
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
]
that
are or have been issued for harbor or [
wharf
]

commercial port
improvements, or to refund any of the improvement bonds,
excluding bonds, the proceeds of which were or are to be expended for
improvements [
which
]
that
are or will be neither revenue
producing nor connected in their use directly with revenue producing
properties.

����
(b)
�
When weather, road closures due to special
events, or road repairs do not permit the loading or unloading of passengers at
Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the
State shall be allowed to use
the port of
Honolulu [
Harbor
]
facilities on a space available basis, and the fees for the use of facilities
shall be in accordance with the [
Hawaii administrative
] rules of the
department [
of transportation
] relating to fees for use of facilities
for private gain."

����
SECTION 33.
�
Section 266-19, Hawaii
Revised Statutes, is amended by amending its title and subsections (a) and (b) to
read as follows:

����
"
�266-19
�
Creation of [
harbor
]
commercial port

special fund; disposition of [
harbor
]
commercial port
special
fund.

�
(a)
�
There is created in the treasury of the State
the [
harbor
]
commercial port
special fund.
�
All moneys received by the department [
of
transportation
] from the rates, fees, fines, and administrative penalties
pursuant to sections 266-17(a)(1), 266-25, 266-28, and 266-30 shall be paid
into the [
harbor
]
commercial port
special fund.
�
The [
harbor
]
commercial port

special fund and the second separate [
harbor
]
commercial port

special fund heretofore created shall be consolidated into the [
harbor
]
commercial
port
special fund at such time as there are no longer any revenue bonds
payable from the second separate [
harbor
]
commercial port
special
fund.
�
The harbor reserve fund heretofore
created is abolished.

����
All moneys derived pursuant to this chapter
from harbor
or commercial port
properties of the [
statewide system of
harbors
]
commercial ports system of the State
shall be paid into the
[
harbor
]
commercial port
special fund
and
each fiscal year shall be appropriated, applied, or expended by the department [
of
transportation
] for the [
statewide system of harbors
]
commercial
ports system of the State
for any purpose within the jurisdiction, powers,
duties, and functions of the department [
of transportation
] related to
the
[
statewide system of harbors,
]
commercial
ports system of the State
,
including, without limitation, the
costs of operation, maintenance, and repair of the [
statewide system of
harbors
]
commercial ports system of the State
and reserves therefor,
and acquisitions (including real property and interests therein),
constructions, additions, expansions, improvements, renewals, replacements, reconstruction,
engineering, investigation, and planning, for the [
statewide system of
harbors,
]
commercial ports system of the State,
all or any of which
in the judgment of the department [
of transportation
] are necessary to
the performance of its duties or functions.

����
(b)
�
At any time the director of transportation may
transfer from the [
harbor
]
commercial port
special fund created
by subsection (a) all or any portion of available moneys on deposit in the [
harbor
]

commercial port
special fund that is determined by the director of
transportation to be in excess of one hundred fifty per cent of the
requirements for the ensuing twelve months for the [
harbor
]
commercial
port
special fund, as permitted by and in accordance with section 37-53.
�
For purposes of this determination, the
director of transportation shall take into consideration the amount of federal
funds and bond funds on deposit in, and budgeted to be expended from, the [
harbor
]

commercial port
special fund during the ensuing twelve months; amounts
on deposit in the [
harbor
]
commercial port
special fund that are
encumbered or otherwise obligated; budgeted amounts payable from the [
harbor
]

commercial port
special fund during the ensuing twelve months; revenues
anticipated to be received by and expenditures to be made from the [
harbor
]

commercial port
special fund during the ensuing twelve months based on
existing agreements and other information for that period; and any other
factors as the director of transportation shall deem appropriate."

����
SECTION 34.
�
Section 266-19.5, Hawaii
Revised Statutes, is amended as follows:

����
1.
�
By amending its title
and subsection (a) to read:

����
"
�266-19.5
�
Private financing of harbor
or commercial
port
improvements.

�
(a)
�
Notwithstanding any law to the contrary, the
department [
of transportation
] may enter into a capital advancement
contract with a private party for any public improvement to or construction of
a [
state
] harbor, commercial [
harbor,
]
port,
roadstead, or
other waterfront improvement belonging to or controlled by the State, if the
director of transportation determines that a capital advancement contract
promotes the best interest of the State by finding that:

����
(1)
�
Private
development is likely to be less costly than any other type of contract;

����
(2)
�
Private
development provides needed public improvements on a significantly more timely
basis; or

����
(3)
�
Public
financing for the public improvements is not available on a timely basis."

����
2.
�
By amending subsections (c) to (e) to read:

����
"(c)
�
A capital advancement contract under
subsection (a) shall be subject to the requirements of chapters 103 and 103D
and be subject to the approval of the department [
of transportation
];
provided that all related transactions shall be subject to state audit.

