HOUSE OF REPRESENTATIVES

H.B. NO.

979

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HARBORS.

 

 

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

 


SECTION 1. Section 266-3, Hawaii Revised Statutes, is amended to read as follows:

"266-3 Rules. (a) The director of transportation may adopt rules as necessary to:

(1) Regulate the manner in which all vessels may enter and moor, anchor, or dock in the commercial 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 harbors, ports, or roadsteads;

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

(3) The embarking or disembarking of passengers;

(4) The expeditious and careful handling of freight, goods, wares, and merchandise of every kind which 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) Defining 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 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 and 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 harbors 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, land, and facilities belonging to or controlled by the State;

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

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

(c) The director may also adopt, amend, and repeal such rules as are necessary to require any person who uses or occupies the commercial harbors, ports, roadsteads, harbor buildings, and other harbor facilities of the State, including, but not limited to, the docks, wharves, piers, quays, bulkheads, or landings therein, to defend, indemnify, and hold harmless, the State, and any of its agencies, officers, and employees, from and against all liability, loss, damage, cost, and expense, including all attorneys' fees, and all claims, suits, and demands therefor, arising out of or resulting from such use or occupation.

[(c)] (d) The rules shall be adopted in the manner prescribed in chapter 91 and shall have the force and effect of law."

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

SECTION 3. This Act shall take effect on July 1, 2020.


 


 

Report Title:

Harbors; Indemnification

 

Description:

Authorizes the Department of Transportation to adopt rules to impose upon private parties who use state commercial harbors the duty to defend, indemnify, and hold harmless the State against claims that arise from such use. Effective July 1, 2020. (HB979 HD1)

 

 

 

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