§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, wharves, and properties managed and
operated by it so as to produce from the rates and fees, in respect to all
harbors, 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 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 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 are or have been issued
for harbor or wharf improvements, or to refund any of the improvement bonds,
excluding bonds, the proceeds of which were or are to be expended for
improvements which 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 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. [L 1931, JR 1; RL 1935, §1742; am
L 1935, c 133, §1; RL 1945, §4996; am L 1947, c 72, §1; am L 1951, c 239, §1;
RL 1955, §112-18; am L 1959, c 265, §15(a); am L Sp 1959 2d, c 1, §§14, 26; am
L 1963, c 114, §1; am L 1967, c 221, §5; HRS §266-17; am L 1972, c 136, §1 and
c 180, §3; am L 1976, c 221, §5; am L 1998, c 114, §1]