����
(d)
�
The department [
of transportation
] may
execute capital advancement contracts pursuant to subsection (a) with a total
contract value of $5,000,000 or less without legislative approval.
�
If the total value of a capital advancement
contract pursuant to subsection (a) is greater than $5,000,000 then the
department [
of transportation
] shall obtain legislative approval in the
form of the adoption of a concurrent resolution affirming the purpose, project,
and contract issuance before executing the capital advancement contract.
�
The total aggregate value of all capital
advancement contracts entered into by the department pursuant to this section
shall not exceed $30,000,000 in any fiscal year.
�
The department shall submit a report to the
legislature of all executed capital advancement contracts for the previous
twelve-month period from July 1 to June 30 no later than twenty days prior to
the convening of each regular session.

����
(e)
�
For the purposes of this section:

����
"Capital
advancement contract" means an agreement between the department [
of
transportation
] and a private party whereby the private party agrees to
furnish capital, labor, or materials for a public improvement to or
construction of a [
state
] harbor, commercial [
harbor,
]
port,

roadstead, or other waterfront improvement belonging to or controlled by the
State and in return for which the private party may be reimbursed in a manner
to be determined by the department.

����
"Total value"
includes any contract extension, project redesign, add-ons, or any other
occurrence, act, or material cost that may increase the cost of the contracted
project."

����
SECTION 35.
�
Section 266-21.4, Hawaii
Revised Statutes, is amended by amending subsection (a) to read as follows:

����
"(a)
�
The department shall:

����
(1)
�
Develop
a list of minimum requirements for the marine inspection of vessels seeking
permits to moor in state commercial [
harbors;
]
ports;

����
(2)
�
Approve
qualified marine surveyors to inspect vessels seeking permits to moor in state
commercial [
harbors;
]
ports;
and

����
(3)
�
Approve
a fee schedule for marine surveyors' inspections."

����
SECTION 36.
�
Section 266-21.5, Hawaii
Revised Statutes, is amended by amending subsection (a) to read as follows:

����
"
(a)
�
The
department
[
of transportation
]
shall provide space at commercial
[
harbors
]

ports
for biosecurity and
inspection facilities and to facilitate the safe and efficient movement of
maritime cargo through the commercial
[
harbors.
]
ports
.
"

����
SECTION 37.
�
Section 266-23, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266-23
�
Acceptance of gifts.

�
The director of transportation may, with the
approval of the governor, accept and receive gifts of personal property, which
gifts shall be used for harbor
or commercial port
purposes; provided
that moneys received by the director, pursuant to the authority granted herein,
shall be deposited into an appropriate fund or account before being used for
harbor
or commercial port
purposes."

����
SECTION 38.
�
Section 266-24, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266-24
�
Enforcement.

�
(a)
�
Every state and county officer charged with
the enforcement of any law, statute, rule, regulation, ordinance, or order,
shall enforce and assist in the enforcement of this chapter and of all rules
and orders issued pursuant thereto, and in carrying out the responsibilities
hereunder, each shall be specifically authorized to:

����
(1)
�
Conduct any enforcement action hereunder in
any commercial [
harbor
]
port
area and any area over which the
department [
of transportation
] and the director of transportation has
jurisdiction under this chapter;

����
(2)
�
Inspect and examine at reasonable hours any
premises, and the buildings and other structures thereon, where [
harbors or
harbor facilities are
]
a harbor or commercial port is
situated, or
where harbor-related
or commercial port-related
activities are operated
or conducted; and

����
(3)
�
Serve notices and orders.

����
(b)
�
The department [
of transportation
], in
the name of the State, may enforce this chapter and the rules and orders issued
pursuant thereto by injunction or other legal process in the courts of the
State."

����
SECTION 39.
�
Section 266-24.1, Hawaii
Revised Statutes, is amended by amending subsection (e) to read as follows:

����
"
(e)
�
When a complaint is made to any prosecuting
officer of the violation of any provision of this part, including any rule
adopted thereunder, the enforcement officer who issued the summons or citation
shall subscribe to it under oath administered by another official of the
department [
of transportation
] whose name has been submitted to the
prosecuting officer and who has been designated by the director of
transportation to administer the oath."

����
SECTION 40.
�
Section 266-24.2, Hawaii
Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-24.2
[
]
]

�
Vessels or property taken into legal
custody; unauthorized control.

�
No
person shall exercise control over a vessel or other property that is under
legal custody, seizure, or detention by the department [
of transportation
],
with intent to defeat the custody, seizure, or detention, or impede, oppose, or
defeat the process whereby the vessel or other property is under custody,
seizure, or detention."

����
SECTION 41.
�
Section 266-25, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266-25
�
Violation of rules;
penalty.

�
(a)
�
In addition to the reimbursement of fines and
costs as provided in section 266-28, any person who violates any rule made,
adopted, and published by the department [
of transportation
] as herein
provided, or who violates any lawful command of any harbor master, [
harbor
]

commercial port
agent, facility security officer, or [
harbor
]
commercial
port
district manager, while in the discharge of the person's duty, or who
violates this chapter, except as provided in subsections (b) and (c), shall be
fined not more than $1,000 or less than $50 for each violation, and any vessel,
the agents, owner, or crew of which violate the rules of the department or this
part, shall be fined not more than $1,000 or less than $50 for each violation;
provided that in addition to or as a condition to the suspension of the fines
and penalties, a court, the department, or an administrative hearings officer
may deprive the offender of the privilege of entering the secured area of the
port or obtaining an operating or mooring permit for any vessel in state waters
for a period of not more [
[
]than[
]
] one year; provided further
that the offender, at the resumption of the privilege of operating or mooring a
vessel in state waters, shall assume the last position on any waiting list.

����
(b)
�
Any person who violates any rule adopted by
the department [
of transportation
] under this part regulating vehicular
parking or traffic movement shall have committed a traffic infraction as set
forth in chapter 291D, the adjudication of which shall be subject to the
provisions contained therein.
�
A person
found to have committed such a traffic infraction shall be fined not more than:

����
(1)
�
$100 for a first violation;

����
(2)
�
$200 for a second violation; and

����
(3)
�
$500 for a third or subsequent violation.

����
(c)
�
Any person who violates any rule adopted by
the department [
of transportation
] relating to unauthorized discharge,
dumping, or abandoning any petroleum product, hazardous material, or sewage in
any [
state
] harbor [
facility
]
, commercial port,
or state
waters in violation of the state water quality standards established by the
department of health, shall be fined not more than $10,000 for each day of
violation, and any vessel, the agents, owner, or crew of which violate the
rules of the department of transportation or this chapter, shall be fined not
more than $10,000 for each day of violation; provided that in addition to or as
a condition to the suspension of the fines and penalties, the court,
department, or administrative [
[
]hearings[
]
] officer may deprive
the offender of the privilege of entering the secured area of the port or
obtaining an operating or mooring permit for any vessel in state waters for a
period of not more than one year; provided further that the offender, at the
resumption of the privilege of operating or mooring a vessel in state waters,
shall assume the last position on any waiting list."

����
SECTION 42.
�
Section 266-27, Hawaii
Revised Statutes, is amended as follows:

����
1.
�
By amending its title
and subsection (a) to read:

����
"
�266-27
�
Mooring of
unauthorized vessel in [
state

harbors;
]
commercial ports;

impoundment and disposal proceedings.

�
(a)
�
No
person shall moor a vessel in a [
state
] commercial [
harbor
] port
without obtaining a use permit; nor shall a person continue to moor a vessel in
any [
state
] commercial [
harbor
]
port
if the use permit
authorizing the vessel to moor has expired or otherwise been terminated.
�
A vessel moored without a use permit or with a
use permit that has expired or been terminated is an unauthorized vessel and [
is
]

shall be
subject to subsections (b) to (e)."

����
2.
�
By amending subsection (c) to read:

����
"(c)
�
An unauthorized vessel may be impounded by the
department at the sole cost and risk of the owner of the vessel, if such a
vessel is not removed after the seventy-two-hour period or if during said
period the vessel is removed and re-moored in said [
harbor
]
commercial
port
or any other state commercial [
harbor
]
port
without a
use permit."

����
SECTION 43.
�
Section 266-28, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266-28
�
Fines arising from
environmental protection and maritime transportation security violations.

�
Notwithstanding any other law to the contrary,
any commercial [
harbor
]
port
tenant or user, including any
shipper or shipping agent, who violates any federal, state, or county law or
rule relating to environmental protection or maritime transportation security
pursuant to title 33 Code of Federal Regulations chapter 1 and thereby causes a
fine to be levied by the United States Coast Guard upon the department, shall
reimburse the department for the entire amount of the fine.
�
The department may take [
such
]
the

actions necessary to collect and deposit any amount reimbursable under this
section into the [
harbor
]
commercial port
special fund[
,
]
and may also demand reimbursement for costs or expenses incurred by the
department resulting from enforcement of this section."

����
SECTION 44.
�
Section 266-29, Hawaii
Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-29
[
]
]

�
State [
harbors
]
commercial
ports
civil violations system; authorization.

�
(a)
�
There is established, within the department [
of
transportation
], a [
state harbors
]
commercial ports
civil
violations system, [
whose
]
which
purpose shall be to process
violations of departmental regulations for which administrative penalties have
been authorized by law or rules adopted thereunder.

����
(b)
�
The department [
of transportation
]
shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes
of this section.

����
(c)
�
Rules adopted pursuant to subsection (b) may
include, but are not limited to, the following:

����
(1)
�
Requirements for notice of [
state harbors
]

commercial ports
infraction;

����
(2)
�
A form of the answer that shall be made
pursuant to a notice of [
state harbors
]
commercial ports

infraction, which answer may be an admission of the infraction, a denial of the
infraction, or an admission of the infraction with mitigating circumstances;

����
(3)
�
The action to be taken after an answer is
received or when a person fails to answer the notice of [
state harbors
]
commercial
ports
infraction;

����
(4)
�
Procedures for administrative hearings under
this section;

����
(5)
�
The imposition and enforcement of monetary
assessments made pursuant to this section; and

����
(6)
�
Means of assuring that the alleged violator
who answers the notice of [
state harbors
]
commercial ports

infraction by an admission of the infraction or an admission of the infraction
with mitigating circumstances has knowingly and voluntarily elected to use the [
state
harbors
]
commercial ports
civil violations system and waive the
appeal provided for in section 91-14.

����
(d)
�
Notwithstanding any other provision of law to
the contrary, all [
state harbors
]
commercial ports
infractions
that the department [
of transportation
] identifies as subject to
administrative penalties may be adjudicated pursuant to this section."

����
SECTION 45.
�
Section 266-30, Hawaii
Revised Statutes, is amended by amending subsection (a) to read as follows:

����
"(a)
�
Except as otherwise provided by law, the
department [
of transportation
] may set, charge, and collect
administrative fines or bring legal action to recover administrative fees and
costs as documented by receipts or affidavit, including attorneys' fees and
costs; or bring legal action to recover administrative fines, fees, and costs,
including attorneys' fees and costs, or payment for damages resulting from a
violation of this chapter or any rule adopted pursuant to this chapter.
�
The administrative fines shall not exceed
$10,000 for each day of violation."

����
SECTION 46.
�
Section 266-31, Hawaii
Revised Statutes, is amended to read as follows:

����
"[
[
]
�266-31
[
]
]

�
Restriction of use of facilities.

�
The department [
of transportation
] may
delay or deny approval for port entry or departure for any vessel for which the
department has received notice from a federal agency or other agency that the
vessel or its crew has engaged in activity that has violated any federal,
state, or county law or rule pertaining to environmental protection, maritime
transportation, trafficking of illegal contraband, or the collection or
extraction of undersea minerals unlicensed or unpermitted by the State;
provided that the department may grant approvals for use of any commercial [
harbor
facility
]
port
by that vessel in coordination with the federal
agency or other agency."

����
SECTION 47.
�
Section 266-53, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266
-
53
�
Findings and
determination for special facility leases.

�
The department shall not enter into any
special facility lease unless the department shall first find and determine
that:

����
(1)
�
The special facility [
which
]
that

is to be the subject of [
such
]
the
special facility lease will
not be used to provide services, commodities, supplies, or facilities [
which
]

that
are then adequately being made available through the [
harbors
]

commercial ports
system of the State;

����
(2)
�
The use or occupancy of the special facility
under [
such
]
the
special facility lease would not result in the
reduction of the revenues derived from the [
harbors
]
commercial ports

system
of the State
to an amount below the amount required to be derived
therefrom by section 39-61; and

����
(3)
�
The entering into of [
such
]
the

special facility lease would not be in violation of or result in a breach of
any covenant contained in any resolution or certificate authorizing any bonds
of the State and the department then outstanding."

����
SECTION 48.
�
Section 266-54, Hawaii
Revised Statutes, is amended by amending subsection (b) to read as follows:

����
"
(b)
�
Any moneys derived by the department pursuant
to subsection (a)(1) shall be deemed revenues of the special facility.
�
Any moneys received by the department pursuant
to subsection (a)(2) and (3) shall be paid into the [
harbor
]
commercial
port
special fund and shall not be nor be deemed to be revenues of the
special facility."

����
SECTION 49.
�
Section 266-55, Hawaii
Revised Statutes, is amended to read as follows:

����
"
�266
-
55
�
Special facility revenue bonds.

�
All special facility revenue bonds, including
special facility revenue refunding bonds, authorized to be issued shall be
issued pursuant to part III of chapter 39, except as follows:

����
(1)
�
No
special facility revenue bonds shall be issued unless at the time of issuance
the department shall have entered into a special facility lease with respect to
the special facility for which the revenue bonds are to be issued;

����
(2)
�
Special
facility revenue bonds shall be issued in the name of the department, and not
in the name of the State;

����
(3)
�
No
further authorization of the legislature shall be required for the issuance of
the special facility revenue bonds, but the approval of the governor shall be
required for the issuance;

����
(4)
�
Special
facility revenue bonds shall be payable solely from and secured solely by the
revenues derived by the department from the special facility for which they are
issued, as defined in section 266-51;

����
(5)
�
The
final maturity date of the special facility revenue bonds shall not be later
than either the estimated life of the special facility for which they are
issued or the initial term of the special facility lease;

����
(6)
�
If
deemed necessary or advisable by the department, or to permit the obligations
of the other person to the special facility lease to be registered under the
United States Securities Act of 1933, the department with the approval of the
state director of finance may appoint a national or state bank within or
without the State to serve as trustee for the holders of the special facility
revenue bonds and may enter into a trust indenture or trust agreement with the
trustee.
�
The trustee may be authorized
by the department to collect, hold, and administer the revenues derived from
the special facility for which the special facility revenue bonds are issued
and to apply the revenues to the payment of the principal and interest on the
special facility revenue bonds.
�
If any
trustee shall be appointed, any trust indenture or agreement entered into by
the department with the trustee may contain the covenants and provisions
authorized by part III of chapter 39 to be inserted in a resolution adopted or
certificate issued, as though the words "resolution" or
"certificate" as used in that part read "trust indenture or
agreement".
�
Those covenants and
provisions shall not be required to be included in the resolution or
certificate authorizing the issuance of the special facility revenue bonds if
included in the trust indenture or agreement.
�
Any resolution or certificate, trust
indenture, or trust agreement adopted, issued, or entered into by the
department pursuant to this part may also contain any provisions required for the
qualification thereof under the United States Trust Indenture Act of 1939.
�
The department may pledge and assign to the
trustee the special facility lease and the rights of the department including
the revenues thereunder;

����
(7)
�
If
the department with the approval of the state director of finance shall have
appointed or shall appoint a trustee for the holders of the special facility
revenue bonds, then notwithstanding the second sentence of section 39-68, the
director of finance may elect not to serve as fiscal agent for the payment of
the principal and interest, and for the purchase, registration, transfer,
exchange, and redemption, of the special facility revenue bonds, or may elect
to limit the functions the director shall perform as fiscal agent.
�
The department, with the approval of the
director of finance, may appoint the trustee to serve as fiscal agent and may
authorize and empower the trustee to perform any functions with respect to the
payment of the principal and interest and the purchase, registration, transfer,
exchange, and redemption of the special facility revenue bonds, as the
department may deem necessary, advisable, or expedient, including, without
limitation, the holding of the special facility revenue bonds and coupons that
have been paid, and the supervision and destruction thereof in accordance with
sections 40-10 and 40-11.
�
Nothing in
this paragraph shall be a limitation upon or be construed as a limitation upon
the powers granted in the preceding paragraph to the department with the
approval of the director of finance to appoint the trustee, or granted in
sections 36-3 and 39-13 and the third sentence of section 39-68 to the director
of finance to appoint the trustee or others, as fiscal agents, paying agents,
and registrars for the special facility revenue bonds or to authorize and
empower fiscal agents, paying agents, and registrars to perform the functions
referred to in the preceding paragraph and sections 36-3 and 39-13 and the
third sentence of section 39-68, it being the intent of this paragraph to
confirm that the director of finance as aforesaid may elect not to serve as
fiscal agent for the special facility revenue bonds or may elect to limit the
functions the director shall perform as fiscal agent, as the director of
finance may deem necessary, advisable, or expedient;

����
(8)
�
The
department may sell special facility revenue bonds either at public or private
sale;

����
(9)
�
If
no trustee shall be appointed to collect, hold, and administer the revenues
derived from the special facility for which the special facility revenue bonds
are issued, the revenues shall be held in a separate account in the treasury of
the State, separate and apart from the [
harbor
]
commercial port

special fund, to be applied solely to the carrying out of the resolution,
certificate, trust indenture, or trust agreement authorizing or securing the
special facility revenue bonds;

���
(10)
�
If
the resolution, certificate, trust indenture, or trust agreement shall provide
that no special facility revenue bonds issued thereunder shall be valid or
obligatory for any purpose unless certified or authenticated by the trustee for
the holders of the special facility revenue bonds, signatures of the officers
of the State upon the bonds and the coupons thereof as required by section
39-56 may be evidenced by their facsimile signatures;

���
(11)
�
The
proceeds of special facility revenue bonds may be used and applied by the
department to reimburse the other person to the special facility lease for all
preliminary costs and expenses, including architectural and legal costs; and

���
(12)
�
If
the special facility lease shall require the other person to operate, maintain,
and repair the special facility that is the subject of the lease, at the other
person's expense, the requirement shall constitute compliance by the department
with section 39-61(a)(2), and none of the revenues derived by the department
from the special facility shall be required to be applied to the purposes of
section 39-62(2).
�
Sections 39-62(4),
39-62(5), and 39-62(6) shall not be applicable to the revenues derived from a special
facility lease."

����
SECTION 50.
�
Section
266-61, Hawaii Revised Statutes, is amended to read as follows:

����
"
�266-61
�
Labor subject to collective bargaining;
required.
�
(a)
�
Except as provided in subsection (b), in
addition to the duties of the department [
of transportation
] imposed
under part I, the department [
of transportation
] shall require that the
securing of mooring lines from vessels to commercial docks, wharves, piers,
quays, and landings be performed by labor subject to collective bargaining.

����
(b)
�
Subsection (a) shall not apply to:

����
(1)
�
Any labor being performed at any shipyard or
drydock; by or on behalf of any ship repair or construction company; or
involving any activity relating to ship repair, construction and overhaul
services, and maritime research and development; and

����
(2)
�
The securing of mooring lines from fishing
vessels; government-owned or government-sponsored vessels; tour boats; and
training vessels."

����
SECTION 51.
�
Section
279A-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

����
"(a)
�
The [
state
]
department of transportation shall prepare a new statewide transportation plan
and shall submit [
said
]
the
plan to the legislature in its 1978
session.
�
The legislature shall adopt the
plan by resolution.
�
The plan shall be
directed toward the ultimate development of a balanced, multi-modal statewide
transportation system that serves clearly identified social, economic, and
environmental objectives.
�
The statewide
transportation plan shall include the following system components:

����
(1)
�
The
national system of interstate and defense highways, and highways within the
state highway system;

����
(2)
�
Airports;

����
(3)
�
Harbors
,
commercial ports,
and water-borne transit;

����
(4)
�
Surface
mass transit systems; and

����
(
5)
�
Major county roads.

����
The department of transportation shall pay particular attention
to the interfacing of the various modes of transportation."

����
SECTION 52.
�
Section
279A-7, Hawaii Revised Statutes, is amended to read as follows:

����
"
�279A
-
7
�
Statewide transportation council;
responsibilities.

�
In addition to its
responsibility for coordinating the development of a statewide transportation
plan, the council shall be responsible for the following functions:

����
(1)
�
The
council shall be responsible for making recommendations on projects for
submission to the legislature which involve solely and exclusively either state
highways, harbors,
commercial ports,
and water-borne transit, and
airports and air transportation; solely and exclusively state funds; or solely
state lands.
�
All other projects for
submission to the legislature, including intra-county mass
transit projects, shall be the responsibility of the counties.

����
(2)
�
In respect to
transportation projects for which the counties are responsible for planning and
approval prior to submission to the legislature, the council shall review [
such
]

the
projects and prepare comments for the legislature regarding:

���������
(A)
�
The
degree to which an intra-island transportation project interfaces efficiently
with existing proposed inter-island transportation system; and

���������
(B)
�
The
relationship between the specific projects' possible requirements for state
financial assistance and projections as to the State's total potential
financial commitments required for development of a statewide transportation
system.

����
(3)
�
Counties [
which
]

that
do not have metropolitan planning organizations may request from
the council, and the council shall provide, technical assistance to the
counties in the preparation of their respective county transportation plans as
components of the statewide transportation planning process.
�
The amounts of technical assistance to be
provided hereunder are within the discretion of the chairperson who shall
consider in making the chairperson's determinations the magnitude of the
problems which exist in the requesting counties, the availability of local
resources, the degree to which they are cooperatively participating in the
statewide planning process and the adequacy of the council's budget considering
the financial requirements of overall council operations."

����
SECTION 53.
�
Section
279C-2, Hawaii Revised Statutes, is amended to read as follows:

����
[
[
]
"�279C-2
[
]
]

�
Carbon concrete standards.
�
All department of transportation highway,
[
harbor,
]
commercial port,
and airport projects shall conform to
the applicable carbon concrete standards contained in division 600 of the
highways division of the department of transportation's special provisions for
standard specifications dated July 10, 2020.
�
The director of transportation may issue an
exemption to carbon concrete standards upon a determination that [
such
]
the

exemption is necessary or when specific projects require that different
procedures are mandated under federal law."

����
SECTION 54.
�
Section 291C-27, Hawaii
Revised Statutes, is amended by amending subsection (b) to read as follows:

����
"(b)
�
As used in this section, "emergency
vehicle" means a police or fire department vehicle, ocean safety vehicle,
emergency medical services vehicle, freeway service patrol vehicle, sheriff
division vehicle, Hawaii emergency management agency vehicle, county emergency
management vehicle, civil defense vehicle, department of transportation [
harbors
]

commercial ports
division vehicle, department of land and natural
resources division of conservation and resources enforcement vehicle, or a tow
truck."

����
SECTION 55.
�

Section 311D-1, Hawaii Revised Statutes, is amended by amending article
II to read as follows:

"
ARTICLE
II

DEFINTIONS

����
As used in this compact,
unless the context clearly requires a different construction:

����
"Active duty"
means full-time duty status in the active uniformed service of the United
States, including members of the national guard and reserve on active duty
orders pursuant to 10 United States Code section 101(d)(1) and section
101(d)(6)(A).

����
"Appropriate
education agency" means a public authority legally constituted by a state
as an administrative agency to provide control of and direction for
kindergarten through twelfth grade public educational institutions.

����
"Children of
military families" means school-aged children, enrolled in kindergarten
through twelfth grade, in the households of active duty members.

����
"Compact"
means the interstate compact on educational opportunity for military children.

����
"Compact
commissioner" means the voting representative of each compacting state
appointed pursuant to article VIII of this compact.

����
"Deployment"
means the period of three months prior to the service members' departure from
their home station on military orders through six months after return to their
home station.

����
"Education
records" means those official records, files, and data directly related to
a student and maintained by the school or appropriate education agency,
including records encompassing all the material kept in the student's
cumulative folder such as general identifying data, records of attendance and
of academic work completed, records of achievement and results of evaluative
tests, health data, disciplinary status, test protocols, and individualized
education programs.

����
"Extracurricular
activities" means a voluntary activity sponsored by the school or
appropriate education agency or an organization sanctioned by the appropriate
education agency.
�
Extracurricular
activities include preparation for and involvement in public performances,
contests, athletic competitions, demonstrations, displays, and club activities.

����
"Interstate
commission on educational opportunity for military children" or
"interstate commission" means the commission that is created under
article IX of this compact.

����
"Local education
agency" means a public authority legally constituted by a state as an
administrative agency to provide control of and direction for kindergarten
through twelfth grade public educational institutions.

����
"Member state"
means a state that has enacted this compact.

����
"Military
installation" means a base, camp, post, station, yard, center, homeport
facility for any ship, or other facility under the jurisdiction of the United
States Department of Defense, including any leased facility, which is located
within any of the several states, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands, and any other United States territory.
�
The term shall not include any facility used
primarily for civil works, rivers
,
[
and
] harbors
,

and
commercial ports
projects, or flood control projects.

����
"Non-member
state" means a state that has not enacted this compact.

����
"Receiving
state" means the state to which a child of a military family is sent,
brought, or caused to be sent or brought.

����
"Rule" means a
written statement by the interstate commission promulgated pursuant to article
XII of this compact that is of general applicability, implements, interprets,
or prescribes a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the interstate commission, has the force
and effect of statutory law in a member state, and includes the amendment,
repeal, or suspension of an existing rule.

����
"Sending
state" means the state from which a child of a military family is sent,
brought, or caused to be sent or brought.

����
"State" means
a state of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands, and any other United States territory.

����
"Student"
means the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in kindergarten through
twelfth grade.

����
"Student financial
obligation" means any unpaid or outstanding fines or fees.

����
"Transition"
means the formal and physical process of transferring from school to school, or
the period of time in which a student moves from one school in the sending
state to another school in the receiving state.

����
"Uniformed
service" means the Army, Navy, Air Force, Marine Corps, Coast Guard as
well as the Commissioned Corps of the National Oceanic and Atmospheric
Administration, and Public Health Services.

����
"Veteran"
means a person who served in the uniformed services and who was discharged or
released therefrom under honorable conditions."

����
SECTION 56.
�

Section 386-181, Hawaii Revised Statutes, is amended by amending
subsections (a) and (b) to read as follows:

����
"(a)
�
As used in this section:

����
"Police
chaplain" means a member of an authorized chaplaincy program of a county
police department who performs services in a voluntary and unpaid capacity
under the authorized direction of an officer of the department.

����
"Public board"
means a governmental body, regardless of its designation, duly created under
authority vested by law for the purposes of performing quasi-judicial,
administrative, or advisory functions.

����
"Reserve police
officer" means a member of an authorized reserve force of a county police
department who performs services in a voluntary and unpaid capacity under the
authorized direction of an officer of the department.

����
"Reserve public
safety law enforcement officer" means a member of the authorized volunteer
law enforcement force of the department of law enforcement who performs
services in a voluntary and unpaid capacity under the authorized direction of
an officer of the department of law enforcement.

����
"Sheriffs'
chaplain" means a member of an authorized chaplaincy program of the
department of law enforcement who performs functions similar to a police
chaplain in a voluntary and unpaid capacity for the sheriff division.

����
"Volunteer boating
enforcement officer" means a member of the authorized volunteer
enforcement force of the [
harbors
]
commercial ports
division,
department of transportation, who performs services in a voluntary and unpaid
capacity under the authorized direction of an officer of the department.

����
"Volunteer
conservation and resources enforcement officer" means a member of the
authorized volunteer enforcement force of the division of conservation and
resources enforcement, department of land and natural resources, who performs
services in a voluntary and unpaid capacity under the authorized direction of
an officer of the department.

����
"Volunteer
firefighter" means a person who performs services for a county fire
department in a voluntary and unpaid capacity under the authorized direction of
an officer of the department.

����
(b)
�
If a member of a public board, a reserve
police officer, a police chaplain, a reserve public safety law enforcement
officer, sheriffs' chaplain, a volunteer firefighter, a volunteer boating
enforcement officer, or a volunteer conservation and resources enforcement
officer is injured while performing services for the board, county police
department, county fire department, department of law enforcement, [
harbors
]

commercial ports
division of the department of transportation, or
division of conservation and resources enforcement of the department of land
and natural resources, under the conditions specified in section 386-3, the
person or the person's dependents shall be entitled to all compensation in the
manner provided by this chapter and, for the purposes of this chapter, the
person shall, in every case, be deemed to have earned wages for the
services."

����
SECTION 57.
�
Section 462A-3,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�462A-3
�
Powers and duties of the director.

�
In addition to any other powers and duties
authorized by law, the director shall:

����
(1)
�
Grant
licenses to port pilots and deputy port pilots pursuant to this chapter, when
the need arises;

����
(2)
�
Adopt, amend, or repeal rules in accordance
with chapter 91 as may be necessary to carry out the purposes of this chapter
which are to provide for maximum efficiency in navigating vessels entering or
leaving the waters of this State; maintain a pilotage system devoted to the
preservation, and protection of lives, property, and vessels entering or
leaving waters of the State; and ensure an adequate supply of qualified pilots
in aid of commerce and navigation;

����
(3)
�
Develop appropriate standards for licensure
and renewal of licensure to maintain an adequate supply of pilots based on the
needs of users of pilotage services or the department of transportation's [
harbors
]

commercial ports
division.
�
Licensing requirements shall include
examinations and investigations to determine whether persons applying for full
port pilot, or deputy port pilot licenses are qualified;

����
(4)
�
Enforce this chapter and rules adopted
pursuant thereto;

����
(5)
�
Suspend, revoke or deny the issuance of any
license for any cause prescribed by this chapter, or for any violation of the
rules;

����
(6)
�
Investigate any person for violations of any
provisions of this chapter;

����
(7)
�
Adopt methods to improve disciplinary and
enforcement programs against violations of this chapter; and

����
(8)
�
Do all things reasonable, necessary, and
expedient to insure proper and safe pilotage and to facilitate the efficient
administration of this chapter."

����
SECTION 58.
�
Section
462A-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to
read as follows:

����
"(b)
�
The director, in consultation with users of
pilotage services, the department of transportation's [
harbors
]
commercial
ports
division, and the professional association of port pilots in the
State shall give primary consideration to the public interest in ensuring that
there is an adequate supply of qualified pilots to safely and economically meet
the requirements of commerce."

����
SECTION 59.
�

Section 708-814.7, Hawaii Revised Statutes, is amended by amending
subsection (3) to read as follows:

����
"(3)
�
For the purposes of this section, unless the
context requires otherwise:

����
"Highway" has
the same meaning as in section 286-2.

����
"Improved
state land" means any state land, including but not limited to harbors
or
commercial ports
under the care and control of the department of
transportation under chapter 266, and small boat harbors under the care and
control of the department of land and natural resources under chapter 200, upon
which there is improvement, including any structure, building, or facility; or
alteration of the land by grading, dredging, or mining that would cause a
permanent change in the land or that would change the basic natural condition
of the land.
�
Land is not "improved
state land" if it only has minor improvements, including utility poles,
signage, and irrigation facilities or systems; or minor alterations undertaken
for the preservation or prudent management of the unimproved or unused land,
including fences, trails, or pathways.
�
Land is not "improved state land"
solely due to the performance of state maintenance activities on the land,
including forest plantings and the removal of weeds, brush, rocks, boulders, or
trees; or removal or securing of rocks or boulders undertaken to reduce risk to
downslope properties.

����
"State lands"
means all land owned by the State through any of its departments or agencies."

����
SECTION 60.
�

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

����
SECTION 61.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

DOT; Harbors; Commercial Ports

Description:

Renames the Harbors Division of the Department of
Transportation to the Commercial Ports Division and distinguishes between the
terms "harbor" and "commercial port" throughout the statutes.

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